If you are an American citizen marrying a foreigner, who is your bae and, who is in the US on a tourist visa – as cliché as it sounds or something out of a cheesy Hallmark movie, it is very true and happens more often than one might think.
So, in the crux of things if you are marrying a foreigner on a tourist visa, the following things must be done to avoid putting the immigration officials on your tail: 1 Pre-planned weddings 2 Follow the 30/60 days rule 3 Go through the proper channels
The standard holds that the tourist who gets hitched during their initial 90 days in the United States represent a higher risk of visa misrepresentation or visa fraud.
If the immigration officials sniff one out to be committing visa fraud, that person can be sent to jail, deported, or when push comes to shove, they can be barred or banned from ever entering the country again.
Though they have received their stay visa, still if they want to make their residence permanent and non-dependent on their citizen spouse, they would have to stay in the US continuously for five years before they can apply again for permanent residency. In a nutshell.
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California-based lawyer Carmen Casado of Casado Law says, "First and foremost, talk to an immigration attorney to find out the various options before even deciding on a date for the wedding.
Wedding planner Alison Rinderknecht of Alison Events says, "There's no one-size-fits-all approach as the rules are different for every visa type." Many partners come to the U.S. on a spousal or fiancé visa prior to the marriage, which can be the easiest way.
If you're unsure whether to get married stateside or in your fiancé's home country, it's worth noting that your marriage should be recognized internationally, regardless of which location you choose.
If your fiancé has previously been married, Casado says that they'll need to get their original divorce decree from their home country as soon as possible. This paperwork will need to be submitted with the immigration documents.
"The rules are always changing, and everything depends on the situation and the timing," Casado says. The best way to stay on top of the latest rules and regulations when it comes to marrying a foreigner is to work with a lawyer who's constantly on the pulse of these changes. "The process is really complicated and there are a lot of pitfalls.
One version of the first situation is when two U.S. citizens desire to get married abroad, usually somewhere exotic, tropical, or romantic.
According to the U.S. State Department if you are a U.S. citizen, then you have two ways to bring your foreign spouse to the United States to live. The first way is by an “Immigrant visa for a Spouse of a U.S. Citizen”. The required forms are:
A minority of states have a residency requirement but, the key issue that foreigners face is whether their country recognizes U.S. marriages. Foreigners who plan to be married in the U.S. should look into their country’s laws and regulations concerning marriages outside of the country.
If you have issues with a K-1 Visa (fiancé visa), then you may need the help of a local immigration attorney in the U.S. If your future spouse is having issues in their country of origin, then it’s best if they contact a local immigration lawyer or go to the local U.S. embassy.
If USCIS officers suspect you are not legally married, they may ask you to prove that your marriage is bona fides and formed from a genuine relationship.
As a U.S. citizen or green-card holder, you will be the “sponsor” of your partner. This means that there is a certain document that you need to apply by yourself along with your spouse’s application. You will submit two forms together: Form I-130 (Petition for Alien Relative)
With over 25 years of experience in immigration law matters, an immigration attorney at Herman Legal Group law firm can help you: 1 determine the eligibility of your partner for a fiance visa or marriage-based green card 2 look through your case specifically and pick the best strategy 3 prepare the USCIS forms and documents and advise you and help you gather required documents 4 help you collect firm proofs of the legitimacy of your relationship and marriage, and 5 help you prepare and accompany you to to the immigration interview.
When your spouse applies for US citizenship, he or she cannot leave the U.S. for more than six months. Spouses of a U.S. citizen who legally entered the United States but fell out of status can have it pardoned during the adjustment of status process.
When a foreigner intends to travel to the United States to marry a US citizen or lawful permanent resident, they should apply for a K-1 fiancé visa, not a B-2 tourist visa. Under a K-1 visa, the foreigner simply needs to get married within 90 days of entering the United States. After the wedding, he or she can apply for an Adjustment ...
In the best-case scenario, the foreigner will be deported. In the worst-case scenario, they may be banned from returning to the United States. If you marry a foreigner on a tourist visa and your new spouse would like to remain in the United States, you should consult with an immigration attorney before leaving the country or applying ...
If ICE initiates removal proceedings to deport you from the United States, here’s what you can expect: 1 You will be detained at an ICE detention facility or contracted prison until you post a bond, are released on your own recognizance, or are deported. 2 ICE will present your case to an immigration court of the Department of Justice 3 You may seek relief from deportation under certain qualifying circumstances. If the court accepts your defense against deportation, the judge will approve a cancellation of removal. If the court rejects your defense, the judge will issue a removal order. 4 Should the immigration court reject your request for relief, you may appeal your case to the Board of Immigration Appeals and/or the Circuit Court of Appeals. 5 Should the appellate courts reject your appeals, the US will coordinate with the receiving country to accept the deportee and acquire travel documentation. Some countries (such as Mexico) can result in a deportation in less than 2 weeks, while others can take up to 90 days.
After completing your interview with a USCIS representative, you can check the status of your case online. Once the agency has made a decision, they will mail you a letter. Assuming your case is approved, you should receive your green card in the mail soon after.
You may seek relief from deportation under certain qualifying circumstances. If the court accepts your defense against deportation, the judge will approve a cancellation of removal. If the court rejects your defense, the judge will issue a removal order.
After spending at least five years in the United States with a valid green card, your spouse may be able to apply for naturalization and become a US citizen. When you’re ready to begin the process, start by scheduling a consult with an immigration attorney.
If the real reason you’re getting married is so that your spouse can become a permanent resident of the United States (“green card marriage”), seriously consider the consequences. Marriage fraud is a federal crime. The penalty is up to five years in prison and $250,000 in fines.
Be at least 18 years old. Have a green card for at least three years. Be married and “live in marital union” with a U.S. citizen for three years before applying and up until examination of the application. Live in the state where filing the application for at least three months before applying.
The conditional status can be removed after two years of marriage. Green cards are typically valid for 10 years and must be renewed. Despite the name, permanent resident status may be lost due to non-residency, failure to file taxes or voluntary withdrawal.
Write a list of everything you want to achieve through the marriage you’re doing and everything you may lose because of the marriage. Be true to yourself. And then write a working plan of how you think you will handle the possible problems or cope with a big change. Pray and meditate.
No matter what and how you think about others, you can’t really control or stop them from thinking differently from you. So, when you marry someone outside your culture who is considered as a foreigner in your home community, you’ll come across people who may have judgmental comments and views about you or your spouse.
What I mean by meeting new people is meeting people from totally different cultural and social backgrounds that you learn more about people in general. When you take the differences in a positive way, you’ll become more understanding and tolerant of others.
Marriage Abroad. U.S. embassy and consulate personnel cannot perform marriages in foreign countries. Depending on the law of the foreign country, local civil or religious officials generally perform marriages. Marriages performed overseas are considered valid in the country where they take place if they are entered into in accordance with local law.
If you plan to marry in a foreign country, you should find out the requirements of that country before you travel. Some of the requirements you might encounter are: Parties must be resident in that country for a specified period of time before a marriage may be performed there. Blood tests.
Parental consent. Documents certifying the end of any previous relationship (such as death or divorce certificates), translated into the local language, and authenticated. Affidavit of Eligibility to Marry: Some countries require an affidavit by the parties as proof of legal capacity to enter into a marriage contract.