K1 visa - Why tourist visa cannot be used to marry
Can You Do It?
It may happen that you are staying in the United States as a tourist, meet a U.S. citizen and decide to get married to cement your citizenship and help you stay together with your partner. Getting married on a tourist visa is not impossible, but you have to go through certain bureaucratic processes if you want to stay. The answer to this question depends on the facts of your specific situation and you should consult with an immigration lawyer about your specific case. In general, however, the answer will depend on whether you plan to: Enter the United States on a tourist visa or the visa waiver program, get married and then return to your. Many couples contemplating marriage believe that a foreign national fiance (or fiancee) can simply enter the United States on a tourist visa, get married, stay in the You see, a foreign national cannot make any misrepresentations to the immigration agency when he or she is applying for a visa or entering the United States.
Foreign nationals often wonder if they are allowed to get married on a tourist visa while in the U. Is it possible to adjust status from a tourist visa or visa waiver? Are you allowed to stay in the U.
The short answer is: There is nothing in the article source that say individuals who are in the US as visitors cannot get married.
In fact, you are even allowed to Can You Marry Someone On A Tourist Visa to the US as a visitor with the sole intention of getting married. The time when individuals run into trouble is when they enter the US on a tourist visa with the clear intention of marrying and staying permanently in the US. Coming to the US on a visitor visa with the sole intention of getting married in the US and then filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they perceive has committed visa fraud.
However, it is still possible to adjust status from a tourist visa or visa waiver after getting married in the US.
If this is not true, you will be committing visa fraud and may be subject to a permanent ban on entering the country. Because you risk these severe penalties, you should consult with an immigration lawyer if you get married after entering the United States as a tourist or on the visa waiver program source plan to remain in the United States and adjust status to that of lawful permanent resident LPR. Schedule a Case Evaluation Appointment Now. How Does Immigration Sponsorship Work?
Proving that you entered the US with no preconceived intent to marry and file for adjustment of status can be difficult for some but definitely not impossible. 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. Denial of the application may result in the initiation of deportation or removal proceedings.
Can I Get Married on a Tourist Visa to a US Citizen?
Under the rule, if an individual is applying for a visa at the Consulate and has previously filed for Adjustment of Status or another change in nonimmigrant status within 30 or 60 days of entry in the US, preconceived intent is assumed. People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. That is why it is important to know about this rule and to understand how it works before you get married and apply for adjustment of status. If a person violates nonimmigrant status or files for a change of status or adjustment of status:.
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. After 60 days, there is no presumption of misrepresentation arguably, the burden would shift to the government to prove there was any misrepresentation if it is alleged. If you are married too soon after entry and later apply for Adjustment of Status, it may be assumed that you entered the US with preconceived intent, despite filing the Adjustment of Status application after 60 days.
If you are entering the U. The possibility of being denied for an adjustment is very real, so you and your spouse must both be prepared for any eventuality.
If you came to the U. It is important to remember that if you entered the country as a Visa Waiver applicant, you may not have the right to argue your case in front of an immigration judge. The reasons for denial of adjustment of status are not limited to lack of evidence that the marriage is bona fide, or you did not enter with a preconceived intent to marry and remain in the U.
If a couple is found to have misrepresented their relationship to the immigration agency, the foreign national will likely need to leave the United States, and may face immigration consequences for the misrepresentation. With a tourist visa, visitors to the United States are allowed to stay for six months before having to leave for their home countries. Provided the newcomer returns to their native country before their tourist visa expires, the answer is yes.
If the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country. After you have married and filed for adjustment of status you will not be able to leave the U. You and your spouse would have to start the immigration process from scratch and your spouse may have to wait outside the U. Citizenship and Immigration Services USCIS considers you to have abandoned your adjustment of status application, and may not permit you to re-enter the U.
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.
You are certainly allowed to get married and go back home before your status expires, but you must be ready to present strong and solid evidence to prove to the CBP officer that you intend to return your home country after go here wedding. REMEMBER The more evidence that you can show that proves your intention to return home after the wedding, the greater your chances of getting through at the port-of-entry.
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.
Not everyone who get married on a tourist visa while in the US is eligible to apply for adjustment of status. He was an Australian national. While in the US, Joseph met a girl and they fell in love.
Maria was a US citizen. A few weeks after meeting each other, they got married — pretty fast! They were quite happy and wanted to settle down in the US, but there was something that made Joseph restless….
Visiting USA for Marriage on non-immigrant visa Faq GC # 9 - Best Hookup Sex Sites!
Many of his friends told him that getting married on a tourist visa was dangerous [or even illegal] and that US immigration officials would deport him back to Australia. Joseph asked several people but, much to his surprise, he received many different answers. He was now left with only one troubling question: Joseph had no preconceived intention of getting article source 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. You should consider all the pros and cons of getting married on tourist visa. If you are considering getting married on a tourist visa to U. The US [B-1] Visa has always been a tough ride, and being denied a few times it makes it even worse. But thanks to Visa pro and their meticulous processing I was granted a Visa.
How To Get Married On A Tourist Visa
I would like to thank you and all the people involved in making this a success. I would like to recommend Visapro to all those who seek peace of mind and hassle free Visa processing.
Get a Free Visa Assessment. Skip to content Call Us Today: Introduction Foreign nationals often wonder if they are allowed to get married on a tourist visa while in the U. Get A Free Visa Assessment. How To Obtain U. Immigrant Visa For Family Members?
Register Now Testimonials Success Stories.