Published: November 7, 2024
Technically, there’s no provision in the Immigration and Nationality Act (INA) that precludes a tourist from entering into a legal marriage with a citizen in the US. However, considering the intent of an individual’s travel is of paramount importance.
Another critical thing to consider is whether the tourist intends to apply for a US green card afterwards. Here, ALG Lawyers will walk you through the essential points about getting married while on a tourist visa and the possible steps to minimize unnecessary complexities in the future.
Importance of Your Intentions
When entering the US on a tourist visa (B-1/B-2), the tourist must intend to visit temporarily, whether for business or pleasure. It’s worth noting that this visa category is authorized for limited activities and duration. Hence, a tourist cannot use it to stay permanently in the US.
Marrying on a US tourist visa is legally permissible. However, you can face legal complications if you visit the country with the preconceived intent of marrying a citizen and living permanently in the US. Using a tourist visa intentionally to enter and secure a green card can be considered a form of visa fraud under immigration law.
On the other hand, it’s an entirely different story if you’re already in the US as a tourist and have only decided to get married. In this case, you have a better chance of demonstrating that there’s no visa fraud involved. Therefore, proving you entered the country with the honest intentions designed for the visitor visa is crucial.
What You Can Expect When Marrying on a Tourist Visa
Considering the timing of your marriage is essential when applying for an adjustment of status. This is particularly crucial if you plan to remain in the US after the wedding. Remember, the USCIS adheres to the 90-day rule, which they use to verify the visa holder’s intent to enter the US.
Suppose you enter into marriage within 90 days of your arrival in the US. In this situation, the USCIS will suspect your marriage to be a fraud and falsify the original intentions designed for a tourist visa. It’s worth noting that breaking the 90-day rule doesn’t automatically disqualify you for a green card. However, you must be ready to answer USCIS’s questions.
The agency will likely scrutinize your initial intentions to gain their approval. The upside is that you can provide proof of your intent to return to your home country, such as property ownership, stable employment, or travel bookings. Otherwise, you must wait a reasonable time or a minimum of 90 days before marrying a US citizen or applying for a green card.
Consult ALG Lawyers for Legal Assistance
Given the complexities involved, consulting with the best immigration attorneys is imperative before marrying on a US tourist visa. Our team at ALG Lawyers can help you navigate the immigration process more confidently by providing sufficient evidence and preventing visa fraud allegations. We can also suggest more viable immigration pathways based on your needs and goals. Arrange a consultation now for further legal assistance.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)