Destination Wedding: Tourist Visa Requirements And Tips

Getting married on a tourist visa is a complex issue that varies depending on the country and individual circumstances. In the US, for instance, there are no laws prohibiting marriage on a tourist visa, but there are important considerations to keep in mind. Firstly, individuals must prove that they entered the US with visitor intentions and not solely for the purpose of marriage and permanent residence. Secondly, the timing of the wedding matters; if it takes place within 90 days of arrival, it may be interpreted as a misrepresentation of original intentions, leading to additional scrutiny of any Green Card application. Similar considerations apply in other countries, such as the UK, where an invitation letter for a visitor visa can smooth the visa application process.

Tourist visas and marriage in the US

Yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There are no laws prohibiting marriage on a tourist visa. However, there are important considerations to take into account.

US immigration officers do not take kindly to anyone they perceive as having committed visa fraud. Entering the US on a visitor visa with the clear intention of marrying and staying permanently in the US is considered visa fraud.

The US Citizenship and Immigration Services (USCIS) will look at the timing of your wedding. Marrying soon after entry and then applying for Adjustment of Status may be assumed as having entered the US with preconceived intent.

People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. The consequences of visa fraud can include deportation, a penalty of up to $10,000, and imprisonment of up to five years.

You are allowed to get married in the US on a tourist visa and return home before your status expires. However, you must be ready to present strong evidence to prove to Customs and Border Protection (CBP) officers that you intend to return to your home country after the wedding. This could include lease agreements, letters from employers, and a return ticket.

If you wish to stay in the US after getting married on a tourist visa, you must apply for an adjustment of status to become a lawful permanent resident (Green Card holder). This process allows you to change from a nonimmigrant status (tourist visa) to an immigrant status (Green Card holder) based on your marriage to a US citizen.

To apply for an adjustment of status, you must submit the necessary forms and supporting documents, attend a marriage interview, and undergo background checks. Your application will either be approved or denied. If approved, you will be granted lawful permanent residency in the US and receive a Green Card. If denied, you will need to depart the country or appeal the decision and explore other immigration options.

There are several challenges when getting married on a tourist visa and waiting for approval on your adjustment of status. These include the inability to be legally employed and the inability to leave the country when your Green Card application is pending, unless you obtain an advance parole travel document.

If you are considering marriage to a US citizen and have not yet applied for a visa, it is recommended to apply for a fiancé visa (K-1 visa). Although it takes longer than a tourist visa, a K-1 visa will give you peace of mind as you will not have to worry about being suspected of visa fraud.

Adjustment of status

To apply for an adjustment of status, you must meet certain eligibility criteria. Firstly, you must be located in the United States when you apply, and secondly, you must have entered the country lawfully. This means that you entered with proper travel documents and a valid visa, and that a Customs and Border Patrol (CBP) immigration officer recognised your entry.

If you are eligible, there are several steps to the adjustment of status process. Firstly, you or someone else must file an immigrant petition on your behalf. This is usually completed by a sponsor or petitioner, although in some cases, you may file for yourself. The forms required depend on the specifics of your case, but common forms include Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.

After filing the necessary forms, you will need to attend a biometrics services appointment at a local Application Support Center (ASC) for the collection of your fingerprints, photograph, and signature. USCIS officials will then review your case to determine whether an interview is necessary. If an interview is required, you will be asked to appear at a USCIS office to answer questions under oath or affirmation regarding your application.

If your application is approved, you will generally receive an approval notice first, followed by your Permanent Resident Card (Green Card) at a later date. If your application is denied, you will be informed of the reason for the denial, and whether you may appeal the decision.

It is important to note that applying for an adjustment of status can be more complex for individuals on a tourist visa who have recently married a US citizen or permanent resident. In such cases, it is crucial to demonstrate that you entered the US with honest visitor intentions and did not have a preconceived intent to marry and stay permanently in the country. This is because entering the US on a tourist visa with the clear intention of marrying and applying for permanent residence is deemed visa fraud by US immigration authorities.

Visa fraud

While it is possible to get married in the US while on a tourist visa, doing so with the intention of staying permanently in the country is considered visa fraud.

US Citizenship and Immigration Services (USCIS) deems entering the US on a visitor visa with the sole intention of getting married and then filing for an adjustment of status as visa fraud. US immigration officers do not take kindly to anyone they perceive has committed visa fraud.

Proving Intent

If you are entering the US 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. However, if you intend to stay in the US permanently, you will have to prove that you entered the US with no preconceived intent to marry and file for an adjustment of status. This can be difficult, but not impossible.

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 and has previously filed for an 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 makes it risky to apply for a change of status or marriage-based adjustment of status within 60 days of arriving in the US, and harmful within 30 days of arriving.

Punishments for Visa Fraud

People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. They may be deported or may pay a penalty of up to $10,000 and face imprisonment of up to five years.

Marriage interview

The marriage interview is a critical step in the process of obtaining a marriage-based visa. It is typically conducted by an adjudicating officer or an immigration official, whose primary objective is to determine the authenticity of the marriage and whether the applicant meets the visa requirements. While the specific questions may vary, here is an overview of what to expect during the marriage interview:

Spouse's Background and Basic Information:

The interviewer will ask about your spouse's full name, date and place of birth, their parents' names, and background information such as their educational background, occupation, and income. They may also inquire about your spouse's previous marriages, children from prior relationships, and their immigration status or history.

Information Regarding Your Relationship:

Be prepared to answer questions about how and when you met your spouse, the details of your first date, and the timeline of your relationship. They may ask about the circumstances of your proposal, your wedding details, and your honeymoon. The interviewer will also inquire about your shared life, including your current living situation, shared finances, and daily routines.

Information About Your Marital Household:

You may be asked detailed questions about your home, including the type of residence (house or apartment), its address, and physical attributes like the colour of the walls or appliances. They may also inquire about your rent or mortgage payments and the general layout of your home, such as the number of bedrooms or bathrooms.

Spouse's Personal Information:

The interviewer will likely delve into your spouse's personal life, including their habits, hobbies, and daily routines. They may ask about their religious practices, health status, or any tattoos or scars they may have. Be prepared to provide details such as their cell phone number, work address, and daily schedule.

Employment-Related Questions:

In addition to your spouse's employment details, be ready to answer questions about your own occupation, income, and assets. The interviewer will want to verify the information provided in your application form and may request supporting documentation.

Immigration-Related Questions:

Your previous travel history, especially to the country you are seeking the visa for, will be a topic of discussion. Be prepared to disclose any visa refusals, overstays, or criminal convictions. It is essential to be honest and provide accurate information during this part of the interview.

Preparing for the Interview:

To ensure a successful interview, it is crucial to gather and submit all the required documentation beforehand. This includes valid passports, marriage certificates, proof of shared finances, photographs, and other supporting materials that help establish the authenticity of your relationship. Familiarise yourself with the information provided in your application, as the interviewer may ask clarifying questions. Remember, honesty is essential during the marriage interview. If you don't know the answer to a question, it is better to say so than to provide false information.

After the Interview:

If the adjudicating officer is satisfied that you meet the visa requirements, you will typically be informed during the interview. Your passport will be stamped and returned to the address provided. However, if your application is denied, you may need to explore other immigration options or appeal the decision.

Consular processing

Step 1: Determine Your Basis to Immigrate

First, you must determine which specific immigrant category you fit into. Most immigrants immigrate through a petition filed on their behalf by a family member or employer. Alternatively, you can become a permanent resident by obtaining refugee or asylum status, or through other special provisions.

Step 2: File the Immigrant Petition

Once you know which immigration category best fits your situation, you may file the immigration petition or have one filed on your behalf. Family-based immigration usually refers to immediate relatives of US citizens and other close family members of US citizens and permanent residents. Employment-based immigration petitions are usually filed by an employer on behalf of their employee.

Step 3: Wait for a Decision on Your Petition

The USCIS will consider your petition and notify the petitioner of their decision. If the petition is approved and you are living outside the US, the USCIS will send the approved petition to the Department of State's National Visa Center (NVC). It will remain there until an immigrant visa number is available. The wait time for a visa number varies based on your home country and the type of visa you are applying for.

Step 4: Wait for Notification from the National Visa Center

The NVC will notify the petitioner and beneficiary when the visa petition is received and again when a visa number is about to become available. They will also notify you when you must submit visa processing fees and supporting documentation.

Step 5: Go to Your Appointment

Once a visa is available, the consular office will schedule an interview with the applicant. The designated consulate is usually in the beneficiary's last place of residence abroad, not their country of nationality. The consular office will complete the processing of the applicant's case and decide if the beneficiary is eligible for an immigrant visa.

Step 6: Notify the National Visa Center of Any Changes

You do not need to contact the NVC about your petition; they will contact you if they need any information. However, you should notify the NVC if there is a change in your personal situation or address, or if you reach the age of 21 or change your marital status, as this may affect your eligibility or visa availability.

Step 7: After Your Visa is Granted

If you are granted an immigrant visa, the consular office will give you a packet of information known as a "Visa Packet". Do not open this packet. Upon arrival in the US, you should give your Visa Packet to the Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will inspect you and determine whether to admit you into the US as a lawful permanent resident. If you are admitted, you will have the authority to live and work in the US permanently, and the USCIS will mail you your Green Card within three months.

Frequently asked questions