On A Tourist Visa
- 1. Your wedding should be genuine: It is important for you to convince USCIS that your intention of getting married is genuine. ...
- 2. Follow the 30/60-day rule: USCIS is very strict when it comes to visa issuance. ...
- 3. Take time to get married after arriving in the U.S.:
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 ...
How can a foreigner get married in the US?
To get married in the U.S., you simply need the proper identification to apply for a marriage license in the county in which you are to be married. In most cases, you'll need to provide a valid passport. You may also need to prove that you are old enough to be legally married and that you are not already married.
Can I marry a US citizen while visiting?
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.
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.
Which is faster fiance visa or spouse?
Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.
Can you apply for a fiancé 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.
What happens if you overstay your visa and get married?
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.
Can you stay in the U.S. 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.
How long does a fiance visa take?
approximately 8 to 11 monthsAfter filing Form I-129F, Petition for Alien Fiancé, it may take approximately 8 to 11 months to obtain a K-1 visa. It may be shorter for some and longer for others. As explained, the K-1 processing time can vary based on the agencies that adjudicate the many steps.
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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 get a green card if you are married?
Following your entry into the US on a K1 visa, and your subsequent marriage, you will need to submit an application to adjust your status to that of a lawful permanent residence, that is, apply for a Green Card. This is a highly involved process and will require you to submit documents and applications, pass background checks, attend interviews and take a medical.
How long can you travel without a visa?
Visa-free travel is allowed for trips of up to 90 days and permissible activities include getting married and tourism (honeymooning). You must have been granted your ESTA approval before you travel.
How long does an ESTA visa last?
The B-2 visa permits and is usually granted for a maximum period of 6 months.
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 Rapidvisa a law firm?
No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.
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.
Good Faith Marriage
As soon as you begin the application process of adjusting status, it is important to show that a) you came to the U.S.
Interview
You and your spouse will be required to attend an interview during which you will be questioned by immigration officials on your relationship to establish its legitimacy. It is important to show that it was a good faith marriage and not solely for the intent of adjusting status in the U.S.
Timing the Wedding
Even if you hold off for 60 days before filing for adjustment of status, but you got married very quickly after entering U.S. it can still raise red flags, making it more difficult to adjust status once you decide to file the application.
Possibility of Adjustment of Status Denial
There is always a possibility that the application will be denied for various reasons. Visa fraud is not the only reason why USCIS can deny your application. Other reasons include person’s health, criminal history, sanctions or other immigration history.
Returning Home After Wedding
If you get married quickly after entering the U.S. but return to your home country, the timing of the wedding is irrelevant.
Staying In the U.S. Immediately After Marriage
While it is okay to get married quickly after entering the U.S. and then returning to your home country soon after that, this scenario assumes that you did not apply for adjustment of status. If you do apply for it after getting married, you will not be able to leave U.S. until you receive your Advance Parole or Green Card.
Crossing the Border
When coming to the U.S. on your tourist visa, remember that inspection officers at the borders can question and inspect you to find out the purpose for traveling. If you say you are only visiting but they find a wedding dress in your luggage, you will most likely have to answer many questions and may be denied entry.
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 I-485?
There is a $1,140 filing fee, and an $85 biometrics fee for fingerprinting.
How much does it cost to file an alien relative?
There is a $535 filing fee.
How long does it take to get deported from Mexico?
Some countries (such as Mexico) can result in a deportation in less than 2 weeks, while others can take up to 90 days. Note that if your case qualifies for expedited removal, the standard process is suspended, and you may be deported in less than two weeks.
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.
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.
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 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 .
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.
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.
Things to Remember When Getting Married in The U.S. on A Tourist Visa
- Tourists are allowed to get married in the U.S. on a B-2 visa. However, there are few things to remember to avoid any violation of laws.
Reasons For Denial of Status Change
- A marriage green card application might take 10 to 38 months to get approved. However, there are chances for the denial of your application. Some of the reasons for denial of your application can be: 1. Lack of evidence 2. Ill health of the applicant 3. Criminal history If your application is denied due to any violation of laws, then you might face severe charges. This can also result in …
FAQs – Marry in The U.S. on A Tourist Visa
- 1. Can I travel to the U.S. solely for getting married?
Yes, you can. However, using your tourist visa to get married in the U.S. can be perceived as your intention to stay permanently in the U.S. - 2. Can I apply for the marriage-based Green Card?
Yes, you can apply for a marriage-based Green Card. However, there is no guarantee that your Green Card will get approved. It is best to consult an attorney to follow the correct process.