Marriage on B-2 Visitor or other Non-Immigrant Visa

Can a Traveler on Non-immigrant Visa Marry while in USA?

A foreigner who is already in the U.S. is welcome to marry a U.S. citizen or other person while here. Marriage procedures are set by the state and local governments, and not involved with immigration which is a Federal issue.

For example two Canadians fly to Las Vegas, get married, return to Canada. Immigration is not involved. And the marriage is valid worldwide.

I personally did about the same thing. I was living in Hong Kong and engaged to Joyce. I had been an expat (American living outside the USA) for about 15 years by then. My friends and family were scattered all over the world. We decided to get married in Las Vegas, cause flights, food, and rooms in Las Vegas were bargain priced especially 20 years ago, and it would be easy for my family and friends to meet us there for our celebration. Joyce already had a B-2 visitor visa, so we just flew in from Hong Kong, met our friends and family, got licenced, married, met Elvis, had a short honeymoon then returned to Hong Kong. Immigration was not involved at that time. About 7 years later, when our first child was ready for kindergarten, we then finally applied for a spouse visa for Joyce. She was interviewed and got her visa in Hong Kong, then we all moved back to the USA.

Flying in, getting married, flying out. Is not a problem. Immigration is not involved.

What is more complicated, but possible, is the case when the foreign born spouse wants to remain in the USA without leaving. Who wants to remain permanently in the USA and obtain a green card.

We already know about the fiance visa. The k1 visa anticipates that the foreign born fiance, will marry during her 90 day temporary visit, and then apply for green card and permanent residence without leaving the USA. That is its normal and expected process.

But foreigners who arrive on visa waiver programs, or on work, study or visitor visas are expected to leave after a set period of time. Usually the maximum allowed time of stay is stamped onto their passports when they land.

What can be done in these cases? Must they return overseas and apply for a spouse visa?

In some cases, without leaving it is possible to obtain a green card. In some other cases it’s not so likely, and probable that the new spouse will be required to leave and must obtain a spouse visa before returning.

Two issues apply. 1. Intent to remain 2. Restrictions on the visa

Intent to remain

For example a Japanese tourist travels to USA for holiday, is walking on the beach meets a handsome American LifeGuard, ( falls in love, and after a few weeks marries.)

There wasn’t any advance contact between the couple, the traveler was not planning or intending to use her tourist visa to remain the USA. Immigration will probably believe that this case is legitimate, that there was no actual intent to misuse the visa. They will probably grant the foreign born spouse, permission to remain permanently in the USA and there won’t be any need to leave the USA first and apply from overseas for a spouse visa.,

The outcome may not be so happy for a couple who was corresponding for a year, the foreign girlfriend arrived on a tourist visa, and married after a week. Immigration may be unlikely to accept that this all occurred spontaneously without pre-planning and without prior intent for the foreigner to remain past the expiry date of her visa. The application for Green Card would probably be denied and the foreign spouse required to return overseas.

Specific Restrictions

Some visas, regardless of intent, won’t permit the foreigner to remain to obtain the green card, such as some J student visas that require the student, to return to home country for 2 years, without fail.

Conclusion: Marriage in the USA is not a concern by immigration. Foreign travelers who marry an American while traveling on a temporary visa, providing they had no prior intent to remain in the USA, and whose visas don’t have restrictions, may be able to successfully apply for permanent residency without need to leave the USA at the end of the original allotted time on their temporary visas.

By Fred Wahl
the VisaCoach

Denied Entry at US border

Denied entry at US border

Madeleine lives in Canada about 100 miles north of the US border. Joshua her American fiance lives in Buffalo. Because they both live so close to the border they have been able to spend many weekends together. Either she goes down to meet him or he drives up to meet her

Their happy courtship continued this way until one time when Madeleine was stopped at the border and asked by the Customs and Border Patrol (CBP) officer what was the purpose of her trip ? This was after he had checked her computerize record of border crossings and he had noticed she had been making many frequent trips. She told him she has a boyfriend in Buffalo and they were just spending some time together. He said OK go on through. A few weeks later she was at The same border checkpoint embarking on another visit to her fiance, a different officer said You’ve been visiting the US so much its almost like you are living here. That is not the purpose of the visitor waiver you have been using. If you are serious about your relationship and possibly living permanently the USA you will have to apply for a fiancee visa or get married and apply for a spouse visa. Sorry but you cannot enter the USA today . Maybe in a few months later this will change but for now, please turn around go back.

The next day Madeleine and Joshua called for their free phone consultation. And the day after we started working on their fiance visa. As of this recording, we got her visa, they married and honeymooned in Orlando, and her adjustment of status for her Green Card has been submitted and is in process..

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Eligibility Requirements for B2 Visitor Visa

Eligibility requirements for a B-2 Visitor Visa

To be eligible the applicant must prove to the US consular officers that the applicant is coming to the USA only for pleasure or medical treatment, has no plans to overstay, has binding ties to his/her country that reasonably guarantees a return home, and has financial means to pay for the trip.

Approval for B-2 visitor (tourist visa) is not automatic, to be eligible the applicant must prove to the US consular officers the following points and her word alone is not sufficient, she needs to present evidences that she:

is coming to the United States for pleasure or for medical treatment (not to work or to stay permanently)

plans to stay ONLY for a limited, specific period of time

has a place of residence to return to outside the United States

has binding ties to her country and community that reasonably guarantees a return home

has permission to re-enter a foreign country at the end of her stay

has the financial means to pay for the trip.

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How Denied B2 effects K1 Fiance Visa

Denied B-2 Visa: How it affects your K-1 Fiancee Visa Application

“I met this great gal online. She lives on the other side of the world. we haven’t met in-person yet. and I want to meet her face to face.” BUT…… “I am: too busy, afraid of flying, got no time, don’t like travel, don’t travel well, too expensive, It is better that she should come to me, ….”

Unfortunately there is no such thing as a “girlfriend” visa.

The closest alternatives are a B2 Visitor visa (sometimes called a tourist visa) or a K1 Fiance Visa.

But a fiancee visa requires that the couple has already met in-person, and not only that but that they are serious and want to marry. Often the guys most eager to pursue a visitor visa, aren’t quite ready to commit.

This leaves the B-2 Visitor visa.