Legal Question in Immigration Law in Kansas

Marriage to a U.S citizen without a fiance visa.

I want to come to america and marry my fiance, What is the out come of us getting married without a fiance visa, Im from the Uk, will i have to go back to the united kingdom or will i be able to stay in the U.S with my fiance. She lives in Kansas and i will travel over on a none visa two week holiday.


Asked on 11/26/01, 10:34 am

2 Answers from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Marriage to a U.S citizen without a fiance visa.

You can come to the US under the visa pilot waiver program without a visa. Afterwards, you can decide to marry here and adjust your status. If you decide to marry prior to your entry, your adjustment of status application can be denied as a matter of discretion for preconcieved intent to immigrate or for entry fraud. I strongly suggest that you arrange for a consultation with a local immigration lawyer before doing anything.

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Answered on 11/26/01, 8:41 pm
Gabriel Jack Muston & Jack P.C.

Re: Marriage to a U.S citizen without a fiance visa.

If your fiance is a U.S. Citizen and you happen to get married while you are here in the U.S., you can apply for Adjustment of Status. However, technically you are not supposed to come here with the intent to marry your fiance. If you are coming here as a tourist, your intent must be to vacation not to get married. Therefore, if you come here and get married shortly after you arrive, the INS will suspect that you defrauded customs when you indicated that you were coming here as a visitor. There are other issues to consider as well. Please e-mail or call me directly.

Gabriel D. Jack

408-293-2026

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Answered on 11/26/01, 12:20 pm


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