Planning to marry a U.S. citizen or green card holder? That's a thrilling step in your life! But before you book that flight to visit your fiancé in the United States, there are some essential things you should know. Namona, a trusted family immigration law firm, is here to guide you through the process and help you make informed decisions about your visit. Let's dive into the details!
Visiting Before Filing a K-1 Petition: What to Consider
If you're planning to marry a U.S. citizen or green card holder, you may be thinking about visiting them in the United States before the big day. If your fiancé hasn't yet filed an I-129F petition for a K-1 fiancé visa, the U.S. government won't be aware of your upcoming wedding plans. This generally means you can visit the U.S. on a temporary visa, like a tourist visa, without too much trouble.
However, honesty is crucial. If a U.S. Citizenship and Immigration Services (USCIS) or Customs and Border Protection (CBP) officer asks who you're visiting, be truthful. Misrepresenting your situation can cause serious issues down the road when applying for a fiancé visa or green card.
To avoid complications, make sure you have evidence of your intent to return to your home country after your visit. This could include proof of ongoing employment or education, a return ticket, or a lease agreement. Showing these ties to your home country can reassure U.S. officials that you're not planning to stay permanently.
Visiting After Filing a K-1 Petition: Proceed with Caution
Things get a bit trickier if your fiancé has already filed an I-129F petition for you. This petition signals to the U.S. government that you're planning to move to the United States permanently, which can raise red flags if you try to enter the country on a temporary visa.
While it's technically allowed, traveling to the U.S. after filing a K-1 petition is not recommended. U.S. officials may scrutinize your intentions more closely, and there's a risk of being denied entry or turned away at the border.
If you do decide to visit, be prepared to show strong evidence that you'll return home before your temporary visa expires. Documents like employment contracts or proof of future travel plans can help.
After Receiving Your K-1 Visa: Stay Put!
Once your I-129F petition is approved and you have your K-1 visa, you can't make casual visits to the United States anymore. The K-1 visa is for a single entry, so when you arrive in the U.S., you'll need to stay until you get married.
There is one exception: you can take short trips to Canada, Mexico, or certain nearby islands using automatic visa revalidation. But be cautious—make sure you fully understand the risks before leaving the U.S.
Remember, your K-1 visa must be used within six months of approval, and you must marry within 90 days of arriving in the U.S. If you don't, you'll have to start the whole process over again.
Marrying Without a K-1 Visa: Risky Business
It's possible to enter the U.S. on a temporary visa, such as a tourist visa, and get married while you're there. However, this can be risky. USCIS will closely examine your green card application to see if you misrepresented your intentions when you first entered the country.
If you get married or apply for a green card within 90 days of arriving in the U.S., your case will be subject to extra scrutiny. You’ll need to convince the officer handling your case that you didn't plan to marry or stay in the U.S. when you arrived—a tough task, and not without its risks.
Namona Is Here to Help
Navigating the U.S. immigration system can be challenging, especially when love and marriage are involved. At Namona, we specialize in family immigration law and are dedicated to helping couples like you successfully navigate this complex process. Whether you're planning a temporary visit or preparing to move permanently, our team is here to guide you every step of the way. Contact us today to ensure your journey to the United States is as smooth as possible!
