Legal Question in Immigration Law in Oklahoma

marrying on a visitors visa

im confused, Ive read some blogs that say its illegal to marry while on a visitors visa and others that say you can, then apply for residency right after marriage and beore the 90 days visa period is up. Can you please clear this up for me? I am a usc and my bf is from the UK he's working on a vistors visa now but what if we did decide to marry while he's here? Is that ok, and can he then stay legally? Thank you so much


Asked on 4/05/08, 3:27 pm

2 Answers from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: marrying on a visitors visa

Whoa! Be careful of the blogs since you have 3-4 issues in that one paragraph that many others may not. You can marry on a visitor's visa but if you marry too soon it will appear as if you intended to marry and not to return to your home country (visitors are supposed to have "temporary intent"). Second, is your bf on a visitor's visa or did he come here on the visa waiver program (which many UK citizens do). In the latter situation he would have to return home to get his visa or green card. You said that he is working on a visitor's visa. That concerns me. He should not be working. If he is here on a B-1 visa there is a limited scope of "work" that he may do but otherwise he may be involved in unauthorized employment - which you should be concerned about. Give me a call and in 5 minutes we can sort out the situation and possibly put together a plan of action.

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Answered on 4/05/08, 5:58 pm
Glen Prior Pacific Law, Inc., P.S.

Re: marrying on a visitors visa

Although a person from the UK can come to the U.S. via a visa waiver (the visa waiver pilot program allows 90 days visiting) , boyfriend should spend more time with you in the U.S., and therefore seek a 6 month B-2 visa, even if he plans to return to the UK earlier. After a month or so, your boyfriend may decide to marry while in the U.S. . Since he came to the U.S. with authorization, he would be allowed to file for adjustment of status (Forms I-130, I-485 etc.), if otherwise not inadmissible due to crimes, nazi, terrorist, health etc.. It is important that when your boyfriend enters the U.S. on a B-2 visa that his intent is to leave the U.S. before the visa expires. If boyfriend enters the U.S. and immediately marries and files to adjust status, then it appears that boyfriend did not have the requisite non-immigrant intent to enter the U.S. with a non-immigrant visa (B-2 etc.). The 90 day pilot visa has restrictions. It is certainly NOT illegal to marry a person in the United States. It is only illegal to marry a person if the person is already married to another person. See http://immigrationflowchart.com (a free service) at end627 (marrying is a fundamental right), end345 (marriage to a foreign national), end403 (spouse even if separated). Glen

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Answered on 4/05/08, 8:47 pm


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