If you’re planning to marry a U.S. citizen or green card holder, you might be wondering whether you can visit them in the United States beforehand. While the process can be tricky, understanding your visa options and the rules involved will help avoid any future issues.
Visiting Your Fiancé Before Applying for a K-1 Visa
If you haven’t yet filed a K-1 fiancé visa petition, you can still visit your fiancé in the U.S. using a tourist visa, like the B-2 visa. However, it’s crucial to be honest if a U.S. immigration officer asks whether you’re engaged to a U.S. citizen or green card holder. Misrepresenting your intentions can harm your future green card application.
When visiting, be prepared to show that you have strong ties to your home country and plan to return before your visa expires. Documents such as a job contract, proof of studies, or a return flight ticket can help demonstrate this.
Important: Never lie or misrepresent your intentions when visiting the U.S. This can seriously affect your eligibility for a green card.
Visiting After Your Fiancé Has Filed a K-1 Petition
If your fiancé has already submitted the I-129F petition for you, things get more complicated. Since the petition shows your intention to marry and stay in the U.S., immigration officers may suspect that you plan to stay permanently, even if you’re traveling on a temporary visa.
Although traveling before the K-1 visa is approved is technically possible, it is not advised. USCIS and CBP officers may deny your entry, suspecting you might overstay. In some cases, you could be denied a visa at the border or entry point.
It’s safer to wait until your K-1 visa is approved. If you do travel before receiving it, make sure you can provide evidence of your ties to your home country to show you intend to return.
Important: Again, honesty is key. Misrepresenting your reasons for visiting or your relationship status can jeopardize your future visa and green card application.
Visiting After Receiving a K-1 Visa
Once your I-129F petition is approved and you receive a K-1 fiancé visa, you can no longer use a tourist visa to visit the U.S. The K-1 visa is specifically for those coming to marry in the U.S. and must be used within four months of approval.
When you enter the U.S. on a K-1 visa, you are required to marry your U.S. fiancé within 90 days. If you don’t marry within this time, you will have to start the application process all over again. There is one exception: if you travel to Canada, Mexico, or some nearby islands, you may use automatic visa revalidation to re-enter the U.S. within 30 days, but this comes with some risks.
Important: The K-1 visa has a time limit. If you don’t marry within 90 days, you’ll need to start over.
Marrying in the U.S. Without a K-1 Visa
It’s possible to come to the U.S. on a tourist visa (B-1/B-2) and marry your fiancé while you’re there. However, this is risky. USCIS will closely examine whether you misrepresented your intentions when you entered the U.S., especially if you apply for a green card soon after marriage.
The “90-day rule” means that marriages or green card applications that happen within 90 days of entry can raise suspicions of fraud. If you marry or apply for a green card too soon, immigration officers may believe you misled them when you entered on a temporary visa.
To avoid issues, it’s best to either wait until 90 days after entering the U.S. to get married or apply for a K-1 visa if you plan to marry during your visit.
Important: Misrepresentation of your intentions or lying about being engaged or married to a U.S. citizen or green card holder can damage your chances of obtaining a green card.
Navigating U.S. immigration law can be tricky, especially when it comes to visiting your fiancé. Always ensure you’re honest with immigration officials and understand the potential consequences of your actions. For the smoothest process, it’s generally best to apply for the appropriate fiancé visa before entering the United States.
