How to Get Married on a Tourist Visa

A tourist visa or visitor visa is for temporary visits only. It is not intended for use by people who intend to immigrate to the United States. It is okay if you plan to get married on a tourist visa in the U.S. and then go home to your own country. But to enter the U.S. on the visa with the intent to get married and stay there permanently by getting a green card is committing visa fraud. So when you apply for and enter on a tourist visa, make sure it's for vacation only.

Things You'll Need

• I-130 form
• G-325a forms
• I-485 form
• I-864 form
• Medical exam report
• Passports
• Passport photos
• Birth certificates
• Proof of termination of previous marriages (if applicable)
• Proofs of relationship
• Proof of citizenship, naturalization or permanent residency (for petitioner)
• Cover letter
• Fees

Instructions

1. Find out whether the alien fiance(e) entered the U.S. legally or illegally. If the alien entered the U.S. legally, you can get married on the tourist visa and apply for adjustment of status to green card holder, or go back to home country before visa expires. Then you may apply for either a K1 fiancee visa or an immigrant or non-immigrant spouse visa.

2. Hire an immigration lawyer. A qualified immigration attorney can help you strengthen your case when applying for a green card. Get expert advice on the alien's visa options, help with forms and tips for the interview later on. Ask the lawyer the best way to get a green card for the alien fiancee.

3. Obtain the necessary permissions to marry from both of your countries. The alien fiance must secure this permission from his embassy in the U.S. You may have to get a documentary proof of no marriage from a government statistics office in the alien fiance's country. The U.S. citizen or resident must also prove her legal capacity to marry.

4. Prepare the I-130 Petition for Alien Relative. Include G-325a biographical forms for both persons, a birth certificate or passport copy of both persons, the marriage certificate, a divorce decree or death certificate of previous spouse(s), passport-style photos of both persons, and payment to the USCIS.

5. Mail the entire package to the U.S. Citizenship & Immigraiton Services. Check with USCIS for the correct and current address. The mailing address is also listed on the application form.

6. Wait for a notice that states the alien will be allowed to stay in the country for as long as his case is pending. Follow instructions; for example, the alien may be required to take a medical examination with an approved hospital and biometrics while waiting for the interview.

7. Attend the interview and get your green card. Prove your relationship is genuine through your evidence and your knowledge of each other. Answer questions as would any ordinary married couple. After the interviewer is convinced that you married in good faith, the alien spouse will be granted lawful permanent residence or green card.

Tips & Warnings

• Get a lawyer's help if the alien entered the U.S. illegally.

• Get a lawyer's help if the alien is on an expired visa, especially if it's 6 months or more.

• Refer to the "Resources" for comprehensive visa guides.

• A lawful permanent resident (green card holder) can also petition for a spouse he or she marries in the U.S., just as a US citizen can. But the alien spouse is considered "Second Preference" relative and must wait for a visa number to be available. Consult an attorney.

• To the best of my knowledge, there is no law that says a U.S. citizen cannot marry an overstaying tourist. However the overstaying alien's real motive for getting married may be questioned.

• If the alien overstays for 6 months or more without permission and then leaves, he or she could be barred from returning for 3-10 years. Consult with your lawyer to find out if it's risky for the alien to go back to home country.

References

• USCIS: Form I-485, Application to Register Permanent Residence or Adjust Status