Everybody is keen to know whether it is possible to head to the US on a tourist visa to tie the knot and then apply for adjustment of status, seeking permanent residence. Well, you would be glad to know that it is very much possible if you are on a B-1/B-2 tourist visa or a visa waiver programme. However, you should be able to prove with solid evidence to the Customs and Border Protection (CBP) officer that you would return to your home country after the marriage. Hence, you need to come with lease agreements, letters from employers, a return ticket and/or evidence that your US Citizen spouse will accompany you to your home country. Now, Let’s go through the things that should be kept in mind prior to getting hitched on a US tourist visa.
Prove That The Intention Was Solely To Get Hitched In The US
The people coming to the US on a tourist visa should prove to the United States Citizenship and Immigration Services (USCIS) officials that they are in the country only to get married, nothing more and nothing less. But if the USCIS personnel somehow sniff that in the garb of getting married you are trying to reap immigration benefits then they can easily reject your application for adjustment of status. This can lead to deportation proceedings. So, you should prove through relevant documents that your marriage was in good faith.
Visa Fraud Entails Huge Risks
There is a 30/60 days rule for consular officers to assess if a person has committed visa fraud or not. The ’30/60 day rule’ makes it very dangerous to seek a change of status or marriage-based adjustment of status within 60 days of coming to the US. If the officials come to know that there exists is a clear case of violating visa norms then the person can be barred from entering the US forever.
The Wedding Date Becomes Critical
If you enter the US to get married then the timing of the same can arose suspicion among USCIS while scrutinizing your case. And if the nuptial happens very early and you apply for Adjustment of Status, then it would lead to a conclusion that you came to the US with some ulterior motive, even if you have filed the Adjustment of Status application after 60 days. But if you arrive in the US for marriage and return to your homeland soon then the timing becomes totally irrelevant.
In The Event Of Rejection Of Adjustment Of Status
There are chances of Adjustment of Status being denied by the officials in the US. If that happens, the USICS might pass on your case to Immigration and Customs Enforcement to
initiate the deportation proceedings. Also, if you have arrived in the US as a visa waiver applicant, then you also lose the right to fight your case in front of an immigration judge. Apart from your true intentions, the reasons for rejection of Adjustment of Status can also be due to a past criminal record, health issue or previous sanction.
Don’t Leave Immediately After Marriage
If you have come to the US with the sole objective of marriage, then it is in your best interest not to leave the country without applying for and getting Advance Parole or Green Card. If you exit without the same, then your Adjustment of Status application will be left out, leading to rejection. This might force you and your spouse to begin the immigration proceedings afresh, and the concerned parties would not be allowed to enter the US as well.
