Legal Question in Immigration Law in California

What happends if you marry on a tourist visa?

Does my husband get deported if he comes here on a tourist visa and we get married? (Even though the marriage is very real!)


Asked on 2/02/09, 8:14 am

5 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: What happends if you marry on a tourist visa?

Yes you can fix this problem, if you are in Southern California contact my office.

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Answered on 2/02/09, 6:06 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: What happends if you marry on a tourist visa?

It's important to have temporary intention when visiting the U.S. This is not difficult to prove in many cases as those betrothed can have various plans, one of which is legitimate visiting. Rarely is this an issue when a spouse of a U.S. citizen marries with a tourist visa, however there is a possibility of issues. I've handled thousands of cases over 30 years whereby an alien secures permanent residence through marriage to a U.S. citizen. Don't fear being deported. I've never seen that happen with the facts you present. In all likelihood he could process the case within the U.S., obtain employment authorization

, and depending on whether and when his status expires/expired, he can also get a permit to travel while the case is pending.

If he's not here yet, and he is certain to apply for permanent residence, there are other options as well, depending on whether he might first qualify for a temporary work visa, a fiance visa or process for the green card from abroad.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 2/03/09, 2:07 am
Michael Cho Law Offices of Michael Cho

Re: What happends if you marry on a tourist visa?

The proper visa to apply for when you plan to marry and immigrate to the U.S. is the K-1 fiancee visa (or the K-3 spouse visa if you are already married).

You may find background information here as well that may prove helpful:

http://www.msclaw.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=3&cntnt01returnid=71

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Answered on 2/02/09, 8:19 am
Gabriel Jack Muston & Jack P.C.

Re: What happends if you marry on a tourist visa?

While it is not necessarily a deportable action if one arrives in the United States on a Visitor Visa and then later decides to marry a US Citizen, there will be an issue regarding one's intent if he or she enters the United States with the preconceived intent to marry and file an immigrant petition in the United States.

feel free to contact my office for an appointment. the intial consultation is just $80.

regards,

Gabriel D. Jack

Attorney at Law

408.293.2026

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Answered on 2/02/09, 9:35 am
Joshua Hale Hale Law Group

Re: What happends if you marry on a tourist visa?

There are legal ways to bring your husband. You should try the legal way before you resort to any means that are less than legal.

Get your marriage off to a good start.

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Answered on 2/02/09, 12:20 pm


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