Can I Get Married On a Tourist Visa to a US Citizen?
Posted by All in One Solution on 10:37 AM with No comments
You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.
You might have heard stories about someone who got married in the US while on a tourist visa, didn't return home, and successfully adjusted his or her status to permanent resident. Why were these people allowed to stay? It is possible to adjust status from a tourist visa or visa waiver, but the people in this scenario were able to prove that they came to the US with honest tourist intentions and happened to make a spur-of-the-moment decision to get married. Proving that you entered the US with no preconceived intent to marry and file for adjustment of status can be difficult but not impossible.
You must remember that coming to the US with the sole intention of getting married in the US and filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they feel has committed visa fraud.
May be this video very halpful for you.
Eight things you should know before getting married in the US while on a tourist visa or on a Visa Waiver:
- The marriage must be in good-faith:
One of the most important things that you will have to prove to the
immigration officers is that your marriage is entered in good faith. If
the officers realize that the marriage was entered only for the
immigration benefits, they will deny the application and deport you back
to your home country. You will have to submit sufficient documents and
proof that your marriage is really a good-faith marriage.
- Marriage should not be immediately after you land in the US:
It is generally not advisable that you get married immediately after
landing in the US. If the marriage happens all of a sudden, and you can
prove that, you may be alright. But if you entered with preconceived
marriage plans, then it is recommended that you get married only after
spending a reasonable period of time in the US on your tourist visa.
- The 30/60 Day Rule:
The Department of State has an unwritten ‘30/60 day rule’ to help
consular officers determine if someone has committed visa fraud. Even
though this rule was developed by the Department of State, it is also
used by USCIS when they are adjudicating applications within the United
States. Foreign nationals coming to the US on tourist visa are subject
to this “30/60 day rule.”
This “30/60 day rule” makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and very dangerous within 30 days of arriving. People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. This is why it is extremely important to know about this rule and to understand how it works before you get married and apply for adjustment of status.
- What will happen if you are denied Adjustment of Status?
The USCIS has very strict rules for those people who come to the
Unites States on tourist visa with the sole intention of getting married
and trying to stay. Not every one who gets married on a tourist visa
while in the US is eligible to apply for adjustment of status. The
reasons for denial of adjustment of status may include a person's
health, criminal history, previous bans or simply a lack of required
evidence that the marriage is bona fide or that you did not enter with a
preconceived intent to marry. Let us look at the pros and cons of this
situation.
If you enter the US on a tourist visa and got married, either of the following two things will happen
- You can successfully apply for adjustment of status after the marriage and live happily ever after; or
- The immigration officer can find there was preconceived intent, deny the application, and send you back to your home country (please note that 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).
The possibility of being denied an adjustment is very real, so you should both be prepared for any eventuality.
- You cannot leave the US immediately after marriage:
Once you have married and filed for adjustment of status you will not
be able to leave the US until you apply for and receive advance parole
or your green card. If you leave the country before receiving one of
these two documents, you will not be allowed to re-enter the US. You and
your spouse would have to start the immigration process from scratch by
petitioning for a spouse visa for you and you will have to remain in
your own country until you can complete the immigrant visa process.
- Border Protection Officers are watching you:
When you arrive on a tourist visa the CBP (Customs and Border
Protection) inspection officers, at a port of entry, will ask you the
purpose of your travel to the US. You should always be upfront and
honest with the immigration inspectors. If you state your intent as, "To
see the Grand Canyon," and a search of your luggage reveals a wedding
dress, be prepared for the inevitable grilling. If the border official
believes that you're not coming to the US for just a visit and you
cannot prove your intent to leave before your visa expires, you'll find
yourself on the next plane home.
- Enter the U.S. on a tourist visa, get married and return to your home country:
Many foreign nationals want to know if they can come to the US on a
tourist visa to get married, but with the intention of going back to the
home country after the marriage.’
Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.
- No excuse for visa fraud: If you think it’s easy to fool the US immigration officers – then I would say you should think twice. If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is found, you will face serious consequences. At the very least, you will have to return to your home country. Even worse, you may receive a ban from reentering the US, a ban that could be indefinite.
Categories: Law and Justice
0 comments:
Post a Comment