Friday, December 17, 2010

Overview of Marriage Visas to the US

Overview of Marriage Visas :

The question of bringing your fiance(e) or spouse to the United States is quite complex and lengthy in nature. There are many conditions related to the marriage visas which are discussed below:

Contrary to common belief, a fiancee or spouse should not enter the United States on a tourist visa with an intent to stay and apply for a green card in due course by adjusting their status.

A further option for the spouse of a US citizen would be to obtain a green card directly from the US consulate or embassy in his or her native country before leaving for the United States, provided that the embassy or consulate will process the application.

Consequences of marrying a US citizen while on a tourist visa:

It is legitimate to come to the United States on a tourist visa or a US Visa waiver and marry a US citizen, provided that after doing so you actually intend to return to your home country. However if you enter on an tourist visa, marry a US citizen and subsequently apply for an adjustment of status, the USCIS would view it as an immigration fraud. Marriage visas should be used for the purpose it is meant for.

The 30/60/90 day rule is applied by the USCIS to determine if a tourist has commited a visa fraud:

The general thumb rule is as follows:

If an applicant applies for a green card adjustment of status within 30 days of his entering US, the intent to commit marriage visas fraud is presumed and the application in all probability will be denied.

If an applicant applies for a green card adjustment of status between 30-60 days, the presumption of visa fraud can be overcome by rebuttal.

If an applicant applies for a green card adjustment of status between 60-90 days, the presumption would be reversed unless there is evidence of a preconceived intent for visa fraud. In most cases the adjustment of status application will be granted

The marriage visa fraud suspicion seldom arises for an application that is filed after 90 days.

In almost all cases were a visa fraud is found, the consequence are bound to be severe. The applicant would be deported and could also be barred from entering the United States in the future.

The correct means of applying for a marriage visa:

  • Apply for a K-1 Visa. To be eligible for the K-1 visa, the foremost condition is that the fiance(e) should be marrying a US citizen and not a green card holder. The intending couple should have met within the preceding 2 years, and the US citizen should be able to financially support the overseas fiance(e).
  • Get married to the individual by traveling to his/her home country and then apply for a spousal visa (K-3 Visa)
  • Get married to the individual by traveling to his/her home country and then apply directly for a green card at the US embassy or consulate or petition for the spouse from the US.

Which of the above would be the fastest?

This would upon certain factors including, state of residence in the United States - generally based on the fact as to where the marriage visa application is filed, the policy and processing time of the US embassy or consulate.

The whole process is a complex one which should be addressed properly to avoid any problems.

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