Gray areas aren't generally the government's forte.

Couple getting marriedIt is legal to enter the U.Due south. on a tourist visa, travel visa or the Visa Waiver Program (VWP) and get married to a U.S. citizen.  Information technology is also legal to adjust your condition after getting married. Yet, the condition of a tourist visa, travel visa and the VWP is a sworn promise that the person using this visa but plans to visit the United States and not immigrate here.

Intent is what really matters.

The intention of a tourist or travel visa is a temporary visit for a specified amount of time. If you desire to get married during your visit so return habitation before your visa expires that may be legal, merely a travel visa should not be used with the intention of inbound the United States to marry, stay permanently and adjust condition. Using the Thousand-1 Fiancé(eastward) Visa avoids all of the problems noted above, and is the nigh appropriate way for a foreign fiancé(e) to come to the U.Due south. to marry.

"...a travel visa should not be used with the intention of entering the The states to marry, stay permanently and accommodate condition."

The potential consequences of doing it wrong are serious.

There could be serious problems for someone who enters the United States on some other visa with the intention of marrying or residing here. Attempting to obtain a visa or inbound the United States by saying i thing when you intend another may be considered clearing fraud, for which at that place are serious penalties. Those penalties include restricting a person'south ability to obtain clearing benefits, including permanent residence, as well as a possible fine of up to $x,000 and imprisonment of upwards to five years.

The Department of State (DOS) and United States Citizenship and Immigration Services (USCIS) presume that intent to marry a U.S. citizen is the same as intent to immigrate.

If your fiancé(eastward) enters the U.South. equally a tourist, without disclosing that they are engaged to you lot and/or intend to marry yous, they accept committed visa fraud. If the USCIS later decides that your fiancé(e) has committed visa fraud, they could be deported and volition exist incommunicable for them to legally return to the United States, fifty-fifty if the two of you are married.

Tourism is kind of specific.

stereotypical tourist

Tourist visas are for people who want to sight see, non go married.

In order for someone to get married in the U.S. while visiting on a tourist or travel visa and then adjust their status to lawful permanent resident they would demand to testify they came to the U.S. with the intention to travel to and visit the U.S. and return to their home country but not to become married or immigrate hither.

What's the prophylactic manner?

You can hands avoid visa and/or immigration fraud by filing for a Thousand-1 Fiancé(due east) Visa or you could get married in the home country of the strange fiancé(east) and and so employ for a CR-i Spousal Visa. If you lot have secretly obtained a tourist or travel visa, with the intent to marry your fiancé(due east) in the U.S. and to featherbed the normal process you lot should rethink your decision.

Disclaimer: The information in this blog post relating to the legal requirements of the United States and U.Southward. Department of State is provided for full general information only. Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or regime officials.

Reference: USCIS and U.S. Section of Country

Disclaimer: The contents of this mail service were accurate to the best of our noesis at the time of publishing. Immigration is constantly changing, and sometime data frequently becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, fifty-fifty if new information renders them obsolete. Practise not make important life decisions based on this content. No part of this post should exist considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If annihilation herein conflicts with an official government website, the official government website shall prevail.