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None of our clients has ever been
denied a visa.
Getting Married on a Travel Visa
Can you get married on a travel visa?
Yes. You may enter the U.S. on a travel
visa, marry a U.S. citizen then return home
before your visa expires. Where you run into
trouble is if you enter on a travel visa
with the intention of marrying and staying
in the U.S.
You might have heard about someone who got
married in the United States while on a
travel visa, didn't return home, and
successfully adjusted their status to
permanent resident. Why were these people
allowed to stay? Well, it is possible to
adjust status from a travel visa, but people
in this scenario were able to prove that
they came to the U.S. with honest travel
intentions and happened to make a
spur-of-the-moment decision to get married.
To successfully adjust status after
marrying on a travel visa, the foreign
spouse must show that they had originally
intended to return home, and the marriage
and desire to stay in the United States was
not premeditated. Some couples find it
difficult to satisfactorily prove intent but
others are successful.
Things you should know before getting
married in the U.S. on a travel visa:
- What will happen if you are
denied? No one expects to be denied
a visa or a status adjustment, but not
everyone is eligible to receive one.
Reasons for denial may include a
person's health, criminal history,
previous bans or simply a lack of
required evidence. If you are the
immigrating foreigner, are you prepared
to appeal a denial and perhaps retain
the services of an immigration lawyer,
and more likely, return home? What will
you do if you're the U.S. citizen? Will
you pack up your life in the U.S. and
immigrate to your spouse's country? Or
will circumstances like children or work
keep you from leaving the USA? In which
case, are you prepared to divorce your
new spouse so you can both move on with
your lives? These are difficult
questions to answer, but the possibility
of being denied an adjustment is very
real, so you should both be prepared for
any eventuality.
- It will be a while before you can
travel. You can forget about exotic
honeymoons or trips to the home country
for a while. After the marriage takes
place, the foreign spouse will not be
able to leave the U.S. until they apply
for and receive advance parole or a
green card. If the foreign spouse leaves
the country before securing one of these
two documents, they would not be allowed
re-entry. You and your spouse would have
to start the immigration process from
scratch by petitioning for a spouse visa
from while the foreign spouse remains in
his or her own country.
- Border protection officials are
paying attention. When the foreigner
arrives at the port-of-entry, they will
be asked for the purpose of their
travel. You should always be upfront and
honest with border protection officials.
If you state your intent as, "To see the
Grand Canyon," and a search of your
luggage reveals a wedding dress, be
prepared for the inevitable grilling. If
the border official believes that you're
not coming to the U.S. for just a visit
and you cannot prove your intent to
leave before your visa expires, you'll
be on the next plane home.
- It is ok to enter the U.S. on a
travel visa and marry a U.S. citizen if
the foreigner intends to return to
his/her home country. This can be
tricky, though. Nothing says that you
can't get married while on a travel
visa. The problem is when your intent is
to STAY in the country. You can get
married and go back home before your
visa expires, but you'll need hard
evidence to prove to the border
officials that you intend to return
home. Come armed with lease agreements,
letters from employers, and above all, a
return ticket. The more evidence that
you can show that proves your intention
to return home, the better your chances
will be of getting through the border.
- Avoid visa fraud. If you have
secretly secured a travel visa to marry
your American sweetie to bypass the
normal process of obtaining a fiancé or
spouse visa in order to enter and remain
in the U.S., you should rethink your
decision. You could be accused of
committing visa fraud. If fraud is
found, you could face serious
consequences. At the very least, you
will have to return to your home
country. Even worse, you may incur a ban
and be prevented from re-entering the
U.S. indefinitely.
- Are you ok with saying goodbye to
your old life from a distance? If
you marry on a whim while in the U.S.
and decide to stay, you will be without
many of your personal belongings and you
will need to make arrangements to settle
your affairs in your home country from a
distance, or wait until you are allowed
to travel home. One of the advantages of
moving to the U.S. on a fiancée or spouse
visa is that you have some time to put
your affairs in order while waiting for
the visa approval. There's an
opportunity for closure that you won't
have with a spur-of-the-moment marriage.
There's time to say goodbye to friends
and family, close bank accounts and end
other contractual obligations. In
addition, there are all kinds of
documents and evidence that must be
submitted for the adjustment of status.
Hopefully there will be a friend or
family member back home who can gather
the information for you and send
whatever you need to the U.S.
- A Tourist Visa is "possible",
although
highly
improbable. The U.S. Embassy in
Manila denies about 200 or more each day
and to think each application for a
tourist visa comes with a non-refundable
$100 fee.
Although not an official
requirement, those having success in
achieving a tourist visa have held the
test of being able to demonstrate proof
of their return to Philippines at/prior
to the end of any would be tourist visa,
which tends to need lots of Peso in the
bank under a long standing high balance
bank account, deed/title to house/lot
and car, business, spouse/children, etc.
any/all of which show ties to
Philippines and a commanding reason to
return and not disappear.
If they suspect that the fiancee is
trying to get a tourist visa for the
purpose of getting married here it will
be seen as an attempt to short-circuit
the immigration process, and reason for
instant denial.
We recommend that you
sign-up for our service 2
months prior to your trip there so we
can get the paperwork started and get
her here sooner!
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Disclaimer:
filipinafianceevisa.com
is not a law firm. Owners and
staff are non-attorneys. We
specialize in processing
documents for fiancee and
spousal visas. We do not give
legal advice. If you need legal
advice we would encourage you to
seek the advice of an
immigration attorney. |
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