Marrying on a U.S. Tourist Visa

The Dangers of Marrying on a U.S. Tourist Visa: What You Need to Know

Family Immigration

Marriage is a significant and joyful event, and for many international couples, the U.S. offers a convenient meeting point for loved ones to gather and celebrate. However, for those on a U.S. tourist visa (B-2 visa) planning to marry while visiting the country, it’s essential to understand the legal implications and potential dangers. While there’s no law outright banning marriage while on a tourist visa, marrying with the intention to stay can lead to serious complications, including visa issues, potential deportation, and even bans from re-entry into the United States.

1. Misrepresentation and Visa Fraud Concerns

The U.S. government is strict about the intent behind a visa holder’s visit. The B-2 tourist visa is specifically designated for travel, leisure, and temporary visits—not for immigration purposes. Marrying a U.S. citizen or green card holder while on a tourist visa might raise questions about “immigrant intent,” which refers to the intention to live permanently in the U.S. If immigration officials determine that a visitor had the pre-planned intent to marry and remain in the country, they may accuse them of visa fraud, a serious offense that can result in deportation and future immigration complications.

2. The 90-Day Rule and Presumption of Immigrant Intent

The U.S. Department of State and the United States Citizenship and Immigration Services (USCIS) have used the “90-Day Rule” in the past to assess whether a tourist visa holder might have had immigrant intent. Under this rule, if a tourist visa holder marries a U.S. citizen or applies for a green card within the first 90 days of entering the country, it is often presumed that they had planned to immigrate from the beginning, which can be considered a form of visa fraud. While USCIS officers are no longer required to follow the 90-day rule today, they can still use it as a guide to determine whether an applicant had immigrant intent when they used a visiting visa to enter the U.S.

If marriage happens after 90 days, the couple may have an easier time proving that the intention to immigrate developed after the initial arrival, though scrutiny is still possible. Regardless of timing, the couple must be able to demonstrate that the relationship is genuine and that the marriage is not primarily for immigration purposes.

3. Risk of Denial or Cancellation of Green Card Applications

Even if the marriage is genuine, a green card application following a tourist visa entry can still raise red flags. During the adjustment of status interview, a USCIS officer will closely review the timeline and details surrounding the marriage. If they suspect any intent to circumvent immigration laws, the application could be denied. Worse, the applicant could be deported and banned from entering the U.S. for several years.

To avoid this risk, some couples opt for the K-1 fiancé(e) visa, which is specifically designed for foreign nationals who intend to marry U.S. citizens and reside permanently in the U.S. This visa requires a longer waiting period and more paperwork but provides a clear legal path to marriage and permanent residency.

4. Difficulties with Re-Entry to the United States

For couples who marry on a tourist visa and then return to their home country to apply for a green card or another visa, future travel to the U.S. may become challenging. Border officers can question a tourist visa holder’s intent if they’re aware of a recent marriage to a U.S. citizen, as marriage often implies an intent to stay permanently. As a result, even brief visits to the U.S. may be denied, potentially keeping couples separated while waiting for proper immigration paperwork.

5. Consequences of Overstaying the Tourist Visa

If a newly married foreign spouse overstays their tourist visa while waiting for a green card application to be processed, they are at risk of deportation. Even a single day of overstay can lead to complications, and overstaying for extended periods can result in bans from the U.S. (for example, a three-year ban for overstays over 180 days and a ten-year ban for overstays over one year).

6. Legal Costs and Stress on the Relationship

Dealing with visa issues, deportation threats, and lengthy bureaucratic processes can place immense stress on a relationship. Many couples who initially just wanted to be together end up investing significant time and money in resolving their immigration situation. Hiring an immigration attorney may be necessary to navigate these complex processes, and often essential to protecting both parties’ rights and future in the U.S.

Conclusion: Proceed with Caution and Seek Legal Advice

While marrying on a U.S. tourist visa may seem like a convenient option, it’s essential to understand the legal and emotional risks involved. Consulting with an experienced immigration attorney before marriage can help couples navigate the complex regulations, avoid potential legal pitfalls, and ensure that their relationship is protected against avoidable immigration issues. Call or text immigration attorney Jessie M. Thomas at (214) 838-0045 or schedule a consultation today.

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Undocumented Immigrant or Out-of-Status Immigrant: Understanding Your Status

Immigration

Immigration status in the United States is often complicated, with various terms used to describe people living in the country with different types of legal status, or none at all. As an immigration lawyer, I want to help you understand the specific terms that might describe your current status, since each one can affect what options are available for you. Today, we’ll go over the differences between being an undocumented immigrant and being an out-of-status immigrant. Though these terms might sound similar, they refer to different situations under U.S. immigration law. Knowing the distinction between the two can help you navigate your options and understand any potential pathways to legalization.

Undocumented Immigrant: What Does It Mean?

If someone is referred to as an undocumented immigrant, it means they’re living in the United States without legal authorization. There are two primary ways this can happen:

  1. Entering the U.S. without inspection: This occurs if a person crosses into the United States without going through a designated port of entry, meaning they weren’t formally inspected or approved to enter.
  2. Overstaying a Visa: Many people enter the U.S. legally with a visa, but if they remain after their visa expires, they’re considered undocumented.

As an undocumented immigrant, you’re living in the U.S. without formal authorization to stay or work, and unfortunately, you could be at risk of deportation if you come to the attention of immigration enforcement. The process to legalize your status from here can be challenging but not impossible, especially if certain eligibility criteria apply to you.

Out of Status: What Does It Mean?

Now, if you hear the term “out-of-status”, that generally refers to someone who entered the U.S. legally but lost their lawful status by not meeting certain conditions. For example:

  1. Losing Employment-Based Status: If you have a visa that’s connected to your job, you may fall out of status if you lose that job or if your visa requirements change.
  2. Failing to Meet Student Visa Requirements: If you’re on a student visa, you’re required to be enrolled full-time in school. If you drop out, fail to maintain the necessary credit hours, or change institutions without following the correct procedures, you could fall out of status.

As an out-of-status immigrant, you might have options to regain your lawful status or adjust to a more permanent form of residency, especially since you originally entered the country legally.

Key Differences to Understand

1. Pathways to Legalization

  • Undocumented Immigrants: Your options to change your status can be more limited if you entered without legal authorization. However, pathways do exist, especially through family-based petitions, humanitarian programs, or even certain employment-based visas in special cases.
  • Out-of-Status Immigrants: If you entered the U.S. legally, you generally have a wider range of options to adjust your status and regain lawful residency. This could include switching to a different type of visa or, in some cases, adjusting status within the U.S. without leaving the country.

2. Risk of Deportation

  • Undocumented Immigrants: Without legal authorization to stay in the U.S., you may be at higher risk for deportation if you’re detected by immigration enforcement.
  • Out-of-Status Immigrants: You may be somewhat safer if you’re actively seeking ways to regain lawful status. However, if no action is taken to adjust your status, you could still be deportable.

3. Work Authorization

  • Undocumented Immigrants: You generally do not have the legal right to work in the U.S., although some limited programs, like DACA, do provide temporary work authorization.
  • Out-of-Status Immigrants: Depending on your previous visa, you may still be eligible to regain work authorization if you can adjust your status.

Options for Each Category

If you’re an undocumented immigrant, you might qualify for certain relief options, like family-based petitions (if you have close family members who are U.S. citizens or permanent residents), marriage to a U.S. citizen, or, in some cases, asylum or humanitarian programs like Temporary Protected Status (TPS).

If you’re out of status, your options to adjust status often include different types of employment or family-based visas, or even adjusting within the U.S. based on your initial lawful entry. Many out-of-status immigrants find a solution by changing or reinstating their visa status or moving to a more permanent residency category.

What This Means for You

It is crucial to identify your specific status so we can explore your available options. Knowing if you’re undocumented versus out of status shapes the type of applications you might be eligible for, your options for work authorization, and the level of risk you face for deportation.

Questions About Your Immigration Status? Contact An Experienced Immigration Attorney

It is important to consult with a qualified immigration attorney. They can review your unique situation, discuss your long-term goals, and create a plan to move forward. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or schedule a consultation.

Who Can Vote?

Presidential Elections: Who Can Vote?

Immigration News

Who Can Vote in Presidential Elections?

Before You Start – Make Sure You Are Eligible!

Unlawfully voting in an election or claiming to be a U.S. citizen, in order to vote, is a violation of federal law punishable by fines and imprisonment. It may also affect your eligibility for certain immigration benefits and lead to removal proceedings. If you have any questions about your eligibility to vote, please contact an experienced immigration attorney.

To Vote In U.S. Federal Elections You Must:

  • Be a U.S. Citizen
    • Through Birth In The U.S.1
    • Through Birth Overseas To A U.S. Citizen Parent2
    • Through Naturalization3
    • Lawful Permanent Residents (LPRs) cannot vote in federal elections, though they may vote in some local elections.
  • Meet Your State’s Residency Requirements
  • Be 18 Years of Age On or Before Election day
  • Register to Vote by Your State’s Deadline

Some State Laws Place Restrictions on Voting Base On:

  • Felony Convictions
  • Mental Incapacity

If you have questions about whether you may vote in your state, contact the election officials in the jurisdiction (usually the county) where you wish to register and vote.

Ways To Vote

  • Vote in person at your designated polling place on Election Day
  • Vote early in person at your designated early polling place
  • Request a mail-in/ absentee ballot if available and vote by mail

1,2,3 View the printable factsheet for additional information on U.S. Citizenship and Naturalization requirements for voting.

Questions About Your Voting Eligibility? Contact An Experienced Immigration Attorney

Unlawful voting may affect your eligibility for certain immigration benefits and lead to removal proceedings. If you or your family members have any questions about your voting eligibility, it is important to consult with a qualified immigration attorney. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or schedule a consultation.

Printable Factsheet To Help You Understand Who Can Vote In The U.S. Presidential Elections

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Who Can Vote in the U.S. Presidential Election?

Who Can Vote in The U.S. Presidential Election?

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