Many couples believe that a foreign national fiance (or fiancee) can simply enter the United States on a tourist visa, get married and then stay in the United States without leaving the United States and without facing any consequence. This idea is very appealing to couples as they do not want to wait for six months to a year for a K-1 fiancee visa or K-3 spousal visa to be approved. They are in love, they want to be married, why shouldn’t they be allowed to quickly be together?
Unfortunately, reality is often very harsh to those couples who decide to forgo the K-1 fiancee visa and K-3 spousal visa. Often a couple will be accused of making a misrepresentation while they were applying for a visa and/or entering the United States. The immigration agency often concludes that the foreign national’s temporary visa application intentionally hides the fact that he or she has a U.S. citizen spouse, fiance, or fiancee. When a person applies for a tourist visa (or a student visa, or most other visas) he or she is seeking a temporary visa and is expected to leave the United States at the conclusion of his or her authorized stay.
If a couple is found to have misrepresented their relationship, the foreign national spouse will likely be required to leave the United States, and may face immigration consequences for the misrepresentation – including the possibility of being barred from entering the United States.
As you can tell – it isn’t wise to forgo the K-1 fiancee visa or K-3 spousal visa. If you are marrying a U.S. citizen, or if you are already married to a U.S. citizen, please contact a family immigration lawyer to assist in your immigration to the United States.
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