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

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3 Lawyer Answers
James L. Arrasmith
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Answered
  • 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
Answered
  • 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
Answered
  • 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.

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