Can my Fiancé Enter the US without a Visa to Come Here so We Can Get Married?

I’m often asked whether somebody can enter in the United States without a Visa so they can marry their fiancé. In general, most people require a Visa to enter the United States. If you’re from a country that doesn’t require a Visa, usually it’s called Visa Waiver Program, then you don’t need a Visa to enter, but, you will need a passport to show that you are from that country to enter the United States. If you’re coming into the United States for the sole purpose of getting married, that is okay. However, if you’re entering the United States with the purpose of getting married and then living here subsequently after that, it’s really not a proper way to enter the United States. If you’re coming with a Visa, such as a visitor’s Visa, or as a Visa Waiver Program, then the intention of your entry, according to immigration, is that you’re coming here for a visit, not the intention to live in the United States. Therein lies the difference. You want to make sure you’re not coming in with the intention to live here because immigration might consider your application and your entry to be fraudulent. If you are thinking that you want to get married in the United States to your fiancé and, ultimately, live here, it’s very important to discuss with an immigration lawyer the consequences of entering on Visa Waiver which is really the only way somebody can come in without a Visa. Discuss options such as a fiancé Visa or marriage processing the case overseas. There are many lawyers in New York City and I would highly recommend discussing that in person with an experienced immigration lawyer in New York.

Cheryl David is an experienced immigration attorney in NYC. Click here to contact her with questions and get your free initial consultation.