Marrying Someone with a Visit Visa in the USA: Legal and Practical Considerations

If you're planning to marry someone who is in the USA on a visit visa, you need to understand the legal and practical implications this has on both of your statuses. Understanding work permits, visit visas, and dependent visas is crucial to navigating the complexities of US immigration laws.

Understanding Visas: Work Permit vs. Visit Visa

To begin, it's important to differentiate between a work permit and a visit visa. A work permit (EAD) or an H-1B, L-1 visa specifically grants the holder legal permission to work in the USA, while a visit visa (B-1/B-2) is for short-term visits such as tourism, business, or medical treatment, and does not allow the holder to work in the USA without an approved work permit.

Applying for a Dependent Visa While in the USA

Once you get married, your partner can apply to change their status from a tourist (B-1/B-2) to that of a dependent on your visa. This option is available if your main visa type allows accompanying dependents. However, this process can be complex and risky, and depends significantly on the type of visa you have.

Can You Marry Someone on a B-1/B-2 Visa?

No, you generally cannot marry someone who is on a B-1/B-2 visa. If both of you are from the same home country, you should get married there, and your fiancée should then apply for a dependent visa or change her status accordingly after returning to the USA.

Unpacking the Risks and Rewards

If you decide to proceed with this, understand the risks involved. There are potential dangers for both your spouse's and your visa statuses if any irregularities are detected. The best course of action is to abide by the rules and opt for the K1 Fiancee visa if your marriage is planned and intended to be permanent, or visit them and let them visit you.

Alternative Option: K1 Fiancee Visa

A more secure and compliant approach would be to apply for a K1 Fiancee visa, which is specifically designed for US citizens to marry their foreign-born fiancées. This visa allows your fiancée to enter the USA and apply for change of status, avoiding risky situations.

Insight from Immigration Law Experts

According to immigration experts, applying for a dependent visa while in the USA is preferable because your spouse can legally stay and work while their application is being processed. However, if you opt to get married and then apply for a K3 visa, there is a risk of being apart for up to two years while the marriage is reviewed, and if the spouse returns home, the application may take longer.

General Advice for Marriage and Visa Compliance

To avoid complications with US visa laws, consider the following advice:

Apply for a K1 Fiancee visa if you intend to marry someone on a tourist visa and stay permanently in the USA. If possible, get married in the country where your partner currently resides and obtain the appropriate visa to enter the USA. Follow the rules and regulations to avoid decreasing the likelihood of facing legal issues or deportation.

Remember, the legal route through the K1 visa process ensures clarity and compliance with immigration laws, helping both you and your partner avoid potential complications and unnecessary delays.

Note: Always consult with a licensed immigration attorney to get personalized advice tailored to your specific circumstances.