The Legal Status of US Citizens Married to Tourist Visa Holders
As a United States citizen considering marriage to a foreign national currently in the US on a tourist visa (B-2), it is important to understand the legal framework and necessary steps to ensure a smooth transition.
Understanding Tourist Visas and Intent
Admission to the US under a B-2 visa requires an applicant to declare non-immigrant intent, meaning they plan to stay temporarily for tourism, medical treatment, or visiting friends or relatives, without seeking permanent residency. Any misrepresentation of intent during the visa application and immigration interview process can lead to permanent inadmissibility.
Eligibility for Green Cards
To apply for a green card (permanent residency), currently residing in the US under a nonimmigrant visa such as a B-2 is not permissible. Instead, the non-US citizen spouse must apply for an immigrant visa or change their status to a permanent resident through the Adjusted Status process. This typically involves leaving the US to attend a consular interview.
Marriage and Legal Rights
Marriage in itself does not automatically confer the right to live in the US permanently. The American spouse must petition for your visa through the Consular or K-3 Spouse Visa. In some rare cases, especially for non-US citizens living in the US illegally, leaving the country may be necessary until the visa is approved. Overstaying the B-2 visa can result in deportation and future travel restrictions.
Navigating the Process
After the marriage, your spouse will often need to leave the US to complete the consular processing, which includes a physical exam, interview, and visa issuance. The entire process can take from several months to over a year, depending on the individual's situation and the backlog of applications.
To maximize the chances of a positive outcome, it is crucial to consult with an experienced immigration attorney. They can provide guidance on the best course of action, whether staying in the US while applying or leaving the country to apply for an adjustment of status. Misrepresentation can lead to further complications and increased difficulty in obtaining legal status.
Living Outside the US
If you and your spouse plan to live outside the US, you need to understand that there is no guaranteed procedure. The process involves getting married and then returning to your home country for consular processing. In this scenario, your spouse will need to meet with a consular officer and demonstrate the legitimacy of your relationship before a visa is issued.
Staying in the US with a Spouse
If you wish to stay in the US with your spouse, the best option is to apply for a spousal visa. There are special rules for Fiancé visas (K-1) and marriage visas (K-3). These require the American spouse to file the necessary paperwork and appear at a consular or court proceeding. Working with an immigration expert is essential to navigate the complex legal landscape.
The path to permanent residency can be challenging, but with the right guidance, it is possible. Consider consulting an immigration lawyer to ensure compliance with all laws and regulations to avoid potential complications.