Can I marry an US citizen on tourist visa?
Can I Marry A US Citizen on A Tourist 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. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.
Is it illegal to get married on a tourist visa?
There is no problem or penalty to getting married in the US while on a tourist visa. The problem is over staying the time limits of the visa. You can then return home and have your new spouse submit a form I-130 to request that you join them in the US. In this case the wedding date will be before filing the I-130.
Is there any restriction to get married in USA?
The marriage age in the United States is the age at which a person can marry in the United States as a right, or with parental consent or other authorization. This age is set by each state and territory, either by statute or the common law applies. In general, an individual can marry upon reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and ...
Can an illegal immigrant be get married to an US?
Can illegal immigrants get married in the US? If you are an undocumented immigrant in the United States (sometimes known as a ‘illegal alien,’) there is nothing that prevents you from marrying a citizen of the United States, or almost anybody else you desire to marry in the country. On a regular basis, citizens of the United States marry ...
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 you stay in the US if you marry a citizen?
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.
What happens if you get married with b2 visa in us?
Generally, it is legal to get married while you are in the U.S. as a visitor on a B-2 visa, but only if you return home at the end of your permitted stay. However, this is not a risk-free strategy.
Can you apply for a fiance visa while on a tourist visa?
So, can a U.S. citizen file a K-1 fiance(e) visa petition while the foreign national fiance(e) is still in the United States? Yes, generally speaking, the K-1 visa application can be filed by the U.S. citizen while the foreign national fiance(e) is in the United States on a visit.
Do you automatically get a green card when you marry a U.S. citizen?
The beneficiary, or person who is applying to receive a green card, is generally automatically eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder.
How long after marrying a U.S. citizen can I travel?
After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for “advance parole,” which gives you permission to travel. Unless you have an emergency situation, USCIS will take two to three months to process your parole.
How can I convert my tourist visa to work visa in USA?
If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires.
What is the fastest way to bring my wife to USA?
Historically, family reunification has been the easiest and fastest way of bringing your loved ones to the United States.
How long can I stay in the US on a tourist visa?
180 daysThe maximum amount of time issued for a B1/B2 visa is 180 days. This visa allows for multiple entries into the United States. Need help applying for your B-1/B-2 visa?
Can I travel to the US while waiting for spouse visa?
It is absolutely possible for a foreign spouse to visit their partner in the United States while awaiting their green card application. If you are a foreign spouse, you may apply to enter the United States via a tourist visa if you have a pending I-130 petition, and wish to go back to your home country after the visit.
Which is faster tourist visa or fiancé visa?
Speed of Marriage If your priority is to become married as soon as possible, it will generally be quicker to marry outside the United States. Obtaining a K-1 visa, typically the fastest way to the U.S., will take approximately 5-10 months. So visiting the fiancé in his or her home country will usually be faster.
How can I convert my US visitor visa to green card?
For those who want to file an adjustment of status application (Form I-485) from a visitor visa to a green card, your first step should be to consult with an immigration attorney so that we can determine whether you fit the criteria to adjust your status while in the U.S. on a tourist visa.
How long do you have to stay married for green card?
two yearsWhen you obtain a green card through marriage, it will either be a permanent renewable green card that is valid for ten years or a conditional two-year green card. The conditional green card is issued to applicants that have been married for less than two years at the time the green card is issued.
How long do you have to be married to get a green card?
USCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage. Check out this article for more information on how to apply for a Marriage Green Card.
How long does it take to get married after a status adjustment?
Applying for a change of status or getting married based on a status adjustment is very risky within 60 days of landing in the U.S. It is even riskier after only 30 days. This is why we recommend waiting to get married. Both the Department of State and United States Customs and Immigration Service (USCIS) use the 30/60 rule.
Why is my visa denied?
Possible reasons for denial include: Entering the U.S. on a tourist visa and getting married will result in one of two possible outcomes: • Your application will be successful and you will get your status adjustment. • The immigration officer will decide you had preconceived intent and deny the application.
Can you change your immigration status?
Success or failure in changing your immigration status depends on your being able to demonstrate that you entered into the nuptial union in good faith, and not just for the immigration benefits. If the officer detects otherwise, he will deny your application and send you back home to your native country.
Can you fool the immigration officers?
Do not think for a moment that you will be able to fool the Immigration officers. Not only are they trained to spot visa fraud, but they have also probably heard a story very similar to yours many times before. Violate America’s strict immigration laws and you face charges of visa fraud. At the very least, you will be sent straight back to your home country. At worst, you may be barred from ever returning to the United States.
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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.
What is a tourist visa?
Tourist visas are for people who want to sight see, not get married.
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, ...
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 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.
How long do you have to wait to marry a foreigner?
Be aware that immigration authorities follow a rule called the 90-day rule. The rule holds that travelers who get married during their first 90 days in the United States pose a higher risk of visa fraud. If you want to stay off immigration officials’ radar, avoid the 90-day rule by postponing the wedding until at least three months after the foreigner enters the United States. The longer you wait, the better.
How long does it take for a spouse to get a green card?
Doing so honors the terms of the 6-month tourist visa and presents the lowest risk of being charged with visa fraud. It may take a few weeks or months before the application is approved by the US Embassy, but this is the smoothest path to legal residency in the United States.
How to get deported from the US?
If ICE initiates removal proceedings to deport you from the United States, here’s what you can expect: 1 You will be detained at an ICE detention facility or contracted prison until you post a bond, are released on your own recognizance, or are deported. 2 ICE will present your case to an immigration court of the Department of Justice 3 You may seek relief from deportation under certain qualifying circumstances. If the court accepts your defense against deportation, the judge will approve a cancellation of removal. If the court rejects your defense, the judge will issue a removal order. 4 Should the immigration court reject your request for relief, you may appeal your case to the Board of Immigration Appeals and/or the Circuit Court of Appeals. 5 Should the appellate courts reject your appeals, the US will coordinate with the receiving country to accept the deportee and acquire travel documentation. Some countries (such as Mexico) can result in a deportation in less than 2 weeks, while others can take up to 90 days.
How to check status of USCIS case?
After completing your interview with a USCIS representative, you can check the status of your case online. Once the agency has made a decision, they will mail you a letter. Assuming your case is approved, you should receive your green card in the mail soon after.
How much does it cost to file an alien relative?
There is a $535 filing fee.
Can a foreigner get a visa if they are married?
If the foreigner originally intended to get married and permanently reside in the United States, they should have applied for a fiancé visa, not a tourist visa. By lying to a consular officer during the visa interview, they committed visa fraud. In the best-case scenario, the foreigner will be deported. In the worst-case scenario, they may be ...
Can a foreigner be deported?
In the best-case scenario, the foreigner will be deported. In the worst-case scenario, they may be banned from returning to the United States. If you marry a foreigner on a tourist visa and your new spouse would like to remain in the United States, you should consult with an immigration attorney before leaving the country or applying ...
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.
Who Qualifies for an Adjustment of Status to a Marriage Green Card?
To apply for adjustment of status as the spouse of a U.S. citizen or lawful permanent resident, you must meet two requirements.
How to apply for adjustment of status as spouse of a U.S. citizen?
citizen or lawful permanent resident, you must meet two requirements. First, you must be located in the United States when applying. Second, you must have entered the United States lawfully.
What is the Adjustment of Status Application Process From a B-1/B-2 Visa to a Marriage Green Card?
When you’re sure you won’t be affected by the 90-day rule, you can apply for adjustment of status to obtain a marriage green card. Since your spouse already arrived via a B-1 or B-2 visa, they won’t be obtaining an immigrant visa but instead changing their current status. The process will be slightly different depending on whether your spouse is a U.S. permanent resident or U.S. citizen.
How long does it take to get a green card if you have a visa?
The entire process, beginning when U.S. Citizenship and Immigration Services (USCIS) received your Form I-130, will take about 29 to 38 months .
What is the form for a spouse to file for a B-1 visa?
You, as the B-1 or B-2 visa holder, need to file Form I-485. Form I-485 is the green card application and is officially named “Application to Register Permanent Residence or Adjust Status.”.
What is the form for a spouse to get a green card?
Form I-130 is the family sponsorship form and is officially named “Petition for Alien Relative.”. After your spouse files this form, you must wait to receive a visa number to apply for a marriage-based green card. However, your next steps depend on whether you get your visa number before or after your B-1 or B-2 visa expires.
Can a spouse apply for consular status?
If the spouse is not located in the United States, they can apply for consular processing. If the spouse is already located in the United States, the Immigration and Nationality Act (INA) allows them to apply for adjustment of status.
Benefits and Pitfalls
Marriage Can Be Difficult, But Not Impossible
- Occasionally, people do get married in the United States while on a tourist visa. They successfully adjust their status to permanent resident without having to return home. How does this happen? The trick to changing status from a tourist visa or visa waiver is to prove that there was no premeditated intention to get married, but it was a spontaneo...
Understanding “Visa Fraud”
- Entering the United States for the purpose of finding a spouse and then filing for a change of status is visa fraud. Immigration officers frown on this and can seriously complicate your honeymoon plans.
Denial of Status Adjustment
- Getting married in the U.S. while on a tourist visa is no guarantee that you will get a status adjustment. Possible reasons for denial include: • Health • Criminal history • Previous ban • Lack of evidence that the marriage was in good faith Entering the U.S. on a tourist visa and getting married will result in one of two possible outcomes: • Your application will be successful and yo…
Departing from The United States
- Say you are in the country on a tourist visa. You later get married and apply for an adjustment of status. You will be unable to leave the U.S. until you receive your green card, or you ask for and receive advance parole. If you do leave the country, the immigration officer on a subsequent visit to the United States will prevent you from re-entering the country. If this happens, you and your s…
Always Be Honest with Border Protection Officers
- As you enter the United States, Customs and Border Protection (CPP) inspection officers will ask you to declare your reason for traveling to the U.S. This is a routine question that they ask everybody. Before you blurt out you are going sightseeing, be aware that they may search your luggage. If they find a pile of wedding invitations, you are going to have to answer some embarr…
Do Not Attempt Visa Fraud!
- Do not think for a moment that you will be able to fool the Immigration officers. Not only are they trained to spot visa fraud, but they have also probably heard a story very similar to yours many times before. Violate America’s strict immigration laws and you face charges of visa fraud. At the very least, you will be sent straight back to your home country. At worst, you may be barred fro…
Seek Professional Legal Assistance
- We strongly recommend that you take time to ponder the consequences of getting married on a tourist visa in the United States before you take the plunge. Take a close look at all the legitimate options, such as obtaining a spouse or fiancé visa, to avoid having to face the legal ramifications.
Gray Areas Aren't Generally The Government's Forte.
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, stay permanently and adjust status. Using the K-1 Fiancé(e) Visaavoids all of the problems noted abo…
The Potential Consequences of Doing It Wrong Are serious.
- There could be serious problems for someone who enters the United States on another visa with the intention of marrying or residing here. 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. Those penalties include restricting a person’s ability to obtain immig…
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.
What's The Safe Way?
- You can easily avoid visa and/or immigration fraud by filing for a K-1 Fiancé(e) Visa or you could get married in the home country of the foreign fiancé(e) and then apply for a CR-1 Spousal Visa. If you have secretly obtained a tourist or travel visa, with the intent to marry your fiancé(e) in the U.S. and to bypass the normal process you should rethink your decision. Disclaimer: The informatio…