QUESTION

Is it illegal to get married on a Tourist Visa?

Asked on Mar 14th, 2013 on Immigration - California
More details to this question:
My girlfriend, who lives in Croatia, and I want to spend the summer together. It was our intention to get married, and that she went back to her home country before the Tourist visa expires. She has no intention at this point in time to apply for citizenship. We're very well aware of the K-1 Fiance visa, however this visa would take between 6-9 months to get, and by the time we got it, both of us would be starting school in our respective countries. However, it has been brought to my intention, that getting married while on a Tourist visa might be illegal. Would this be the case, considering our particular circumstances?
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6 ANSWERS

Rebecca T White
You and your girlfriend should set a consultation with an immigration attorney to discuss your options privately. It is important not to have immigrant intent when entering on a non-immigrant visa. That does not make it illegal to marry while on a visitor visa however.
Answered on Mar 15th, 2013 at 1:01 PM

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Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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Every case is different and has its own fact pattern. I have never come across 2 identical cases and I have been doing this for almost 20 years. You would be best served by investing in a detailed consultation with an experienced Immigration Attorney who can go through all of the details regarding your situation. Then by analyzing all of the facts as well as your intentions you and your fiancee can be guided on the correct way to proceed. The money spent now should be well worth it in the long run.
Answered on Mar 15th, 2013 at 10:31 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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No that is not true. However, she is not allowed to enter the U.S. with this visa if she intents to marry to obtain U.S. permanent residency. Now, if she intends to come in to hang with you and not necessarily to marry you, that is okay.
Answered on Mar 15th, 2013 at 5:13 AM

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NO it is not illegal to get married while in the US on a tourist visa. If she is not planning on remaining in the US after the wedding, there is no harm at all. However, it does not really make sense to me why you would get married and then have her go back home, since you will then need to petition for her anyway in order for her to be able to immigrate to the US and be with you. That process will also take about 9-12 months and during that time, she may not be permitted to enter the US as a visitor since she will be seen as having immigrant intent.
Answered on Mar 14th, 2013 at 2:42 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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Not illegal to marry on a tourist visa. Not sure why you would want to do this since her situation becomes even more complicated once she is married to a US citizen. I am a croatian-american immigration attorney who specializes in marriage-based immigration.
Answered on Mar 14th, 2013 at 2:41 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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As long as she doesn't intend to stay permanently in the US getting married on a tourist visa is fine! A fiance visa is for people who want a green card.
Answered on Mar 14th, 2013 at 2:41 PM

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