Introduction

Foreign nationals frequently wonder if they are allowed to get married on a tourist visa while in the U.South., and utilise for Adjustment of Status seeking Permanent Residence in the U.Due south.

You lot may take heard nearly individuals who got married in the U.s.a. while on a tourist visa, didn't return abode, and afterward successfully adapted to permanent resident status.

Is it possible to adjust condition from a tourist visa or visa waiver? Are you allowed to stay in the U.South. afterward marriage?

Can I Marry A Us Citizen on A Tourist Visa?

The curt respond is: yeah, you lot can get married in the United states while on a B-1/B-2 tourist visa or on a visa waiver plan.

There is nothing in the regulations that say individuals who are in the US as visitors cannot go married. In fact, you are fifty-fifty allowed to come to the US every bit a visitor with the sole intention of getting married.

The time when individuals come across problem is when they enter the Usa on a tourist visa with the articulate intention of marrying and staying permanently in the U.s.. Coming to the United states on a visitor visa with the sole intention of getting married in the The states and then filing for adjustment of condition is accounted to be visa fraud, and Usa immigration officers do not accept kindly to anyone they perceive has committed visa fraud.

Nevertheless, information technology is still possible to suit condition from a tourist visa or visa waiver later getting married in the US. Individuals who are able to file the aligning of condition applications are mostly able to prove that they came to the U.s.a. with honest visitor intentions and the determination to stay permanently and/or getting married was fabricated well after the entry. Proving that yous entered the US with no preconceived intent to marry and file for adjustment of condition tin can be difficult for some but definitely not impossible.

Top 8 things y'all should consider before getting married on a Tourist Visa or Visa Waiver

1. The Spousal relationship Must Be In Good Faith

I of the near important things that you must prove to USCIS is that your spousal relationship was entered in good organized religion.

If USCIS determines that the spousal relationship was entered into only for purpose of gaining immigration benefits, they will deny the awarding. Deprival 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 actually a expert faith marriage.

ii. The 30/threescore Day Rule

The Department of State developed a 'thirty/60 twenty-four hour period 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 modify in nonimmigrant condition inside xxx or 60 days of entry in the U.s.a., preconceived intent is assumed.

This rule has, in some ways, been adopted past USCIS in the adjudication of Adjustment of Condition applications. This 'xxx/60 twenty-four hours dominion' makes it risky to employ for modify of status or marriage based adjustment of status inside sixty days of arriving in the The states and harmful inside xxx days of arriving.

People who commit visa fraud can go permanently ineligible to enter the US or receive immigration benefits. That is why information technology is important to know nigh this rule and to empathize how it works before you become married and use for adjustment of condition.

DID You KNOW?
If a person violates nonimmigrant status or files for a change of condition or aligning of condition:

ane. Inside xxx days of entry, the person is presumed to accept misrepresented his/her intentions at the visa interview.

2. Betwixt xxx and sixty days of entry, there is no presumption of misrepresentation, but the brunt is on the bidder to prove that there was no misrepresentation.

3. Subsequently lx days, in that location is no presumption of misrepresentation (arguably, the burden would shift to the government to prove there was any misrepresentation if it is alleged).

three. Timing of The Wedding

The timing of your hymeneals may raise red flags for USCIS when examining your instance.

If you are married too soon after entry and subsequently utilise for Aligning of Status, information technology may be assumed that you entered the US with preconceived intent, despite filing the Aligning of Condition application later on sixty days.

If you are entering the U.S. with the intention of getting married and then returning to your abode country, the timing of your nuptials 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 existent, so y'all and your spouse must both be prepared for any eventuality.

If you came to the U.South. as a company and your aligning of status is denied, USCIS may refer you to Immigration & Customs Enforcement to brainstorm the process of removal, or 'deport' from the country. Information technology is important to remember that if you entered the country equally a Visa Waiver applicant, you may not accept the correct to contend your case in front of an immigration judge.

DID Yous KNOW?

i. The reasons for denial of adjustment of status are non limited to lack of bear witness that the spousal relationship is bona fide, or y'all did non enter with a preconceived intent to ally and remain in the U.South. Reasons for denial may include a person'due south health, criminal history, or previous sanctions.

2. If the immigration officer does non find that you lot entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country.

5. Y'all Cannot Leave The U.s.a. Immediately Later on Marriage

After yous accept married and filed for adjustment of status you volition not be able to leave the U.S. until you apply for and receive Accelerate Parole or Green Card.

If you leave the country before receiving one of these two documents, you may non exist allowed to re-enter the US and your adjustment of status application can be deemed 'abased' and denied. Yous and your spouse would have to outset the immigration process from scratch and your spouse may take to await exterior the U.S. to consular process.

Of import
If your aligning of status application is pending, and did not utilize for and obtain the Advance Parole before leaving the U.Southward., the U.S. Citizenship and Immigration Services (USCIS) considers you to take abandoned your aligning of condition application, and may not permit you to re-enter the U.S.

6. Border Protection Officers Are Watching You

When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will enquire you lot the purpose of your travel to the United states. Y'all should e'er be honest and reply all the questions truthfully.

If you land your intent as, "to see the Grand Coulee" and a search of your luggage reveals a wedding wearing apparel, be prepared for the inevitable grilling, i.eastward. secondary inspection and possibly an immediate return to your dwelling house country on the side by side flight.

IMPORTANT
If the border official believes that you lot are not coming to the US equally a company and you cannot evidence your intent to get out before your visa expires, you'll find yourself on the adjacent plane domicile.

7. Enter on A Tourist Visa, Get Married And Render Home

Many foreign nationals want to know if they can come up to the US on a tourist visa to get married, simply 'with the intention of going back to the home country after the marriage'.

Null in the regulations say that you can't get married on a tourist visa or on visa waiver. You are certainly allowed to get married and go back habitation before your status expires, but you must be ready to nowadays strong and solid evidence to prove to the CBP officer that you intend to return your home country afterward the wedding. You lot should come up armed with things like lease agreements, messages from employers, a render ticket and/or evidence that your US Citizen spouse really intends to render with you lot to your habitation country.

REMEMBER
The more evidence that y'all can show that proves your intention to return home subsequently the wedding, the greater your chances of getting through at the port-of-entry.

8. No Alibi For Visa Fraud

If you think information technology's easy to fool the U.Southward. immigration officers – recollect again!

If y'all 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 habitation country. Worse yet, you may receive a lifetime ban from reentering the US, a ban that may exist extremely hard to overcome.

Of import
The USCIS has very strict rules for those people who come up to the Unites States on tourist visa with the sole intention of getting married and trying to stay. Non everyone who get married on a tourist visa while in the US is eligible to utilize for adjustment of status.

Getting Married To US Citizen On Tourist Visa

My Case Scenario
Joseph Drumbell

Joseph Drumbell came to the United States on Visa Waiver as a tourist to attend his best friend'southward wedding and for some sight-seeing. He was an Australian national. This was Joseph'south kickoff visit to the U.s.a.. While in the Usa, Joseph met a girl and they barbarous in love. Maria was a US citizen. A few weeks after coming together each other, they got married – pretty fast! They were quite happy and wanted to settle downwardly in the Us, but in that location was something that made Joseph restless…

Many of his friends told him that getting married on a tourist visa was dangerous [or even illegal] and that United states of america immigration officials would deport him dorsum to Commonwealth of australia. Joseph asked several people simply, much to his surprise, he received many different answers. He was at present left with only one troubling question: 'Tin can one get married in the U.S. while on a tourist visa?'

Joseph had no preconceived intention of getting married while he was in the US on a tourist visa, and the matrimony was entered in good religion. Joseph consulted an immigration attorney and filed for adjustment of status successfully.

Conclusion

You should consider all the pros and cons of getting married on tourist visa. It is wise to appraise all possible options, including a fiancé visa, to avoid any complexities when you arrive in the U.S.

If you are considering getting married on a tourist visa to U.S. Citizen, contact VisaPro Law Firm today for aComplimentary Green Carte Consultation. We'll review your specific situation and develop the best strategy based on our attorneys' virtually 100% success rates.

Brand your union a beautiful moment of your life!

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