From breathtaking scenery to unique experiences, the tourist visa offers a lot. But what happens when the heart decides to stay in the United States? If you ever wondered: can I get married in the U.S. on a tourist visa, here is the answer.
From the answer to this big question and the eligibility requirements to the process to carry it out and some aspects to take into account, Jaskot Law provides you with all the necessary information. Keep on reading!
Table of Contents
Understanding the tourist visa
The U.S. tourist visa is a document that allows foreigners to visit the country temporarily for recreational or tourist purposes. There are two main types, which are as follows:
- B-1 Visa: intended for temporary business activities, such as conferences, business meetings or training.
- B-2 Visa: designed for non-commercial purposes, including tourism, family visits, and medical treatment.
Can I get married in the United States on a tourist visa?
Getting into the answer to the big question of whether it is possible to get married in the United States on a tourist visa, the answer is yes, it is possible. However, as in any immigration process, it is not a simple or quick process.
As expected, it is not enough to maintain an extended relationship in order to obtain permanent residency through marriage. In fact, there are a number of requirements and an extensive process to reach this goal, which Jaskot Law will present below.
Requirements to get married in the U.S. as a foreign national
Regardless of your immigration status or how you entered the country, anyone must meet the following requirements to get married in the United States as a foreign national:
- Be 18 years of age or older.
- Have a petition from a citizen or lawful permanent resident on Form I-129F (Petition for Alien Fiancé(e)).
- Obtain a K-1 visa (fiancé(e) visa).
- Demonstrate that the marriage is legitimate and is not being used as a means to obtain immigration benefits.
- Get married within 90 days of admission to the United States.
Requirements to get married in the U.S. on a tourist visa
To marry in the United States on a tourist visa, it is essential to meet certain eligibility criteria. From marital status to minimum age, these are the requirements:
| Marital status Before getting married in the United States, it is crucial to make sure you have no legal impediments. You must be single, divorced, or widowed to marry. |
| Valid tourist visa At the time of your marriage, your tourist visa must be valid and without violations of the terms of stay in the country. |
| Personal identification When applying for a marriage license, present valid identification such as your passport. Make sure you have copies before starting the process. |
| Marriage license You will need a license issued by the state where you are getting married. Requirements vary, so be informed and comply with state specifications. |
| Waiting period Some states have a waiting period after getting the license. Find out if it applies in your state and plan accordingly. |
| Consent and minimum age Comply with state minimum age and consent laws. In general, minors need the consent of parents or legal guardians. |
Making sure you meet these requirements is essential not only to have a successful marriage on a tourist visa, but also to avoid future problems. Research the specifics of your state and feel free to contact Jaskot Law in case you have any further questions.
If I can get married in the U.S. on a tourist visa, what is the process?
After fulfilling the prerequisites to getting married in the United States on a tourist visa, it is crucial to follow the correct steps. In general, the marriage process involves the following stages:
Stage 1 – Obtaining the marriage license:
Go to the civil registry office of the state where you plan to get married and apply for a marriage license. Be sure to bring all necessary documents, such as passport and proof of marital status.
Stage 2 – Compliance with state requirements:
Follow the state’s instructions and requirements for completing the marriage license application. This may include providing personal information, paying fees, and complying with any established waiting period.
Stage 3 – Planning the ceremony:
With the license in hand, start planning the marriage ceremony. You can opt for a religious or civil ceremony, and hire an officiant or judge to conduct the event.
Stage 4 – Registration of the marriage:
After the ceremony, be sure to register the marriage with the appropriate state. This step is crucial to ensure that your union is legally recognized in the United States.
Benefits of marriage on a tourist visa in the U.S.
Marriage in the United States on a tourist visa carries several benefits. From the constant availability of visas to the quick possibility of obtaining citizenship, these are some of the advantages offered by this union:
- Continuous availability of visas: Unlike marriages to permanent residents which have annual visa limits, marriages to U.S. citizens always have a number of visas available.
- Immediate adjustment of status: After entering the U.S. legally, you will have the possibility to apply for immediate adjustment of status, which expedites the process of obtaining permanent residency.
- Conditional residency for two years: During the first two years, you will receive conditional residency. Passing the test will allow the USCIS to grant permanent residency.
- Fast track to citizenship: Marrying a U.S. citizen opens the path to becoming a citizen faster compared to other immigration processes.
- Immediate work permit: An additional benefit is the ability to obtain an immediate work permit immediately, which facilitates active participation in the labor force.
It is important to consider each benefit when making a decision and ask yourself, “can I get married in the U.S. on a tourist visa?” Do not hesitate to contact the team of Jaskot Law if you need more information.
General considerations on tourist visa marriages
In processes such as these, immigration authorities such as the USCIS keep a strict control over the real intentions of the couple to avoid possible fraudulent operations and misuse of these immigration resources. Some important considerations are as follows:
| Approval or rejection of the application Just as the authorities can approve your application, they can also reject it for different factors such as criminal records, previous immigration sanctions, or the applicant’s mental or physical health status. In this case, it is possible to file an appeal order. |
| Mobility restrictions It is important to mention that it is necessary to remain for at least two years in the United States after the marriage in order to be able to carry out the adjustment of status. If this period is not met, you will not be able to return to the country unless you obtain a re-entry permit. |
| Motives and intentions As mentioned above, immigration authorities have experience in detecting cases in which the marriage is only a means to obtain legal status in the country and that in reality there is no sentimental bond between the persons concerned. If you intend to come to the U.S. just to get married, you may want to explore the K-1 Fiancé(e)s Visa. |
Conclusion
In conclusion, the answer to the question “can I get married in the United States on a tourist visa” is yes, this possibility is a tangible reality. By understanding the legal basics and following the right steps, you can take the next step into a new stage of your life.
Analyze all the information presented and consider both the benefits and some implications of embarking on this process. Remember that the team of specialized lawyers of Jaskot Law can accompany you so that you can take each step with confidence.
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Frequently Asked Questions
What happens if I overstay my tourist visa?
If you overstay your tourist visa, it may be revoked, and you could face deportation proceedings to your home country. In addition, there will be a record of overstay in your entry data, which could cause complications in future entries into the country.
What documents are required to obtain a marriage license?
Documents vary by state, but generally, you will need to present your passport, birth certificate, and in some cases, proof of prior marital status, such as divorce certificates.
What if I enter the country on a tourist visa and plan to stay and live there?
If you enter on a tourist visa and decide to stay and live in the United States, you should apply for an extension of your stay to avoid future complications, such as overstay or deportation. In this regard, you may request an extension for up to six more months.
Kemel stands out as a professional in writing and translating content for the Latin American market. With more than four years of experience, he began his professional career as a member of a research group, with which they dealt with various topics and wrote several scientific papers.
