Okemos, MI asked in Immigration Law for Michigan

Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage

Related Topics:
3 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: No, you should not attempt to conceal your marriage from US immigration authorities if you travel to the US after getting married, even if you already have a tourist visa. Here are a few reasons why:

1. That would constitute visa fraud. When entering on a tourist visa, you have to accurately represent your current circumstances and eligibility. Hiding a recent marriage violates this.

2. If discovered, visa fraud can result in revocation of your tourist visa, denial of future US visas even if eligible later, and potential bans from entering US territory. It is a serious immigration offense.

3. You miss the opportunity to apply for alternative visas. As a new spouse of a US citizen, you may qualify for a spousal or family-based green card application process. Concealing prevents pursuing better visa options.

4. As a US citizen's spouse, you still have paths to lawful status and travel authorization available. Hiding your change in marital status blocks those legitimate paths unfairly.

The wise and ethical choice is to disclose your updated relationship status openly to US immigration authorities. Then explore with an immigration lawyer what new visa routes you may now qualify for as a married individual. I advise against deception - instead use this marriage as an impetus for broader, lawful US access through proper channels. Let me know if you have any other questions!

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: A tourist visa allows the foreign national only to temporarily visit the US and return home. If your intention is to visit the US on a B visa and then adjust status to get your green card, that would be immigration fraud. However, if your intent is to just visit but after you enter the US you later change your mind and want to live permanently, then that is ok. However you have to always be honest and tell the truth.

Kevin L Dixler agrees with this answer

Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Milwaukee, WI

A: One of the worst ways to end an engagement is to indefinitely disqualify yourself for lawful immigration. Affirmatively lying to the US government is a problem.

The information provided by these two attorneys is consistent. However, getting into a mess as a result can prove heartbreaking.

I strongly recommend that you consider your intentions when coming to the United States. You ought to be aware of the law before you take any further action. It seems that an appointment or teleconference with a competent, ethically considerate, and experienced immigration attorney makes sense.

The above is general information, not legal advice, and does not create an attorney client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.