My fiancee has a tourist visa. Getting married in Colombia is a paperwork nightmare for me. Can we get married is the US?
Question
My fiancee has a tourist visa. Getting married in Colombia is a paperwork nightmare for me. Can we get married is the US? Our intentions are travelling, getting married – and then returning to Colombia since that is where we live.
Answer
Jorge, Thank you for your inquiry.
Yes, it is perfectly legal to marry in the U.S. while your fiancee is visiting on a B visitor visa. Marriage is according to State law, not U.S. Federal law, so there is no conflict. If you do not have a U.S. residence, then you may need to marry in Las Vegas or somewhere that will accept you. Please do a Google search for destination weddings in the U.S.
As a practical matter, your fiancee may have difficulty entering the U.S. if she reports that she is marrying a U.S. citizen while visiting. There is an inherent risk that she may overstay her welcome as a visitor and not depart the U.S. on time.
She has an obligation to be open and honest with an immigration border agent. However, she has no duty to volunteer information. If she has other valid reasons to come to the U.S. such as, “to visit family and friends,” such a statement can be truthful and may be enough to clear inspection. However, if the border agent wants to dig, then she should be prepared to answer honestly. Misrepresentation is grounds for a permanent bar from the U.S. You should carry with you evidence showing that you both live together in Colombia, maintaining a home, bank accounts, jobs, perhaps a car, and so forth.
After marriage, her entry to the U.S. will be subject to cancellation for fear she may overstay her welcome on any given visit. At some point, you might want to consider obtaining a green card for her. Perhaps the next time you come to the U.S. consider giving a call.
Kind regards,
Allan Lolly
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My girlfriend is from Argentina and I would like to bring her over for my birthday and some mini vacations … But I’m not really sure what is the best way to do it ….I will be in Argentina visiting her in Feb. 2013 I was planing on going to our embassy in buenos aires and take with me an invitation where I take full responsibility for her also making sure that she goes back to her country ….. I just want her to come over to see if she likes it and maybe after that get married by dicember 2013 having her flight back here again …. What would be your best advise ?? Thank you!
Mike, Since she is dating an American, there is an inherent risk that she would overstay her welcome in the U.S. as a visitor. Her intention to visit only might be sincere now, but when she comes to the U.S. she might change her mind and want to stay with you. For this reason, her visitor visa application will be denied in all likelihood. Here is more information on B visitor visa requirements:
B Visa for Visitors
The purpose of a fiancee visa is to have her come to the U.S. with the intent to marry you. She will have a chance to meet your family and see how she adjusts to life in the U.S. with you before marriage. If everything looks good, she is welcome to remain in the U.S. after marriage and apply for her green card. Please call 1-888-483-0311 if interested in discussing further.
Kind Regards,
Allan
Dear Mr. Lolly,
My cousin came to USA to visit me last month with a visitor visa and round trip ticket. She had no intention to stay long and planned to go back to her home in March. however I found a nice guy on a dating website who actully lives very close to my home. I introduced the guy to her and they fell in love a week ago. Both of them were 55 to 60 ish and had been divorced for a long time, Now they feel very good to each other. I am so happy to see them happy. one possibility is that they may want to get married sometime soon. They want to be happily-ever-after and do not want to be separated. The will-be husband is a us citizen. So one consideratin is to apply for a green card and adjustment of status for my cousin after the marriage before March so she can stay here legally (although she would waste her return air ticket). After She gets a green card, both of them can travel back to her hometown to visit all her relatives there. I would like to know if this solution is good. Do you think the immigration officer would raise a red flag of visa misusage for my cousin although she did not have any intention to do this before she came? Do you have any advice? Thank you very much!!
Wen, I am sorry for not responding soon. I was preparing for a seminar and have neglected blog postings. Yes, it is possible to apply to change our cousin’s status from visitor to permanent resident based on marriage to a U.S. citizen. There are risks in doing so because she promised to be a visitor only. If interested, you are welcome to call to discuss risks and options at 1-888-483-0311. I hope to hear from you. Kind regards, Allan
Hi Allan,
I got married to my longtime finance in Nigeria last December and we had two kids together. When i returned to U.S he applied to come and do some training in the U.S as his company that he is working with required but he was denied maybe because he discloses that he had 2 kids in the U.S and he would like to visit them. He applied as single not married because he did not have intention of staying in the U.S at this time. Do you think if he apply again they will approve, or will there be a problem if i apply for him to come as my husband without visiting home again, will they want to know when we got married? I will be getting my citizen next week, i am schedule for an interview already. Please help with necessary information because i know my income doesn’t meet for fiance visa since am in school now striving to pay my bills. thanks
Treasure, When you apply to immigrate your husband, it is customary for immigration agencies to pull prior applications and review them. In your case, it seems he was already married when he applied to visit the U.S. and stated he was unmarried. This appears to be a misrepresentation. Misrepresentation on an application for a visa is grounds for a permanent bar from the U.S., married or not. There may be ways to work around the claim of misrepresentation or perhaps there may be a way to waive the bar, but these are difficult tasks that should be handled by a licensed immigration attorney like me.
If your income does not meet guidelines, then you need a financial cosponsor to immigrate him to the U.S.
You are welcome to contact me if you have an interest in working with me on his immigration filings. Kind regards, Allan
Thanks Allan,
I really appreciate your response, i spoke with him about it, he said to ask you if it will need me to travel and come for a visit so we can get a legal marriage certificate since my status in US is still single.
Please advice…
Thanks
Treasure, There is only one lawful marriage worldwide. If you are already married, there is no advantage in obtaining another marriage certificate. Allan
Hi Mr. Allan,
I just want to inquire about my pending I-485 status priority date Mar., 2013. I called the USCIS a couple of times why it’s still pending, the last email I received was Dec., 2013, and it’s still pending and never mentioned any reason why. Married last Feb., 2013 with a US citizen husband. We met here while I’m on a tourist visa. And they’re processing I-485 June 2013 cases now. Do you know if there’s a retrogression on I-130 visas? We had our interview in LA, CA. Why is it taking so long? I didn’t apply for authorization to work. Thank you. Any concerns would be very much appreciated.
Honey, Since I did not help with case processing, I can offer a paid consultation so we can both receive a benefit from the exchange. You are welcome to call me to inquire and I will set it up. Kind regards, Alln
I’m Colombian and my boyfriend, who I intend to marry lives in the US.
I am here on vacations for 2 months and want to know what is the best way to get married legally without risking my visa and stay the less amount of time apart.
Should I apply for a k1 visa and extend my visit a few months and then leave and wait for the answer?? or would that put my visa at risk? I just don’t want to leave and have to wait 6 months to see him again? Or could I still use my tourist visa to visit?
Catalina, Thank you for your interest. If you are currently in the U.S. on a visitor visa, can you please call me to discuss? I will want to know how you entered and what occurred when speaking with a CBP officer. The details make a difference. I can present options that should be workable to help you immigrate to the U.S. Kindly, Allan
Hi . I got visitor visa and I am thinking to get marriage with my fiancé in USA . She got green card last month. After marriage I don’t want to stay and come back to my home country . So can I come every six month to visit her and stay for 10day . Then that time she will put my green card file . Or there’s other way to stay with her permenatly or I will apply for student visa.
Sanjay, Thank you for your inquiry. Entering the U.S. on a visitor visa with the intention to stay and not leave on time is a misrepresentation, a fraud on the visitor entry. It can get you permanently barred from the U.S., married or not, so be careful. If you want to come visit, it’s fine. I think it is better for us to talk about options while you are in the U.S. and not before you arrive. Plan on sticking to the rules and let’s discuss when you get here o.k.? Kindly, Allan
Hello Mr. Lolly!
My boyfriend and I got married in the Philippines year 2015. and when I returned to US (2016) I was not able to change my marital status yet. And when I applied for a job here in US they asked me if i’m still single and I answered yes. Was it okay if I still put Single as my status in any documents here in US because I was not yet able to change my marital status or should I change it right away? Also, I am planning to petition my husband soon, is there any problem we will encounter when I process his papers?
Ej, Normally for most things, once you are married you simply state to all agencies that you are married whenever asked. You can also change your documents to married status as the opportunity arises. There is no rush. There should not be much of a problem stating you are single to a private employer, although you should state married. It is possible there can be a problem stating you are single to a government employer.
Yes, there can be a variety of issues that come up when you petition to immigrate your husband to the U.S. If you would like to discuss case processing, please call our offices at 1-888-483-0311. I will be glad to discuss. Very kindly, Allan