That's partly because a visa is immediately available to the spouse of a citizen who is an "immediate relative," in immigration law terms. Call us today for a Consultation! The trick to changing status from a tourist visa or visa waiver is to prove that there was no premeditated intention to get married, but it was a spontaneous decision. Your spouse will be called in for fingerprinting shortly thereafter, and have to pass a background check. Your best choice in how to proceed depends on your situation. Supreme Court overturned a piece of federal law called the Defense of Marriage Act DOMA , same-sex marriages are treated like any other marriage for federal immigration law purposes.
The consulate must be in the same country as you got married. This is a routine question that they ask everybody. If You Need Legal Advice 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. Your best choice in how to proceed depends on your situation. Upon approval, your spouse can enter the U. This is why we recommend waiting to get married. Can I Marry a Non-U. This approach is fraught with pitfalls and we do not recommend it. S as a lawful permanent resident getting married overseas and obtaining a nonimmigrant K-3 visa to enter the U. Your spouse will complete some required documents, pay the appropriate fees, undergo a medical examination, and be fingerprinted for a criminal background check. If they find a pile of wedding invitations, you are going to have to answer some embarrassing questions. During this process, you will have to stay in your home country. Benefits and Pitfalls If you plan to visit the United States on a tourist visa with the intention of getting married and applying afterward for an adjustment of immigration status later might seem like a reasonable way of sidestepping complicated paperwork. Of course, that doesn't mean you should go with the cheapest attorney you find. The thing is, once they decide someone is guilty of visa fraud, they can become permanently disqualified from even entering the United States, never mind receiving immigration benefits. For more information on this topic, see our article on managing conditional resident status. In this case, he will repatriate you to your native country. The trick to changing status from a tourist visa or visa waiver is to prove that there was no premeditated intention to get married, but it was a spontaneous decision. Any misrepresentation or misuse of a visa is grounds for a bar from the U. Note that unlike children applying on an immigrant visa, it doesn't matter how old they were when the marriage took place. As described above, that will require not only submitting forms and documents, but taking a medical exam and passing a background check and attending an interview. At worst, you may be barred from ever returning to the United States. If you, as a United States citizen, decide to marry a person from another country, you probably have numerous questions about that person's rights under the U. The review process could take several months. You, too, can use it to help improve your chances of changing your immigration status.
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