Visa Marriage

Many people have the dream of coming to the U.S., starting a new career, establishing a new life, getting married, and becoming successful. There are several steps to take before all that happens. Others enter the country on a travel visa on the thought on getting married. Will that work for them? Is it illegal?

You can usually get married on a travel visa. You may enter the U.S., get married, and return home before the visa expires. A bad situation can happen if you come into the country with a visa and plan on marrying a U.S. citizen and moving here after the wedding.

We hear a lot of stories about people from various countries coming into the U.S., getting married, moving here, and starting a new life. Why were these people allowed to stay? What happens is: They can have the U.S. citizen come to their country for a couple of weeks, plan the wedding here, get a travel visa, have the wedding in the U.S., and somehow they prove that moving here was spontaneous.  No, it does not work for everyone.

To successfully adjust status after marrying on a travel visa, the foreign spouse must show that they had originally intended to return home, and the thought of staying in the U.S. was not planned. Some couples find it difficult to honestly prove intent but others are successful.

If you're thinking of getting married in the United States while on a travel visa, here is what you should think about:

1.               Traveling again will take a while. Planning a honeymoon out of the U.S. and going to a beautiful Caribbean island can be forgotten. If you choose to stay in the country and change your status, the foreign spouse will not be able to leave the U.S. until they apply for a green card and receive it. If the foreign spouse leaves the country before securing one of these two documents, they would not be allowed to re-enter. You and your spouse would have to start the immigration process from scratch by asking for a spouse visa while the foreign spouse remains in his or her own country.

2.               Re-entering is a challenge. When the foreigner arrives, they will be asked why they are traveling. You should always be upfront and honest with border protection officials. If you just say, "To see the Statue of Liberty," and a search of your luggage shows a wedding dress, be prepared to be asked numerous amounts of intense questions. If the border official believes that you're not coming to the U.S. for just a visit and you cannot prove that you are leaving before your visa expires, you'll be on the next plane home.

3.               If you are planning to return to your home country, it is ok to get married in the U.S. The problem comes around when you do plan on staying in the U.S. You can get married and go back home before your visa expires, but you'll need very good evidence proving that you ARE planning on going back home. Come prepared with employment letters, proof of residency – such as a water bill -, and of course, a return ticket home. The more proof you have for going back the better off you will be and the easier it is to get in the U.S.

4.               Will you be ok with leaving all your personal belongings back home? If you do get in the U.S. and getting married is successful, you should be prepared to not be able to get your personal belongings back home, because you will not be able to leave the U.S. until your green card is received. One of the advantages of moving to the U.S. on a fiancé or spouse visa is that you will have time to get everything organized and ready to go while waiting for the visa. With a spontaneous wedding, on the other hand, you will not have time to do much. There's no time to say goodbye to friends and family, close bank accounts and end other obligations. You should also know that there are many documents that need to be submitted for a status change. Hopefully there will be a friend or family member back home who can get the information for you and send whatever you need to the U.S.

5.               If you choose to stay in the country after the wedding, what will happen if you are denied? No one expects to be denied a visa or a status change, but not everyone is eligible to receive one. Reasons for denial: a person's health, criminal history, previous bans or just a lack of required evidence. If you are the immigrating foreigner, will you be prepared to be denied the stay and be ready to go back home? What if you are the U.S. citizen? Are you prepared to leave your life here in the U.S. and start over? Or will circumstances like work and even children keep you from leaving the USA? If that happened would you have to divorce your new spouse and move on? These are difficult questions to answer, but the possibility of being denied is very real, so you should both be prepared.

6.               Avoid visa fraud. If you want to come into the U.S. and you have successfully said you are just visiting, but you stay, there could be consequences. If caught, you could be sent back to your home country and be banned from coming back to the U.S. Be careful and choose the right method.

On another note, if you are an American citizen and you plan on traveling to another country on a travel visa, there are many things you should know.

If you are planning on traveling next year – four months from today – and your passport expires in less than six months, you will not be allowed to enter a country on a travel visa or by using your passport. They will require that you renew your passport. It cannot expire six months or less before your travel date.

There are certain documents they will also ask for before you are ready to travel:
-Letter of invitation, bank statement, vaccinations, driver’s license, utility bill, phone bill, and etc.

Always prepare yourself to gather many things they will ask of you. It is all done for security purposes and for your own safety.

If you need a passport renewal or a travel visa give us a call! It is our duty at Express Passport to satisfy your every need of travel (New passport, Passport renewal, Child Passport, Lost/Stolen Passport, Added pages, Name change, and Travel visas).

Don’t hesitate to contact us!
888-612-9899
www.ExpressPassport.com
Email: info@expresspassport.com
Hours: Monday – Friday from 9AM to 5PM