QUESTION

If I'm getting married in a civil ceremony around September, should I have my fiancee get a tourist visa?

Asked on Jul 12th, 2017 on Immigration - Georgia
More details to this question:
I want her to travel back with me in January after our wedding. assuming her immigrant visa is approved.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Although not completely clear from your question, I assume you are a U.S. citizen; you soon will become married to a foreign national in a civil ceremony in another country; you and your fiance plan to go through "consular processing" so that your soon-to-be spouse can immigrate to the U.S. and become a Lawful Permanent Resident (get a "Green Card"); and you are contemplating your fianc?e (or spouse) entering the U.S. with a visitor's visa while awaiting the process for your spouse to become a Permanent Resident. If my understanding of the facts is correct, then the answer to your question clearly is "NO!" A visitor's visa is exclusively for someone who intends to enter the U.S. temporarily for a visit and then depart. Misuse of it by someone who is engaged to be married or who is married to a U.S. citizen, and who intends to become a Permanent Resident, can constiture visa fraud, with potentially very harsh immigration-related consequences. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Sep 26th, 2017 at 12:11 PM

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