Q: HOW LONG WE HAVE TO WAIT TO GET MARRIED WITH A TOURIST VISA?
I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here in the US, we just got a marriage license but we were told by friends that is too soon ?
A: The issue is one of intent. If a visitor on a tourist visa enters the US with the intent to visit but changes her mind and wants to get married, that is permissible. But if she entered the US with intent to adjust status after marriage, that is a no no. It’s based on an honor system but you have to tell the truth. I would wait until 90 days because it makes it look suspicious that you are taking things so fast. There is no real strict adherence to a 60/90 day rule.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You can get married as soon as you'd like after your fiancée enters the country on a tourist visa. There is no legal requirement to wait 60-90 days before getting married. However, it's important to consider the intent behind her entry into the US. If it appears that she entered with the primary intention of getting married and adjusting status, it could be seen as visa fraud by immigration authorities.
For your fiancée to adjust her status from a tourist visa to a green card holder, the process must be done carefully. She should apply for adjustment of status after the marriage. This involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) along with other required documentation.
It's wise to seek advice from an immigration lawyer to ensure that all the paperwork is filled out correctly and that you're fully aware of all the implications of this process. Immigration laws can be complex, and professional guidance can help avoid any potential issues.
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.
