Marrying a Foreigner on a Tourist Visa
Are you thinking of marrying someone on a tourist visa? It’s important to know the rules and regulations involving the process to avoid any potential problems.
Let’s explore the different aspects of marrying a foreigner on a tourist visa together.
Spontaneous Marriage
You met someone special on your travels, and you’ve decided to get married on the spur of the moment. While this may seem romantic, it’s important to note that getting married on a tourist visa isn’t the easiest process.
If you’re married on a tourist visa, you may encounter problems when trying to adjust your status later on. If you apply for adjustment of status right after marriage and your application gets rejected, your spouse will be forced to leave the United States for around a year.
Not only that, but marrying someone on a tourist visa can also be seen as visa fraud, which is punishable by federal law.
The 90 Days Rule
Another thing to keep in mind is the 90-day rule. If your spouse gets married on a tourist visa and decides to stay in the United States for longer than 90 days, their visa will be void.
This could result in your spouse getting barred from entry into the United States in the future. It’s essential that your spouse goes back to their home country before their visa expires.
Applying for Adjustment of Status
To avoid any legal issues down the line, it’s important to apply for adjustment of status. This will give your spouse lawful permanent occupancy in the United States and eventual access to a green card.
The process can take anywhere from six months to a year, and there are specific documents and evidence required when applying.
K-1 Fianc Visa
Alternatively, you can apply for a K-1 fianc visa. A K-1 visa allows your spouse to enter the United States and stay for 90 days in order to get married.
After getting married, your spouse can apply for adjustment of status. To obtain a K-1 visa, you’ll need to file a Form I-129 with the USCIS.
You’ll also need to provide documentation proving that you and your fianc have met within the last two years and that you have a bona fide relationship.
Seeking Legal Assistance
Navigating through immigration laws can be complicated and confusing. It’s highly recommended to seek the help of an immigration attorney.
An experienced attorney can help you understand the entire process of marrying a foreigner on a tourist visa, adjusting status, and obtaining a green card.
Avoiding Visa Fraud
Providing evidence of your marriage is key to avoiding visa fraud. You’ll need to provide proof that you and your spouse have a bona fide relationship.
This could include things like joint bank account statements, photos, emails, and texts. Additionally, you’ll need to fill out forms and provide documentation about your marriage history.
Residency and Permanent Settlement
Staying in the US for Five Years
If you’re looking to live permanently in the US, you will need to obtain permanent residency. To qualify for permanent residency, you need to have stayed in the United States for at least five years.
Continuous stay is crucial when considering permanent residency. If you leave the US for an extended period of time, your continuous stay may be broken, and it could ultimately affect your ability to obtain permanent residency.
Conclusion
Marrying a foreigner on a tourist visa can be a complicated process but with the right information and guidance, it can be done. Just be sure to follow the regulations, seek expert advice, and provide clear evidence of your relationship to avoid any possible issues.
Best of luck on your journey!
In conclusion, marrying a foreigner on a tourist visa is not an easy process, and to avoid any potential legal issues, it’s important to follow the rules and regulations. Seeking legal assistance, providing clear evidence of your relationship, and applying for adjustment of status are all key steps to take in this process.
Additionally, staying in the US for at least five years is necessary to qualify for permanent residency. By following these guidelines, you can successfully marry a foreigner on a tourist visa and pave the way for a bright future together in the United States.