Marry on a Tourist Visa?

Many couples contemplating marriage believe that a foreign national fiance (or fiancee) can simply enter the United States on a tourist visa, get married, stay in the United States, and then adjust status to become a green card holder.  This is very appealing to many couples as they do not want to wait for six months to a year for a K-1 fiancee visa or K-3 spousal visa to be approved.  They are in love, they want to be married, why shouldn’t they be allowed to quickly be together?

Unfortunately, couples who decide to forgo the K-1 fiancee visa and K-3 spousal visa often find themselves in difficult circumstances when they apply for adjustment of status to become lawful permanent residents (green card holders).  You see, a foreign national cannot make any misrepresentations to the immigration agency when he or she is applying for a visa or entering the United States.  When a foreign national applies for a tourist visa (or a student visa, or most other visas), the foreign national is seeking a visa that is temporary in nature and it is expected that the foreign national will leave the United States at the conclusion of the authorized stay.  Additionally, when applying for a visa, a foreign national must not intentionally hide the fact that he or she has a U.S. citizen spouse, fiance, or fiancee.  If a couple is asked by an immigration official whether such a relationship exists, and the couple fails to disclose it, the couple may be accused of making a misrepresentation to the immigration agency.

If a couple is found to have misrepresented their relationship to the immigration agency, the foreign national will likely need to leave the United States, and may face immigration consequences for the misrepresentation.  It is even possible that a misrepresentation to the immigration agency may result in the foreign national being barred from entering the United States.

The stakes are high.  Although it may seem like the better short term option, entering the United States to marry a U.S. citizen on a tourist visa and then adjusting status to become a lawful permanent resident is not advisable.

If you are marrying a U.S. citizen, or if you are already married to a U.S. citizen, please contact a reliable NYC immigration lawyer to assist in your immigration to the United States.