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Which visa to get married?

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  • Which visa to get married?

    I’m a little confused by the US immigration law if someone wouldn’t mind clearing this up for me:

    If I’m already in the US on a non-resident visa, can I marry a US citizen on that visa? Does it matter which non-resident visa I'm on?

    Or do I need to apply for a specific visa in order to get married?

  • #2
    Originally posted by SimonSays100 View Post
    I’m a little confused by the US immigration law if someone wouldn’t mind clearing this up for me:

    If I’m already in the US on a non-resident visa, can I marry a US citizen on that visa? Does it matter which non-resident visa I'm on?

    Or do I need to apply for a specific visa in order to get married?
    if you are in the US and you marry a USC you don't need to be on a specific visa to marry, however by coming on a non immigrant visa and getting married you are violating your visa and even if you apply for AOS that is still grounds for removal from the country after the application has been denied. The other alternative is to go home, and have your future spouse apply for a K1 fiance visa and come back on that visa and get married within 90 days of arrival. and then apply for AOS and there's no concern of removal because you entered in on a immigrant intent visa.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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    • #3
      Originally posted by krypton9591 View Post
      if you are in the US and you marry a USC you don't need to be on a specific visa to marry, however by coming on a non immigrant visa and getting married you are violating your visa and even if you apply for AOS that is still grounds for removal from the country after the application has been denied. The other alternative is to go home, and have your future spouse apply for a K1 fiance visa and come back on that visa and get married within 90 days of arrival. and then apply for AOS and there's no concern of removal because you entered in on a immigrant intent visa.
      It is not as simple as stated. There are many types of non-immigrant visas. For e.g., H1 and L1 are dual intent visas, and hence different from say a B1 which is a strictly non-immigrant visa.

      Coming back to OP's question: You do not need any specific type of visa to marry. You can go ahead and marry, and since you are in the US you can file for AOS (I485) along with a I130 petition. However, as suggested above you do stand the risk of being subjected to removal in case your AOS petition is denied (for e.g., due to lack of evidence of bonafide marriage, etc.)
      Last edited by scientist2016; 01-10-2019, 04:12 PM.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by scientist2016 View Post
        It is not as simple as stated. There are many types of non-immigrant visas. For e.g., H1 and L1 are dual intent visas, and hence different from say a B1 which is a strictly non-immigrant visa.

        Coming back to OP's question: You do not need any specific type of visa to marry. You can go ahead and marry, and since you are in the US you can file for AOS (I485) along with a I130 petition. However, as suggested above you do stand the risk of being subjected to removal in case your AOS petition is denied (for e.g., due to lack of evidence of bonafide marriage, etc.)
        Thanks very much for your replies. I am clearer now. Just to clarify:

        1. If I’m in the US on a non-immigrant visa for a few years and have established a relationship with a USC, then got married, there’s still a chance my AOS petition could be denied?

        2. Even though it’s a bonafide marriage, my AOS petition could be denied based on the fact I have established the relationship while on a non-immigrant visa?

        3. If I got married on an H1 or L1 duel intent visa and applied for AOS, there’s no concern of removal?

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        • #5
          Originally posted by SimonSays100 View Post
          Thanks very much for your replies. I am clearer now. Just to clarify:

          1. If I’m in the US on a non-immigrant visa for a few years and have established a relationship with a USC, then got married, there’s still a chance my AOS petition could be denied?

          2. Even though it’s a bonafide marriage, my AOS petition could be denied based on the fact I have established the relationship while on a non-immigrant visa?

          3. If I got married on an H1 or L1 duel intent visa and applied for AOS, there’s no concern of removal?
          1. Yes, but that has got nothing to do with your non-immigrant visa.
          2. No. See above.
          3. Yes.
          Just an opinion; Not legal advice.

          Comment


          • #6
            Originally posted by scientist2016 View Post
            1. Yes, but that has got nothing to do with your non-immigrant visa.
            2. No. See above.
            3. Yes.
            Thanks for that. Out of curiosity:

            1. Once we’re married and my AOS is approved, how long would I have to wait before applying for a Green Card?

            2. In deciding whether to issue me a Green Card, would the officer question why I established a relationship while on a non-resident visa?

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            • #7
              Originally posted by SimonSays100 View Post
              Thanks for that. Out of curiosity:

              1. Once we’re married and my AOS is approved, how long would I have to wait before applying for a Green Card?

              2. In deciding whether to issue me a Green Card, would the officer question why I established a relationship while on a non-resident visa?
              1. AOS approval is the green card.
              2. No.The questions would e related to establishing that the relationship is bonafide one.
              Just an opinion; Not legal advice.

              Comment


              • #8
                Originally posted by scientist2016 View Post
                1. AOS approval is the green card.
                2. No.The questions would e related to establishing that the relationship is bonafide one.
                1. Ahh ok. And after we've got married, is there a recommended wait time to apply for AOS or should I apply for it straight away?

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                • #9
                  Originally posted by SimonSays100 View Post
                  1. Ahh ok. And after we've got married, is there a recommended wait time to apply for AOS or should I apply for it straight away?
                  No wait time. Sooner the better.
                  Just an opinion; Not legal advice.

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