Getting Married in the U.S.
on a Tourist Visa
Foreigners often wonder whether they can marry a U.S. citizen or a lawful permanent resident while in the U.S.
To answer the question, there are two options: you are already in the country as a tourist or are planning to visit the States as a tourist.
Entering U.S. on Tourist Visa to Get Married
Marrying a U.S. citizen can be a very simple but still complicated procedure. It really depends on which way you choose and how much time you can wait to get married and become a spouse of a U.S. national or lawful permanent resident.
One of the options is to apply for a fiance visa, travel to the U.S. as a fiance, and then adjust your status after getting married.
However, this is a long process that is likely to take months if not years. So many foreigners find it difficult to resist the temptation to travel to the United States on a tourist visa and get married in the country to bypass all the delays and avoid long waiting periods.
The question many people seek an answer to is how safe and legal it is. The answer is ‘yes’ and ‘no’. As long as you travel back home after the wedding, there is nothing wrong with it. While at home, you are eligible to apply for a green card as a spouse of a U.S. citizen or a lawful permanent resident. You might also enter the country on a tourist visa, get married, and decide to stay in the U.S. permanently. Although there are provisions in U.S. legislation that allow you to marry a U.S. national or a green card holder then apply for an immigrant visa without leaving the country, this path is fraught with shortcomings.
If you have entered the country on a B1/B2 visa with the single purpose of marrying a U.S. citizen and applying for a green card later, it definitely constitutes visa fraud. We wouldn’t recommend it as the consequences might be quite dramatic, including deportation and a ban on entering the country again.
Getting Married on Tourist Visa While Staying in U.S.
If you come to the U.S. as a visitor and only later decide to get married, that's a different matter. There is always a possibility that you have met someone special while visiting the States, passionately fell in love, and got married immediately. You will be allowed to file an application for a green card, using the procedure known as "adjustment of status," meaning you would not have to leave the U.S. during the whole application process.
This is where you might need to resort to professional legal counseling to make sure that your application with the U.S. Citizenship and Immigration Services (USCIS) won’t be considered visa fraud.
Experienced attorneys will help you to build your case and prove you have married in bona fide, in other words, in good faith.
One of the most common reasons for an application to be denied at this stage is a lack of evidence that the marriage is genuine.
Another reason is that you arrived with the premeditated intent to marry and remain in the U.S. As part of the green card application process, you will have to submit personal documents, proving that your marriage is bona fide. And if any emails or photos suggest that the marriage had been discussed before you applied for a non-immigrant visa or entered the U.S., your application will be turned down.
The timing of your marriage is also important. If you get married within 60 days after arriving on a tourist visa and file for adjusting status, it will immediately raise red flags with the USCIS. You will have to do your best to convince them that it has never been your intention to get married when you initially applied for the tourist visa or were crossing the US border.
Your case will look especially suspicious if you get married within the first 30 days after entering the United States. The USCIS will have reasonable doubts about the nature of your marriage, and you will need to convince an immigration officer that it was never your plan to change status when you got the tourist visa.
So, if you're already in the U.S. and have gotten married, but you have concerns that you'll have trouble building your argument about your intentions upon entry, our experienced attorneys are ready to consult with you on any aspects of the application process so you can avoid any pitfalls.
