Marrige Question... Again!

[legilber]

Hi everyone!

Just a quick question that I was hoping to get answered as the immigration lawyer back in the states that I met with wants to charge me $150 to ask another question..

My fiancee and I are looking at getting married in November of next year in the states as we're going to be visiting my family during that time. We aren't going to be moving back anytime soon to the states and so my question isn't about immigration.

My question is, will he have any issues going back and forth between the US and Argentina considering that we will be married in the states? I wouldn't think he would have any issues considering he'll be on a tourist visa and we're not going to living (or start the immigration process) in the states.

So if anyone has any experience on this, just let me know!

Its always better to check!

 

[citygirl]

I know of 2 people who did it without problems. Both cases were people living here so not intending to start the immigration process. As long as he leaves before his visa expires, there should be no issue. *

* I wouldn't recommend he tell DHS that he is there to get married however when entering the country.

 

[sesamosinsal]

My fiancee and I are looking at getting married in November of next year in the states as we're going to be visiting my family during that time. We aren't going to be moving back anytime soon to the states and so my question isn't about immigration.

It would be a violation of the rules if your fiancee travels to the U.S. on a tourist visa to get married. He would need a K-1 visa. And yes, this visa is for a fiance who doesn't plan to emigrate to the U.S.

 

[legilber]

It would be a violation of the rules if your fiancee travels to the U.S. on a tourist visa to get married. He would need a K-1 visa. And yes, this visa is for a fiance who doesn't plan to emigrate to the U.S.

Even if were just there on vacation? Meaning, we're going there, getting married and then coming back to BA. I guess I just don't understand why we would need the K-1 Visa...

 

[CarverFan]

It's not illegal to enter the US as a tourist, get married, then leave shortly after....as long as there is no prior planning and it is a spur of the moment thing.

 

[Crema Americana]

I agree with not telling them you're planning to get married. It's not that there's a problem with getting married on a tourist visa, but if it's planned, immigration may get suspicious that you're planning to stay. If they do ask, then I'd be honest but make it clear you're not staying... but I wouldn't volunteer the info.

When my fiance applied for his tourist visa the American agent at the embassy advised him that when we get married, he'd have to apply for a different visa. I'm really not sure which one he was referring to, because we aren't planning on moving to the US right now and we got married here - perhaps that's the K1. As far as I know, there's no special visa that says "I'm married to a US citizen, but have no intention to stay." If you're just visiting for vacation, it seems a tourist visa is fine even if you're married. Somebody can correct me on that!

I'm interested to hear first hand information as well, I'm sure someone here has a foreign spouse that travels on a tourist visa.

 

[Crema Americana]

It would be a violation of the rules if your fiancee travels to the U.S. on a tourist visa to get married. He would need a K-1 visa. And yes, this visa is for a fiance who doesn't plan to emigrate to the U.S.

It's a non-immigrant visa, meaning it lasts 90 days and doesn't give you the right to work, but it's clearly geared towards people that are planning to stay in the country. On the website itself it goes on to explain how to adjust status to permanent residency, how to bring children, and how to get a social security number.

http://travel.state.gov/visa/immigrants/types/types_2994.html


"Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas."

 

[sesamosinsal]

Eclair, the visa is for both situations. In other words, it is for a fiancee who comes to marry and live, or decides to leave afterward. A tourist visa is also a non-immigrant visa, but it has a specific use: pleasure, tourism or medical treatment -- not marriage.

To each his own, but it's not a smart idea to lie to DHS or the Department of State. Should the OP's spouse ever want to emigrate to the U.S. with her, a marriage certificate obtained on a tourist visa could raise some red flags, especially if he will be obtaining the tourist visa for this trip.

The tourist visa and marriage are problematic because the consular adjudicator and/or the CBP officer might doubt the traveler's intent. In other words, if someone comes on a tourist visa for marriage, it shows "permanent" ties to the U.S., and thus the possibility that the foreign citizen may stay in the country without having completed other requirements necessary for immigration.

The State Department is pretty clear:

The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

If you look for anything about marriage on the tourist visa page, you won't find it.

 

[gpop]

Argentina has problems recognizing a marriage that is performed outside of Argentina. I realize that you interested on being in the USA, but for the headaches it could cause over here, it's better just to have a legal, civic wedding here and then do your thing in the USA.
I was married here both by civic wedding and by the church, when it came time to do the residence paperwork for my wife in Canada (although we had to spend a few months apart as per Canada immigration process), it was relatively straight forward.
When we moved back here, we didn't have any issues.
I first wanted to get married in Canada but it ended up being better to do it here. I'm not sure how different the US and Canadian laws are about this, but from what I was reading from the other posts, it seems as though you're probably better off , at least, having a civic wedding here.

 

[ElQueso]

According to this:

http://www.visapro.com/Immigration-Articles/?a=1252&z=36

You can legally go to the states and get married on a tourist visa. What's important is what you do afterward.

If you leave after getting married before your visa expires, you are in good shape.

What they say is that going to the US with the intention of getting married, and then applying for a change of status while there could cause you some problems and could be considered fraud.

I'd get married there, no problem, then come back here (assuming those are your intentions). If you ever want to go live in the US, you can apply for a spouse visa.

If you want to live there when you get married, apply for a fiancee visa.