Fiance visa: why tourist visa cannot be used to marry in the U.S.
Tourist visas are great, as you can obtain them in a very short amount of time and they allow couples to be together, however as much as people would like it to be, it cannot be an alternative for possessing a fiance visa. In order to marry and obtain the Adjustment of Status process, a fiance visa is the legal option. While it may be difficult to be apart for months at a time, it is best to follow what is required in order to have a legal marriage with your foreign fiance. Perhaps this article will help you to better understand the details of this arrangement process, as well as advice you and your distant loved one.
In the United States, there two different kinds of visas, which include the immigrant and non-immigrant visa. The tourist visa is useful for those wanting to visit the United States, but plan to return back to their home country after their visit. This kind of visa is not appropriate for those planning to permanently stay in the US. The tourist visa is a non-immigrant visa and by staying in the US falsely acting as a tourist for the intention of marriage, you are actually admitting to the crime of visa fraud. During the required Adjustment of Status interview, the United States Citizenship and Immigration Services will definitely be able to see past your fake intentions and reveal the truth. At the tourist visa interview, the DS form questions whether you have an American fiance and by answering “no”, evidence is given that you are lying, unless intention of marriage has been authorized upon your US destination arrival. Nevertheless, if your marriage happens quickly after you have arrived in the United States, your intentions will not seem trustworthy and the USCIS might choose to punish you. This could result in being denied in an Adjustment of Status case. In some situations, there is a slight chance you could get a waiver and ask forgiveness of the USCIS, although this process is quite difficult.
One crucial aspect to remember is that in most countries around the world, tourist visas used for visiting the United States require great effort to obtain, and it is not an easy process, which often results in a denial. If you have a failed attempt to receive a tourist visa, a future fiance visa application will be that much more difficult to obtain due to suspicions of intentions. The US Embassy will not have any prejudice towards your fiance visa application purely based upon your prior tourist visa denial; however, they will review your case more intensively as opposed to those that have no previous rejections. In summary, tourist visas should not be used for false immigration intentions due to the significant consequences which could primarily affect you and your fiance’s future together. Every visa is made for a different purpose and the tourist visa is used just for that, touring.
Just like any other immigrant visa, the USCIS must make certain that the requirements are met. In order to live in the United States and assure that you will have no future troubles obtaining a permanent resident status, the process must be accomplished. If you are interested in more information concerning the fiance visa, please do not hesitate to contact our office.