can you get married in the us without a visa

The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program

. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

Full Answer

Can a non US citizen get married in the US?

If you and your fiance are non-US citizens wanting to visit the USA to get married, it is possible to do this with tourist status. If you are a national of one of the Visa Waiver countries, you can apply for ESTA authorization to travel to the without having to secure a visa.

What happens if you marry someone without a visa?

If you haven't yet applied for the visa, and your marriage is to a U.S. citizen or lawful permanent resident, you may have an uphill battle convincing the officer at the U.S. consulate that all you want to do is get married and then leave.

Can a visitor visa be used to get married in USA?

Too many people before you have used visitor visas as a way of entering the U.S., getting married to a U.S. citizen, and then applying for adjustment of status (a green card), to avoid the longer process of applying for a fiance or marriage-based visa from overseas.

Can you get married in the US if you are already engaged?

If you want to get married in the USA and you’re already engaged, the legal way would be to file for a K-1 fiance visa. If you get married overseas, you would file for a spousal visa. It is illegal to come to the US on a tourist visa if your intention is to get married and stay.

Can non citizens get married in the US?

Can two non-citizens marry in the U.S.? Yes, non-citizens can marry within the U.S. Keep in mind that marriage does not change your immigration status and the marriage may not be recognized in your home country.

What happens if you get married on a tourist visa?

If an individual comes to the U.S. on a visitor visa and decides to get married, they may be allowed to apply for a green card under an adjustment of status. This is a process in which the visa status is adjusted from visitor visa to permanent resident.

Can a foreigner stay in the US after getting married?

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.

Can you stay in the US while waiting for marriage green card?

In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card.

Can a foreigner get married in the US on a tourist visa?

Yes, you can get married in the U.S. while on a B-1/B-2 tourist visa or a visa waiver program. However, coming to the U.S. as a visitor with the sole purpose of getting married and then filing for adjustment of status is considered fraud.

How long does a marriage visa take?

Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse's home country, but the typical time is around 24 months.

What happens when a foreigner marries a U.S. citizen?

A fiancé (K-1) visa grants permission to a non-U.S. citizen who is engaged to marry a U.S. citizen to enter the United States for the purpose of getting married. In order for your fiancé to get a K-1 visa, you will need to file a petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS).

How long after marrying a U.S. citizen can I work?

Depending on your case, if you have applied as the spouse of a U.S. citizen, you may need to wait for 10-12 months. As a lawful permanent resident spouse, however, the waiting time could be upwards of 30 months.

How do I marry an immigrant with a tourist visa?

Unlike most visas that are initiated with the US Embassy in the foreigner's home country, a K-1 visa application is typically filed by the fiancé who is a US citizen or lawful permanent resident. The fiancé will need to file Form I-129, Petition for Alien Fiancé, with the USCIS.

Can I marry someone who overstayed visa?

If you overstay your visa for less than 180 days, you may leave the U.S. and apply for a Green Card through consular processing. If your overstay has been more than 180 days, the only option is to wait for your spouse to become a U.S. citizen and then apply for I-485 Adjustment of Status inside the U.S.

What happens when a foreigner marries a U.S. citizen?

A fiancé (K-1) visa grants permission to a non-U.S. citizen who is engaged to marry a U.S. citizen to enter the United States for the purpose of getting married. In order for your fiancé to get a K-1 visa, you will need to file a petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS).

How long does it take to get a green card through marriage to a U.S. citizen?

about 15.5 monthsThe current total wait time for a marriage-based green card averages about 15.5 months. This will vary depending on whether you are married to a U.S. citizen or green card holder and where you currently live (additional backlogs may be applicable depending on your location).

How long does it take to marry a foreign national on a K-2 visa?

According to immigration law, someone counts as a fiancé (e) only if the U.S. citizen intends to marry the foreign national within 90 days of his or her entry into the U.S. K-2 visa – this one is for the children of a foreign national fiancé (e) who is under K-1 status.

How to validate marriage to USCIS?

To validate your marriage to USCIS, you will need to provide various items that demonstrate a husband-wife relationship, chief among them being your marriage certificate recognized by the law of the country where the marriage took place. Other documents such as joint bank account, family pictures, and related evidence will also help prove your case.

What is the DOS Definition of a Spouse?

citizen or lawful permanent resident. According to the U.S. Department of State, “a spouse is a legally wedded wife or husband.” The following explanations further clarify what a spouse is and what it isn’t when it comes to the immigration application process:

What is the purpose of a marriage petition?

The purpose of this form is to request the agency’s approval to allow your spouse to live in the U.S. as a permanent resident. It also provides you with the opportunity to prove that you have a valid marriage, which is the basis of any marriage-based petition.

What is common law marriage?

Common-law marriage is an agreement between a man and woman to get married without observing a religious or civil ceremony. If you are in a polygamous marriage, only the first spouse may qualify as a spouse eligible for a marriage visa.

What is required to annul a marriage?

This will require an annulment or divorce certificate or death certificate.

What are some examples of bona fide marriages?

Examples for this include joint bank accounts, apartment leases, shared household bills, health or life insurance designations, birth certificates of children born to the marriage, etc.

What is the intention of a visa?

Intent is what really matters. The intention of a tourist or travel visa is a temporary visit for a specified amount of time. If you want to get married during your visit then return home before your visa expires that may be legal, but a travel visa should not be used with the intention of entering the United States to marry, ...

What is a tourist visa?

Tourist visas are for people who want to sight see, not get married.

Can a fiancé be deported?

If the USCIS later decides that your fiancé (e) has committed visa fraud, they could be deported and will be impossible for them to legally return to the United States, even if the two of you are married.

Is it illegal to say one thing when you intend another?

Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties.

Is immigration outdated?

Immigration is constantly changing, and old information often becomes outdated, including procedures, time lines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete.

Is it legal to get married in gray areas?

Gray areas aren't generally the government's forte. It is legal to enter the U.S. on a tourist visa, travel visa or the Visa Waiver Program (VWP) and get married to a U.S. citizen. It is also legal to adjust your status after getting married.

Can I get same sex visa as opposite sex spouse?

Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. ...

Can a spouse get a K-3 visa?

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.

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If You Want to Simply Get Married and Then Return Home

Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay. But that doesn't mean this is a risk-free strategy.

If You Hope to Get Married and Then Apply for a U.S. Green Card

Using a B-2 visitor visa to enter the U.S. with the intention of getting married and applying for a green card is a form of visa fraud. The visitor visa is a nonimmigrant visa, whose proper use requires entering with the intention of returning home (or at least leaving the U.S.) by the date on the I-94 Arrival/Departure Record.

How to change status on a work visa?

To change status, you fill out the same form as you would for an extension; Form I-539. See Applying for an Extension of a U.S. Visa or Change of Status for details. Note that if you're changing to a work visa, your employer will submit an I-129 petition to sponsor you for work authorization and change your status.

Does a temporary visa expire?

As the holder of a nonimmigrant (temporary) visa, you probably know that your permitted stay in the U.S. will expire at some point. That expiration date is most likely specified on your Form I-94 Arrival/Departure Record.

What are the differences between states regarding marriage?

have different laws and requirements regarding marriage. These differences include age, blood tests, waiting periods, same-sex marriage, cousin marriage, etc.

Where to check for marriage?

Before making any wedding or travel plans, you should check with the local county clerk or marriage official where you want to get married to make sure you have all the documentation that is necessary so that your marriage will also be recognized in your own home country.

Do you need a passport for a destination wedding?

If you are having a destination wedding in the U.S. and intend on having family and friends with you, you need to make sure they have the necessary travel documents , like passports, too.

Is marriage legal for non-citizens?

Eric Larrayadieu / Getty Images. Marriages by non-citizens are legally binding unions. Aside from providing Social Security numbers, the requirements to get married in the U.S. are the same for both U.S. citizens and non-U.S. citizens.

Does getting married change your status?

Getting married in the U.S. does not change your immigration status, citizenship, or provide you with a Green Card, change your travel documents, etc. Documents should be translated into English. Double-check to make sure your home country will recognize your marriage if you are married in the U.S. If you are already in America, you can ask your ...

Fiance visa vs marriage visa: peculiarities and differences

If you are engaged or married, or want to get married and want to live in the USA, you should get to know more about the following visa types:

Fiance visa: K-1

The formal name of the fiance visa is “ K-1 visa ”. The vast majority of foreigners engaged to Americans apply for it, aiming at getting US citizenship through marriage. Once the couple gets married, the foreign spouse should undergo a specific “ adjustment of status ” process if they wish to get a green card.

Marriage visa: CR1 and IR1

If your foreign spouse moves to the U.S. and you have been married for less than 2 years, the spouse will have a permanent resident status called “conditional”. Consequently, a CR visa is a conditional resident immigrant visa, while the IR visa is the immediate relative one .

Spouse visa: K-3

K-3 visa or spouse visa is given to a married couple that lived abroad before they made up their mind to move to the USA. This visa is nonimmigrant and might be utilized by the immigrant spouse to adjust status and come to the USA.

Difference between immigrant and nonimmigrant visas

The main aim of an immigrant visa is to be able to live permanently in the USA. This visa should be obtained before a foreign bride travels to the USA. Marrying a foreign national, you should file the AOS application within less than ninety days since you entered the U.S. territory.

Fiance visa vs marriage visa: Summing up the differences

So, there are 2 main options for fiances of American citizens to immigrate to the USA:

The bottom line

You might apply to whatever visa type you want. However, keep in mind that you should prove that your relationships are real and not fraudulent. If you have difficulty with your application for the visa process or do not want to dive deeply into it, you might get legal assistance from lawyers or read more guides related to the topic on our site.

How to get married abroad?

If you decide to get married abroad, you will have to go through Consular Processing (CP). Applicants living outside the United States must normally use consular processing to apply for a green card. Applying through consular processing means you’ll wait in your home country while your green card application is processed. That can take several months, but it’s generally much quicker than AOS, and you can continue your regular employment in the meantime.

Where should I get married?

For most couples, deciding where to get married can be challenging. Add in a foreign spouse and U.S. immigration laws, and the task becomes even harder.

How to get a green card if you are a non-immigrant?

You will need to file Form I-130 and then Form DS-160 (also called the Online Nonimmigrant Visa Application), followed by a medical exam and an interview at a U.S. embassy or consulate. Although this can sometimes be a long process, this option does lead to a green card as soon as you arrive in the United States.

Why is marriage fraud taken seriously by USCIS?

This is because USCIS says the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Finally, marriage fraud or the intent to fraudulently immigrate to the United States through marriage is taken very seriously by USCIS.

What is boundless immigration?

With Boundless, you get an independent immigration attorney who can answer all legal questions related to your application. Boundless also makes the whole application process easy by turning all the government requirements into simple questions you can answer online — on your own time.

How long does it take to get a green card if you marry?

Again, be mindful of the “90-day rule” — temporary visa holders who marry or apply for a green card within 90 days of entering the United States could find their green card applications denied and their current visas revoked. They may also find it hard to obtain a U.S. visa in the future.

What form do I need to file for a green card after marrying?

After marrying in the United States, you will file Form I-485, which will require biometrics and possibly an interview. If the non-U.S. partner intends to seek employment or travel outside of the United States while the green card application is being processed, he or she must file for a work permit and a travel permit.

How long does it take to get a visa if you have misrepresented your intentions?

1. Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview. 2. Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation. 3.

What do CBP officers ask you when you arrive on a tourist visa?

When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.

What happens if you violate the immigration laws?

If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is proven, you will face serious consequences. At the very least, you will have to return to your home country. Worse still, you may receive a lifetime ban from reentering the US, a ban that may be extremely difficult to overcome.

What is the most important thing to prove to USCIS?

1. The Marriage Must Be In Good Faith. One of the most important things that you must prove to USCIS is that your marriage was entered in good faith. If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application.

Did Joseph get married?

Joseph had no preconceived intention of getting married while he was in the US on a tourist visa, and the marriage was entered in good faith. Joseph consulted an immigration attorney and filed for adjustment of status successfully.

Is the B-1 visa tough?

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Gray Areas Aren't Generally The Government's Forte.

Intent Is What Really matters.

The Potential Consequences of Doing It Wrong Are serious.

Tourism Is Kind of specific.

• In order for someone to get married in the U.S. while visiting on a tourist or travel visa and then adjust their status to lawful permanent resident they would need to prove they came to the U.S. with the intention to travel to and visit the U.S. and return to their home country but not to get married or immigrate here.

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What's The Safe Way?