Will a US citizen marrying a foreigner on tourist visa in the US, hurtthe tourist’s chances for immigration?

I am a US citizen who plans on marrying my fiancee when she comes over in a week on a tourist visa. She will be here a couple weeks before going back to England for work and plans to move in a few months back to the US permanently. Is this a bad way to go about all this? Will she be able to travel and come back?

Asked on December 12, 2010 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should be fine.   Generally speaking it is perfectly legal to enter the United States to marry someone on a travel visa as long as you go home when the visa expires.  You can not enter on a travel visa with the intention of staying here in the United States. What I would suggest that you do while she is here is seek help from an Immigration attorney to put the wheels i to motion to secure the necessary spouse so that she may then re-enter the United States once things in England are cleared up.  I am not sure what her capabilities to travel back and forth during those months will be.  The attorney can best let you know.  Good luck and Congratulations.


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