My fiancee has a tourist visa. Getting married in Colombia is a paperwork nightmare for me. Can we get married is the US?
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.
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.