K1 visa - Why tourist visa cannot be used to marry
Can I Get Married on a Tourist Visa to a US Citizen? - Pride Immigration Law Firm PLLC
7 Jan Hi Folks I am an Indian citizen with a B1/B2 visa holder which is valid till visitor). My wife-to-be is a US citizen by naturalization. It is also my understanding that if I visit USA as a visitor while my CR-1 visa is pending (that is, while my I is under processing), the officer at the PoE officer may need. 12 Aug You may enter the U.S. on a travel visa, marry a U.S. citizen then return home before your visa expires. Where you run into trouble is if you enter on a travel visa with the intention of marrying and staying in the U.S.. You might have heard about someone who got married in the United States while on a travel. If a couple is engaged and definitely intend getting married in the USA, then it is not possible to enter the country on a Tourist Visa or a Visa Waiver. In order to accommodate international travel for the non-U.S. citizen partner, while the case is pending, a request is made to the Immigration Service to allow that spouse to.
There are two types of visas available to foreign nationals wishing to come to the United States for tourism purposes. International travelers with visitor visas comprise a large portion of temporary visitor travel to the United States every year.
I came to Colombia to go to college for a year but i had the intention of finding a way so that my boyfriend could come to the U. Help Others Share Experiences. Tourism is kind of specific. Maria was a US citizen.
Individuals from any of the 36 countries participating in the Visa Waiver program may enter the United States for tourism or business purposes for up to 90 days without obtaining a visa. Traveling to the U.
A tourist visa is, by definition, a nonimmigrant visa. If you marry while on a tourist visa you may severely impact your chances of gaining permanent residency green card status in the U.
However, there are certain circumstances when adjustment of status based on a marriage performed in the United States while on a tourist visa may be possible. Susan is a citizen of Portugal and qualifies for a VWP visa. She is coming to the United States to visit a friend she met in college. This friend is a U.
Can My Spouse Visit the US During Visa Process?
During the visit, Susan and her friend discover they are in love and enter into a good faith marriage. Can Susan adjust her status to permanent resident and remain in the U. USCIS will consider a number of factors. While adjustment of status is generally prohibited to those married while on tourist visas, an exception exists for those who marry while on a VWP tourist visa. USCIS will look for the following:.
This rule makes it risky to apply for adjustment of status within 60 days of arriving in the U. If you are considering entering the United States in other than K-1 status in order to marry a U. There are only very specific circumstances under which a foreign national should consider marrying a United States citizen while the FN is in the US on a tourist visa.
Marriage in the U.
We are planning to get married in India during this summer and want to be together as soon as possible. Convincing the immigration officials that the marriage was not intentional and persuading them to allow a change of status is difficult, but not impossible. Denial of status adjustment does not mean that an individual may not return to their home country and apply for an immigrant visa through the U. 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.
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Top 8 things you should consider before getting married on a Tourist Visa or Visa Waiver
However, there are certain circumstances when adjustment of status based on a marriage performed in the United States while on a tourist visa may be possible, Scenario: USCIS will look for the following: Was the marriage entered into in good faith? If it is determined that your marriage was entered into only to obtain immigration benefits, your application will be denied and you will be deported back to your home country.
You may also incur additional bars from entry to the U.
Can You Do It?
What was your intent upon entering the U. As stated previously, the intent of a tourist visa is that it is temporary and you will return to your home country upon its expiration. If it is determined that you entered the U.
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