So You Got Married With a Tourist Visa?
Getting married in the United States while on a tourist visa can result in adverse consequences. The intended purposes of a B-2 tourist visa are tourism, visiting family members, attending conferences or conventions or the like while the K-1 fiancee visa contemplates traveling to the United States with the intention of marrying.
In failing to distinguish between these two different visas, couples have married while the foreign nati 00004000 onal is in the United States on a tourist visa and further, they have obtained adjustment of status permitting the foreign spouse to remain in the United States. Central to the issue of adjustment of status is the intent of the foreign national upon entry into the United States. They must successfully show that the marriage is not a sham marriage and not planned at the time of applying for the tourist visa.
Typically, the foreign national enters the United States on a tourist visa intending to remain for a definite time while fully intending to return to their home country. Some time after arriving in the United States, the foreign national meets an American citizen or permanent resident of the opposite sex,a relationship ensues and the couple marry. An application for adjustment of status is then filed for the foreign national.
In ascertaining the intent of the foreign national, a 30/60 day guideline is frequently employed. Should adjustment of status be sought within 30 days of arrival, a presumption arises that the marriage involved visa fraud. Should adjustment of status be sought within 60 days of arrival, the presumption is rebuttable. Seeking adjustment of status after 60 days places the application for adjustment of status in the zone of safety unless there is evidence of a sham or planned marriage.
Upon getting married and applying for adjustment of status, the foreign national is not permitted to leave the United States absent advance parole. Were he or she to return to their country of nationality without advance parole, they would not be permitted to re-enter the United States while adjustment of status is pending. Given that fact, the K-1 fiancee visa might be the better alternative however, if married in the United States while on a tourist visa, a LasVegas wedding chapel marriage may be more credible than a church wedding and a spontaneous spur of the moment marriage may carry more weight than a planned wedding.
