How to Marry on a Visitor Waiver Visa
The legalities of marriage between a United States citizen and a non-citizen can be challenging. For visitors on visa waivers, love can blossom, but the parameters of the 90-day visitor visa require an adjustment of status for non-citizens. The waiver alone will not provide enough legal status to remain in the country.
However, non-citizens who want to marry a citizen are not shut out of the system entirely. The path to married residency is not simple or easy, but it is possible.
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Things You'll Need
- Form I-130 (Petition for Alien Relative) or Form I-129F (Petition for Alien Fiance(e))
- Marriage visa (IR1, CR1 or K3) or fiancee visa (K1)
Instructions
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Obtaining Legal Residency
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Return to the non-citizen's country of origin by the expiration date of the visa waiver. The non-citizen must have good legal standing at the onset of the application process. Staying past the waiver expiration will void all change-of-status applications. A continued presence in the United States during this process could hamper approval of the citizen's petition. Visa waivers specifically are not eligible for extension if a separate change-of-status request is pending . Only the non-citizen is required to return to the country of origin.
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File either the Petition for Alien Relative--Form I130--if already married, or the Petition for Alien Fiance(e)--Form I129F, if engaged. This must be executed by the citizen on behalf of the non-citizen. All documents must be completed accurately and filed with the United States Citizenship and Immigration Services. Each form has specific features and requirements for completion.
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File the application for the appropriate visa, whether the marriage or fiancee visa. The non-citizen completes this application when the citizen's approval petition is accepted. The filing is conducted through the United States embassy in the country of origin. Each visa has specific requirements for completion.
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Meet with U.S. immigration officials at the designated embassy in the non-citizen's country of origin to complete the visa process. U.S. immigration officials determine the place and time of the interview.The processing time and requirements depend on which visa is petitioned. The United States citizen is not required to attend the meeting at the embassy with the non-citizen, however it is recommended. A portion of the interview must be with the non-citizen alone.
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Tips & Warnings
It is highly recommended to carry out the wedding or engagement in the non-citizen's country of origin. Even though it is possible to marry while in the United States on a visa waiver, attempting to change legal status in this manner from inside the country is not possible. An immigration attorney or specialist is recommended to help navigate the legalities of the application process.
It is illegal to marry a citizen of the United States for the direct purpose of gaining legal residency status. Any non-citizen married to a United States citizen must be able to prove the marriage viable for at least two years after the actual wedding date. Severe penalties for the citizen and non-citizen are possible if an illegal motive is discovered for such a marriage. Imprisonment and heavy fines can be imposed on the citizen, while the non-citizen faces permanent expulsion from the country.
References
Resources
- Photo Credit passport image by Gudellaphoto from Fotolia.com
