Is a fiance visa always required when marrying an foreigner?

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Is a fiance visa always required when marrying an foreigner?

My boyfriend is Australian and I’m a US citizen. If we want to get married in the states but not live here, do we still need to apply for the K-1 fiance visa or can he just come over on his regular visa since we won’t be applying for a change of status for him or anything like that.

Asked on July 19, 2016 under Immigration Law, Washington

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is not required if all you want to do in the US is get married and he will not be living or working in the US.  You can simply get married.  You need to find out what the requirements are for the place where you will get married but typically a residency requirement is only for one spouse.  If marrying in vegas, for instance, neither needs to have residency.


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