Getting Married On A Tourist Visa To A US Citizen
Can You Do It?
Introduction
Foreign nationals often wonder if they are allowed to get married on a tourist visa while in the U.S., and apply for Adjustment of Status seeking Permanent Residence in the U.S.
You may have heard about individuals who got married in the US while on a tourist visa, didn’t return home, and later successfully adjusted to permanent resident status.
Is it possible to adjust status from a tourist visa or visa waiver? Are you allowed to stay in the U.S. after marriage?
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.
There is nothing in the regulations that say individuals who are in the US as visitors cannot get married. In fact, you are even allowed to come 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. Individuals who are able to file the adjustment of status applications are generally able to prove that they came to the US with honest visitor intentions and the decision to stay permanently and/or getting married was made well after the entry. 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.
Top 8 things you should consider before getting married on a Tourist Visa or Visa Waiver
1. The Marriage Must Be In Good Faith
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.
IMPORTANT
You will have to submit sufficient documents and proof that your marriage is really a good faith marriage.
2. The 30/60 Day Rule
The Department of State developed a ’30/60 day rule’ to help consular officers determine if someone has committed visa fraud. 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.
This rule has, in some ways, been adopted by USCIS in the adjudication of Adjustment of Status applications. 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 harmful within 30 days of arriving.
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.
DID YOU KNOW?
If a person violates nonimmigrant status or files for a change of status or adjustment of status:1.Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview.2.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.3.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).
3. Timing of The Wedding
The timing of your wedding may raise red flags for USCIS when examining your case.
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.S. with the intention of getting married and then returning to your home country, the timing of your wedding in relation to your entry is largely irrelevant.
4. What Happens If Adjustment of Status Is Denied?
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.S. as a visitor and your adjustment of status is denied, USCIS may refer you to Immigration & Customs Enforcement to begin the process of removal, or ‘deport’ from the country. 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.
DID YOU KNOW?1.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.S. Reasons for denial may include a person’s health, criminal history, or previous sanctions.2.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.
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