Legal Question in Immigration Law in District of Columbia
Getting Married on a Tourist Visa
What are the legal implications of marrying a foreigner who comes here on a tourist visa versus on a fiancee visa? I have heard, from a seeminly reliable source, that it is better for the citizen (me in this case) to NOT mess with a fiancee visa.
2 Answers from Attorneys
Re: Getting Married on a Tourist Visa
You may find out more about filing for an adjustment of status after entering the U.S. on a tourist visa here:
http://msclaw.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=3&cntnt01returnid=71
Re: Getting Married on a Tourist Visa
As long as the betrothed one enters the U.S. legally (with proper inspection), and the marriage is genuine and not for any bogus or specious purpose (including lying on one's visa application about the purpose of the visa to visit the U.S.), the newly arrived one should be able to successfully adjust his or her status through the U.S. citizen spouse filing the I-130(petition for alien relative) and related paperwork
with the appropriate USCIS district office.
One advantage of the K-1 fiance visa is that it avoids the possibility of
the foreign spouse being accused by USCIS of misrepresenting his or her real reasons for applying for a visitor's visa, i.e., the real purpose was to come to the U.S to get married and not merely to visit.
Related Questions & Answers
-
My fiancé is in the US on an expired visa My fiancé recently shared... Asked 10/08/07, 11:34 pm in United States District of Columbia Immigration Law