Getting Married In Usa On Tourist Visa – Posted on December 30, 2015 | Questions About Coming to the US to Get a Green Card: B-2 or K-1 Visa?
A foreign national living abroad and having a relationship with a US citizen has two main visa options to come to the US, get married, and apply for a green card: B-2 visitor visa and K-1 spouse (e) visa. Each method has advantages and disadvantages.
Getting Married In Usa On Tourist Visa
The B-2 visa is for temporary visits only. Entering the United States on a B-2 visa and then applying for a green card based on marriage benefits and risks.
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An invitation letter or Affidavit of Sponsorship from an American sponsor does not require a B-2 visa. Unlike K-1 fiancé(e) visa applicants, B-2 visa applicants are not required to prove a significant relationship with a US citizen.
B-2 visa applicants must receive assistance based on their residence and relationship abroad. There is no medical examination to be completed or immigration application related to a US citizen relative to file. They only need to apply for a non-immigrant visa online and pay the application fee.
The legitimate purpose of the B-2 includes travel, vacation (vacation), and visiting friends or relatives. Marrying a US citizen (or permanent resident) during your visit is not prohibited – as long as you intend to leave the country before your permit expires.
2. A general desire (and even a premeditated intent) to immigrate – in and of itself – does not prevent a B-2 visa holder from being adjusted as a spouse of an American citizen
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The B-2 path to a green card works best when the alien decides to marry a US citizen only after entering the country. Couples may not decide the future of their relationship until they spend more time together during the visit. If a U.S. citizen surprises a B-2 visitor with a marriage proposal after he or she enters the United States, the visitor can show that the primary purpose of the visit is for a while.
The general desire to stay in America, when there is an opportunity to follow the law, is not a problem. In addition, permanent immigration status does not prevent immediate relatives (such as spouses) of US citizens from adjusting status – unless otherwise negative which allows USCIS to refuse to modify the decision.
3. Currently filing I-130 and I-485 (one-step application/petition) is the easiest way to get a green card as a married couple
Under normal circumstances, a B-2 visitor who has a physical presence in the United States, after lawfully entering the United States, may file a Form I-485 adjustment of petition at the same time the U.S. citizen files the I-130 Immigrant Form with the U.S. Citizenship & Immigration Services (USCIS). The B-2 path to a green card is usually used by immediate relatives of US citizens.
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One-step filing of the I-485 and I-130 is an easier process than applying for a K-1 fiancé(e) visa, K-3 nonimmigrant visa, or immigrant visa at a US Consulate abroad, based on marriage to an American citizen. You can live with your spouse in the United States while your green card is pending, instead of being separated.
To obtain a B-2 visa or enter the United States as a visitor, an alien must have a nonimmigrant intent. You must prove that you have strong ties to your country that you will not abandon and that you will leave the United States before your residence permit expires.
The B-2 visa path to a green card works best if you are not already a U.S. citizen or are not specifically planning to immigrate to the United States after entering the United States.
Entering the U.S. as a visitor only if you are a U.S. citizen (or permanent resident) does not violate U.S. law, as long as you leave before your authorization expires . Although this purpose is legitimate, it is still risky and may result in you being denied a visitor visa or entry to the United States as a visitor.
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If you are applying for a visitor visa, you will be asked on the nonimmigrant visa application form, and possibly at the visa interview, even if you have relatives currently in the United States This counts with the fiancé(e). If the immigration officer knows that you have a US citizen(s) or believes that you will marry a fiancé(e) during your visit, you will be denied a visitor visa. This is because the consular officer may think that you have no intention of leaving the US, but will overstay, get married, and apply for a green card to live permanently in the US with your American spouse.
At a US port of entry, a customs official can deny you entry for the same reason, even if you present a visitor visa. If U.S. Customs & Border Protection (CBP) finds that you may not be a nonimmigrant and therefore do not have valid travel documents, it may two options. It will either (a) allow you to withdraw your application (and possibly revoke your visa) OR, (b) issue an urgent cancellation order, which prevents you from returning to the country United States for five years, unless you receive a Form I-212 exemption. However, you will be advised to return home on the next flight.
In some cases, CBP may also find that you misrepresent the purpose of your visit to enter the United States as a visitor. Then it can reject your access and give a quick removal order from this additional site. If you can’t convince CBP to stop reporting (or leave) the cost of the complaint, you will face a life bar to get a green card or immigrant visa. You must then qualify for and receive an I-601 [INA § 212(i)] waiver of denial.
Applicants for an I-601 waiver must show that their eligible relative (U.S. citizen or permanent resident spouse or parent) would be at a “great hardship” if they were not admitted to the United States according to immigration. This exemption is difficult to obtain.
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Lying about the purpose of your visit or whether you have an American fiancé in the U.S. can be considered fraud or misrepresentation in order to obtain immigration benefits.
The U.S. Department of Homeland Security has adopted a 30/60 day rule when an alien violates his or her nonimmigrant status. When a B-2 visa holder becomes a U.S. citizen or applies for permanent residence within 30 days of entry, DOS considers that he or she has denied his or her intent to seek a visitor or entry visa. If the application for marriage or green card appears between 30 and 60 days of entry, DOS does not think, but there may be incorrect details. If the application for a marriage or green card occurs after 60 days, DOS does not consider this practice to be fraudulent or disinterested in obtaining immigration benefits.
[Update: On August 1, 2017, DOS replaced the 30/60 day rule with a 90-day rule, which creates a presumption of falsehood “if the alien commits or participates in conduct inconsistent with his right to anonymity in 9. date of entry.” If this action occurs within 90 days of entry, the consular officer “may assume that the applicant’s representation of cooperation in compliance with the law is only the unreasonableness of his intention to seek a visa or to enter.”]
USCIS is a separate agency from DOS and the Board of Immigration Claims that relatives are now exempt from the 30/60 day rule. However, USCIS can use it as a guide.
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If USCIS finds that you have committed fraud or misrepresentation to obtain a B-2 visa or enter the United States as a visitor, this presents a permanent opportunity to obtain a green card. You may also be placed in removal proceedings before the Immigration Court.
You can challenge the finding by showing that you did not engage in immigration fraud or that you were not willing to provide false information when you applied for a visa or when you sought entry into the United States. To voluntarily overcome the finding, you must apply for and receive an I-601 waiver of denial.
Visitor visas are often misused as a way to enter the United States, get married, and then apply for a change of status (green card) to avoid the lengthy process. again on applying for a K-1, K-3 or immigrant visa in the United States. Consulate.
USCIS officials will carefully review your marriage to ensure that it is legitimate, i.e. entered into for the purpose of establishing a married life, and does not cross the law of the United States. You will need to present proof of your shared residence, accumulated financial resources and other evidence that you are actually married. You also need to prove regular and reliable based on the nature of your relationship and communication.
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As an I-485 applicant, you must indicate that you are inadmissible due to a criminal conviction, health reasons, immigration violations, or other reasons. The USCIS officer can review all your documents (including your visitor visa application) and ask you questions at the interview to make sure you can enter the United States. can verify your true purpose when you apply for a visa or seek access to a Visa. .
An immigrant visa is required for an I-485 applicant. If your spouse is a permanent resident, he or she can file an I-130 petition for you, but you will not immediately file for a green card because of the F2A backlog (the spouses of permanent residents).
When you are not living with a current relative (eg a spouse of the US.