Us Visa Through Marriage: A Possible Dream?

Getting married is a common reason for people to travel to the US, and it is possible to do so on a tourist visa. However, it is important to note that if the sole intention of the trip is to get married and stay permanently in the US, it could be deemed as visa fraud by US immigration officers. If a visitor wishes to get married and apply for permanent residence, a fiancé visa (K-1) is the safest option. This visa allows the individual to come to the US to get married and then apply for a Green Card.

Getting married on a tourist visa

Yes, it is possible to 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 US regulations that states individuals who are in the US as visitors cannot get married. However, it is deemed to be visa fraud if the sole intention of entering the US on a visitor visa is to get married and then file for an adjustment of status.

While it is possible to get married on a tourist visa, there are several important things to consider:

• The marriage must be in good faith: The marriage must be entered in good faith and not solely for the purpose of gaining immigration benefits. If the U.S. Citizen and Immigration Services (USCIS) determines that the marriage is fraudulent, the application will be denied, and deportation proceedings may be initiated.
• The 30/60-day rule: The Department of State developed the '30/60-day rule' to help consular officers identify visa fraud. If an individual applies for a visa and has previously filed for an adjustment of status or a change in nonimmigrant status within 30 or 60 days of entry into the US, preconceived intent is assumed. This rule makes it risky to apply for an adjustment of status or change of status within 60 days of arriving in the US, and harmful within 30 days.
• Timing of the wedding: The timing of the wedding in relation to the entry into the US can raise red flags for USCIS. If the wedding takes place too soon after entry, it may be assumed that the individual entered the US with preconceived intent, even if the adjustment of status application is filed after 60 days.
• Consequences of denial: If the adjustment of status is denied, USCIS may refer the case to Immigration and Customs Enforcement, leading to removal or deportation. If the individual entered the US as a Visa Waiver applicant, they may not have the right to argue their case in front of an immigration judge.
• Travel restrictions after marriage: After getting married and filing for an adjustment of status, the individual cannot leave the US until they receive Advance Parole or a Green Card. If they leave the country before receiving these documents, their adjustment of status application may be deemed abandoned and denied.
• Border protection officers: Customs and Border Protection (CBP) inspection officers will ask about the purpose of travel to the US upon arrival. Individuals must be honest and answer all questions truthfully. If the border official believes that the individual is not a visitor and cannot prove their intent to leave before their visa expires, they may be denied entry.
• Proving intent to return home: Foreign nationals can get married on a tourist visa and then return home. However, they must be able to prove their intent to return to their home country after the wedding. This can be done by presenting documents such as lease agreements, letters from employers, and a return ticket.
• Consequences of visa fraud: Visa fraud can result in serious consequences, including deportation, penalties of up to $10,000, and imprisonment of up to five years. It is crucial to be honest about intentions when applying for a tourist visa to avoid being accused of visa fraud.

Applying for a US visa after marrying a US citizen

Firstly, congratulations! Secondly, it's important to note that marrying a US citizen does not automatically change your immigration status. If you intend to stay in the US and apply for immigration benefits, you will need to pursue the appropriate process.

The Fiancé Visa

The safest way to enter the US to marry a US citizen is by obtaining a fiancé visa (K-1). This visa allows the individual from a foreign country to come to the US to get married and then apply for a green card. It takes longer than a visitor visa, but it will make your entry and life after the marriage easier.

The Visitor Visa

It is possible to get married in the US while on a visitor visa (B-1/B-2) or on a visa waiver program. However, if you enter the US on a visitor visa with the clear intention of marrying and staying permanently, this is deemed visa fraud by US immigration officers. If you decide to get married during your visit, you may be allowed to apply for a green card under an adjustment of status, but you will generally have to prove that you came to the US with honest visitor intentions and the decision to stay permanently and/or get married was made after you entered the country.

The Marriage-Based Green Card

To come and live in the US permanently, you will need to apply for a marriage-based green card. This allows the spouse of a US citizen or green card holder to live and work anywhere in the US. To receive a green card, you must be sponsored by your spouse or an employer. There are no wait times or caps associated with marriage-based green cards, so you can apply for one immediately when you marry your US citizen spouse.

To apply for a marriage-based green card, you will need to file two forms: Form I-130 ("Petition for Alien Relative") and Form I-485 ("Application for Adjustment of Status"). You will also need to attend a biometrics appointment to have your fingerprints taken and a marriage green card interview.

Consular Processing

If you decide to get married outside the US, you will have to go through consular processing. This involves filing Form I-130 and then Form DS-260 ("Immigrant Visa Electronic Application"), as well as attending a medical exam and an interview at a US Embassy or consulate. Although this process can be lengthy, it does lead to a green card as soon as you arrive in the US.

Avoiding Marriage and Visa Fraud

US authorities only recognize civil marriages for immigration purposes, and marriages must be bona fide, i.e., formed from a genuine relationship. Same-sex marriages are recognized but must be documented by a marriage certificate from a country where they are legal. Marriage fraud or the intent to fraudulently immigrate to the US through marriage is taken very seriously and can result in a lifetime ban from re-entering the country.

Applying for a US visa after marrying a US permanent resident

Marrying a US permanent resident does not automatically result in a US visa. However, it is possible to apply for a US visa after marrying a US permanent resident. Here is a step-by-step guide on how to do this:

Step 1: Get Married

Firstly, you must get married. This can be done either in the US or abroad. If you choose to get married in the US, your partner must be in the country on a valid visa, such as a work or visitor visa. There is nothing in the regulations that prevents individuals from marrying on a tourist visa. However, if the sole intention of entering the US is to marry and stay permanently, it may be deemed visa fraud by US immigration officers. Therefore, it is important to ensure that your partner has no preconceived intention of getting married when entering the US.

Step 2: Register Your Marriage

Once married, you must register your marriage with the state or county officials where the wedding took place. This step is necessary to legally recognize your marriage.

Step 3: File Form I-130

Next, you will need to file Form I-130: Petition for Alien Relative. This form is used to start the process of obtaining a green card for your noncitizen spouse. During this process, you will be the sponsor or petitioner, and your spouse will be the beneficiary.

Step 4: Maintain Valid Visa Status

If your spouse is in the US, they must maintain a valid visa status while waiting for their lawful permanent resident status. This means having a valid work or visitor visa until a visa number becomes available.

Step 5: File Form I-485

Once a visa number is available, your spouse can apply to adjust their status to permanent residency by filing Form I-485: Application for Adjustment of Status. This form is filed concurrently with Form I-130 if you are a US citizen, but if you are a permanent resident, your spouse must wait for a visa number to become available before filing this form.

It is important to note that the entire immigration process can take up to 2.5 years, and your spouse must maintain a valid visa status throughout this time. Additionally, USCIS has a 90-day rule, which states that if your spouse applies for a green card within 90 days of entering the US, their application may be denied, and their current nonimmigrant visa may be revoked.

Step 6: Submit Required Documentation

Along with the forms mentioned above, your spouse will need to submit various documents as part of the green card application process. These documents include:

• A copy of your civil marriage certificate
• Copies of divorce decrees, death certificates, or annulment decrees for any previous marriages
• Passport-style photos of both spouses
• Evidence of any legal name changes
• Proof of your US citizenship or permanent resident status

Step 7: Apply for Work and Travel Permits (Optional)

If your spouse is seeking employment or wishes to travel outside the US during the application process, they will need to file for a work permit or travel permit.

By following these steps, you can apply for a US visa after marrying a US permanent resident. It is important to ensure that all forms are filled out correctly and that your spouse maintains valid visa status throughout the process. The process can be complex, and seeking the advice of an immigration attorney may be beneficial.

Visa fraud

Marriage fraud is a serious issue for U.S. immigration authorities, who believe that a large number of marriage-based immigration applications are fraudulent. Marriage fraud occurs when a foreign national marries a U.S. citizen or permanent resident for the primary purpose of obtaining a Green Card (U.S. lawful permanent residence). This is illegal and, if discovered, can result in severe consequences for both parties.

Firstly, it is important to note that there is nothing in U.S. regulations that prohibits individuals from marrying on a tourist visa or visa waiver. However, entering the U.S. on a visitor visa with the clear intention of marrying and staying permanently is deemed visa fraud. U.S. immigration authorities will carefully scrutinise applications where they suspect fraud, looking for "red flags" that indicate a scam. For example, they may consider the timing of the wedding, the couple's ability to communicate, their ages, religions, social class, cultural background, educational background, living situation, and whether they have told friends and family about their marriage.

If U.S. Citizenship and Immigration Services (USCIS) determines that a marriage is fraudulent, the immigrant will likely face deportation and their visa will be revoked, destroying their future eligibility for a U.S. visa or Green Card. They may also face criminal penalties, including imprisonment of up to five years or a fine of up to $250,000. The U.S. citizen or permanent resident spouse may also face substantial fines and jail time if convicted of marriage fraud.

To avoid being accused of marriage fraud, couples should be prepared to prove that their marriage is bona fide, meaning they are sharing, or making arrangements to share, a life together. This can include providing documents such as joint bank statements, leases, mortgages, and children's birth certificates. It is also important to be aware of the '30/60 day rule', which assumes preconceived intent if an individual applies for a visa at a consulate and has previously filed for Adjustment of Status within 30 or 60 days of entering the U.S.

Adjustment of status

To be eligible for an adjustment of status, an individual must have been inspected and admitted or paroled into the US, must be eligible to receive an immigrant visa, and must not be inadmissible to the US.

The steps for adjustment of status are as follows:

• Determine if you are eligible to apply for a Green Card. US immigration laws provide a variety of ways for people to apply, and eligibility requirements may vary depending on the immigrant category.
• Have someone file an immigrant petition for you, if applicable. Most people will need to complete at least two forms, an immigrant petition and a Green Card application.
• Check visa availability, if applicable. In general, you may not file your Green Card application until a visa is available in your category.
• File your Green Card application. If you are in the US and eligible for adjustment of status, you may file a Form I-485.
• Go to your Application Support Center appointment. After filing your application, you will be mailed a notice for your biometrics services appointment, where they will take your fingerprints, photograph, and/or signature.
• Go to your interview, if applicable. USCIS officials will review your case to determine whether an interview is necessary.
• Respond to a request for additional evidence, if applicable. USCIS may send a request for additional evidence if: you did not submit all the required evidence; the evidence you submitted is no longer valid; or the officer needs more information to determine your eligibility.
• Check your case status. You may check your case status online or by calling the USCIS Contact Center.
• Receive a decision. USCIS will send you a written decision notice once they have made a decision on your application.

It is important to note that if you change your address during the adjustment of status process, you must inform USCIS within 10 days of moving.

Additionally, if you leave the US while your application is pending, USCIS will consider that you have abandoned your application and it may be denied. There are some exceptions, such as if you have received permission to travel from USCIS or if there is an emergency situation that requires you to travel.

Frequently asked questions