attorney for foreigner who want to get married

by Maurice Schneider 10 min read

Can a foreigner get married in the US?

Oct 13, 2008 · What If Foreigners Want to Get Married in the U.S.? 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.

How to marry a foreigner on a tourist visa?

Yes, the immigration law of 1996 outlines financial requirements for U.S. citizens who marry non-U.S. citizens who will apply for a green card. The U.S. citizen will need to fill out a Form I-864 Affidavit of Support, which proves the ability to support the immigrant at a level above the U.S. Poverty Guidelines.

Can I bring an attorney to my spouse's immigration interview?

getting a a nonimmigrant (K-1) visa to enter the U.S. as a fiancé, then getting married and applying to adjust status to become a permanent resident. In choosing between these three possibilities, you will want to consider factors like your appeal rights, whether any children can accompany your fiancé or spouse, whether you can have an ...

Do I need a family lawyer for my marriage?

When a foreigner is getting married in Colombia, they must also prove that they are single, by providing a variety of documents.This proof must be submitted before a marriage license will be approved. Since the documents will most likely be from another country, they must be apostilled, which is a formal authentication performed in the country of origin.

image

What are the requirements to marry a foreigner?

You will need to file Form I-130 and then Form DS-160 (also called the Online Nonimmigrant Visa Application), followed by a medical exam and an interview at a U.S. embassy or consulate. Although this can sometimes be a long process,, this option does lead to a green card as soon as you arrive in the United States.

What happens when a foreigner marries a U.S. citizen?

An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). ... After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship.

What is the fastest way to marry a foreigner?

Speed of Marriage If your priority is to become married as soon as possible, it will generally be quicker to marry outside the United States. Obtaining a K-1 visa, typically the fastest way to the U.S., will take approximately 5-10 months. So visiting the fiancé in his or her home country will usually be faster.Sep 7, 2021

Can I get married on a tourist visa to a U.S. citizen 2020?

Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. ... In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

Can you be deported after marrying a U.S. citizen?

Contrary to popular opinion, marriage to a US citizen does not preclude someone from being deported. Marrying a US citizen can pave the road to a green card and ultimately naturalization, but until you become a naturalized US citizen you may be deported in certain circumstances.

How much does it cost to marry a foreigner?

Cost Of Applying For A Marriage Based Green Card In The U.S. As of February 2021, the cost of applying for a marriage-based green card in the United States is $1760.

How long does it take to bring spouse to USA 2020?

Spouse Visa Processing Time Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse's home country, but the typical time is around 24 months.Jun 1, 2021

How long do you have to be married to get a green card?

USCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage.Dec 4, 2020

How much does a marriage visa cost?

Estimated marriage-based visa cost: $1,200 (That's the fun part.) The U.S. citizen spouse submits the marriage relationship form (I-130 petition) and other required materials to USCIS, along with the $535 filing fee.

What happens if I marry a foreigner on a tourist visa?

Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay. ... And, if you change your mind and decide to settle in the U.S. after the marriage, you will have the legal right to apply for adjustment of status.

How can a foreigner get married in the US?

Yes, non-citizens can marry within the US. Keep in mind that marriage does not change your immigration status and the marriage may not be recognized in your home country. To get married in the US, you simply need the proper identification to apply for a marriage license in the county in which you are to be married.

Can a foreigner get married on a tourist visa?

Getting Married on a Tourist Visa Yes, you can get married in the U.S. while on a B-1/B-2 tourist visa or a visa waiver program. However, coming to the U.S. as a visitor with the sole purpose of getting married and then filing for adjustment of status is considered fraud.Jan 12, 2021

Can I Marry a Non-U.S. Citizen?

Yes, you can marry anyone you like, unless it happens to violate local laws. Some U.S. states, for example, don't recognize a marriage between clos...

Can I Marry My Gay or Lesbian Partner (of the Same Sex)?

Yes, as of 2013, when the U.S. Supreme Court overturned a piece of federal law called the Defense of Marriage Act (DOMA), same-sex marriages are tr...

Will My Immigrant Spouse Become a U.S. Citizen Automatically?

Sorry, but no. An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving man...

We're Not Married Yet: How Can My Fiancé Get a Fiancé Visa?

A fiancé (K-1) visa grants permission to a non-U.S. citizen who is engaged to marry a U.S. citizen to enter the United States for the purpose of ge...

Are There Any Regulations About Our Finances and Income Levels?

Yes, the immigration law of 1996 outlines financial requirements for U.S. citizens who marry non-U.S. citizens who will apply for a green card. The...

What If My Fiancé Overstayed a Visa or Is 'Out of Status'?

The process of helping a spouse immigrate is much easier for citizens than green card holders. That's partly because a visa is immediately availabl...

What Forms Do I Need to Complete?

That's a complicated question, the answer to which depends on various factors such as whether you're married yet, whether the immigrant lives in th...

Should I See a Lawyer?

If you're confused or intimidated by the information above, you've probably already got an idea of why contacting an immigration attorney might be...

How to get a spouse's green card?

The immigration attorney can help you: 1 figure out your spouse's basic eligibility for a visa or green card 2 make sure some bit of history or problem of status won't impact his or her right to apply for the green card 3 prepare the immigration forms and gather the correct documents 4 prove the legitimacy of your relationship and marriage, and 5 attend your immigration interview (s).

Do immigration attorneys charge flat fees?

Unlike some types of attorneys, immigration attorneys often charge flat fees for basic services such as assistance with obtaining a marriage-based green card . That means you won't have to worry that the hours will tick by and you'll end up paying a million dollars in legal fees.

How long does it take to get a green card after marriage?

After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship. (This assumes that you're still married and living together when the immigrant applies. If not, the waiting period changes to five years.)

How long does it take to get married on a K-1 visa?

Once the fiancé visa is issued, the immigrant has six months in which to use it to enter the U.S., and then another 90 days in which to get married.

What is a K-1 visa?

The K-1 nonimmigrant visa permits the foreign citizen to enter the U.S. specifically for the purpose of marriage, with the option of applying to adjust status in the U.S. after the marriage. In order to qualify for the K-1 visa:

Can a spouse get a green card if they are married?

The process is complex and requires navigation of the narrow confines of the law and the immigration bureaucracy. Contrary to the belief of many U.S. citizens in this situation, your spouse or fiancé, and any of his or her children, are not automatically guaranteed a green card based on marriage to a U.S. citizen.

What is an immigration attorney?

An experienced immigration attorney can evaluate the circumstances of your particular case and provide expert advice as to the method most favorable to you, or the attorney can help facilitate the entire process. If your case involves any special circumstances, or you just need help dealing with the immigration bureaucracy, a lawyer may be worth the cost.

Can I apply for a K-3 visa?

You can apply for a K-3 nonimmigrant (temporary) visa, which allows entry while the initial visa petition is being processed, and allows your spouse to perform the final portions of the application process within the United States .

Can I bring my fiancé to the US?

Bringing a Fiancé (e) to the U.S. The K-1 nonimmigrant visa permits the foreign citizen to enter the U.S. specifically for the purpose of marriage, with the option of applying to adjust status in the U.S. after the marriage. In order to qualify for the K-1 visa: 1.

Can I get a green card if I married outside the US?

If you marry outside the U.S. but want to do most of the processing for the green card inside the U.S., you may wish to use a K-3 visa. After you file Form I-130 with USCIS and get your receipt notice, you will send another petition to USCIS, on Form I-29F. (It's the application for a fiance visa, but don't be confused -- what you're applying for is a hybrid of the fiance and marriage-based visa.) Once the I-129F is approved, USCIS sends word to the NVC, and your spouse completes some paperwork, pays fees, and attends an interview for a K-3 visa at the U.S. consulate or embassy abroad. The consulate must be in the same country as you got married.

Can I have an attorney interview for a green card?

Many people prefer to have an attorney's help with applying for a green card. While the attorney can attend the interview if your spouse adjusts status in the U.S., attorneys do not ordinarily accompany people to visa interviews at a U.S. consulate, except at the discretion of the particular U.S. consulate or embassy.

How to get deported from the US?

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.

How long does it take to become a US citizen with a green card?

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.

Can a foreigner get a visa if they are married?

If the foreigner originally intended to get married and permanently reside in the United States, they should have applied for a fiancé visa, not a tourist visa. By lying to a consular officer during the visa interview, they committed visa fraud. In the best-case scenario, the foreigner will be deported. In the worst-case scenario, they may be ...

How to check status of USCIS case?

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.

Can a foreigner be deported?

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 ...

Can a foreigner marry a US citizen?

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 ...

Can you get relief from deportation?

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.

How to marry a foreigner on a visa?

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

What is the 90 day rule?

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.

How long do you have to stay in the US to get a permanent residence?

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.

Who is Sylvia Smith?

Sylvia Smith Expert Blogger. Sylvia Smith loves to share insights on how couples can revitalize their love lives in and out of the bedroom. As a writer at Marriage.com, she is a big believer in living consciously and encourages couples to adopt this principle in their lives too.

Is it true that you marry a foreigner?

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.

What happens if you get a 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.

Can I get a green card if I married on US soil?

If the authorities get even a whiff that the marriage was pre-planned and the now spouse applied for a tourist visa while harboring the intention of marrying on US soil, to get a green card, things can get very complicated and very fast.

How To Get Married in Colombia

Marriages between Colombians and foreigners are becoming more common every year but the question remains, how to get married in Colombia? Here are some legal issues to considering before planning a Colombian marriage to make the process as easier as possible. For more information see our site dedicated to Colombian marriage visa, ( click here ).

There are two other options to consider in Colombia

There are two other options to consider in Colombia to be certified as a Colombian and foreign couple.

USCIS 1-800 Telephone Number–Good to Know!

When you have questions about a visa situation, you can always call United States Citizenship and Immigration Services (USCIS).

Do Foreigners Need a Social Security Number to Get Married?

Please Note: I am not an attorney. This is not legal advice. Do not take this post as legal advice, as each case is unique. This post is a story about my experience with my spouse during the process of getting my husband’s marriage-based greencard in the US.

Immigration Tips Couples Need To Know

Please Note: I am not an attorney. This is not legal advice. Do not take this post as legal advice, as each case is unique. This post is a story about my experience with my spouse during the process of getting my husband’s marriage-based greencard in the US.

American and Foreign Driving Styles

My Foreign Husband’s Driving Used to Terrify Me#N#My husband is now a very good and safe driver. But MY GOSH it used to scare me to get into the car with him. I remember actually thinking that we might get divorced over his driving. He drove how people drive in his country.

Parent Reactions

My Parents Reacted…Reasonably#N#I learned a lot about my parents when my husband and I decided to get married.

Unemployment

Unemployment is a Reality for Many Foreign Spouses#N#Unemployment or low-paying, difficult employment is a reality for lots of foreigners in this country and all countries. BUT many people manage to do what it takes to earn a good living. For us, it was a long road. For some of our foreign friends, it was much, much shorter!

Intercultural Marriages, Doctors, and Medicine

Ugh. People in different countries have different theories about medicines. In my husband’s country, many people have this WIERD idea that a person should avoid medicine because it weakens the body’s ability to heal itself.

Holidays and Religion in Intercultural Families

My husband’s religion has basically the same roots as mine. He is Orthodox (Christian, not Jewish Orthodox), so his religious traditions are somewhat similar to Catholic. I grew up Presbyterian. We are pretty flexible and accepting of each other’s beliefs.

Foreign Spouse and Learning English

Ugh, English almost caused our marriage to end! My husband refused to learn English for several years. This baffled my family, made it very hard for my husband to find work, and to be honest–it just really felt unfair to me–not only did I have to work full-time, plus study in the evenings, but I also had to pay all the bills.

Foreign Spouses and Employment (or Unemployment)

One of THE hardest times of my entire life were the first years of marriage when my husband was unemployed. He was miserable. We were so poor. Each month, I wondered how we would pay the rent! We wanted to have a normal life–a house, a car, new clothes sometimes–nothing special, just normal.

Children of Multicultural Families Are Not Always Bilingual

In some families, children automatically become bilingual. When a child interacts with one or more caretakers (whether parents, other relatives, or a non-family member such as a nanny) in one language, and interacts in a different language with other caretakers, the child will automatically learn both languages.

Foreigners and Life Insurance

Please Note: I am not an attorney. This is not legal advice. Do not take this post as legal advice, as each case is unique. This post is a story about my experience with my spouse during the process of getting my husband’s marriage-based greencard in the US.

When Intercultural Marriage Feels Strange

When my husband and I got married, I worked at a very conservative office in the Washington DC area. That area is so multicultural and full of people from all corners of the world. When you walk down the street, you hear so many languages. I LOVED this aspect of the area.

Cross-Cultural Issues in Raising Children

I am not really sure how to contain all of the issues in one post. Marriages like mine–in which the wife (that’s me) is Western and the husband is from the Middle East or East–will tend to have the most conflict as far as child rearing.

2 attorney answers

I agree with the other answer in that you are free to marry without violating the travel visa. Once married however, your husband will be deemed to have immigrant intent and you will have initiate a immediate relative case to have him return as either a K-3 or as a permanent resident if you choose to use consular processing.

Andrew Pavlinski

You are free to marry anyone you want, so long as they are of legal age, not otherwise married, etc. You should be aware of the fraud concerns as you pointed out. As for visas, the K visa is not the only way your future spouse may stay in the United States. There are a number of other provisions in the law which may be beneficial to your situation.

image

How to Marry A Foreigner on A Tourist Visa

  • Be aware that immigration authorities follow a rule called the 90-day rule. The rule holds that travelers who get married during their first 90 days in the United States pose a higher risk of visa fraud. If you want to stay off immigration officials’ radar, avoid the 90-day rule by postponing the wedding until at least three months after the foreigner enters the United States. The longer you …
See more on jacksonwhitelaw.com

Applying For An Adjustment of Status

  • If your new spouse does not want to return to their home country, they can apply for an Adjustment of Status while in the United States. This path can be extremely challenging for visitors on a tourist visa, but it’s not impossible. To be successful, you’ll need to prove that the marriage is legitimate (i.e. you married for love, not just for a green card), and you’ll need to conv…
See more on jacksonwhitelaw.com

Getting A Fiancé Visa

  • 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 of Status without having to leave the United Stat…
See more on jacksonwhitelaw.com

The Deportation Process

  • Generally speaking, the United States has the right to deport foreign nationals who violate their visa, are considered a threat to public safety, or participate in criminal activity. Immigrants who illegally enter the country without travel documents or with forged documents may also be deported. If ICE initiates removal proceedings to deport you from the United States, here’s what …
See more on jacksonwhitelaw.com