I want to marry my fiance/fiancee who is here in the US on a visa, can I marry him/her here in the U.S, and if I do, will he/she be sent back to his/her home country until the I-130 is approved??
If your fiance/fiancee is currently in the U.S legally on any type of visa other than the J-1 visa (the J-1 requires a waiver), and you are a U.S citizen, then you CAN marry him/her, and he/she will NOT be sent back to his/her home country unless the marriage took place while the spouse was under deportation or if your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage. (This is considered immigration fraud.) However, you must immediately file your I-130 along with forms I-485 and I-765. If your fiance/fiancee DID come to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed instead of the I-130 to avoid a denial or deportation. If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should b
Related Questions
- I want to marry my fiance/fiancee who is here in the US on a visa, can I marry him/her here in the U.S, and if I do, will he/she be sent back to his/her home country until the I-130 is approved??
- Can a K-3 holder, in case of emergency, go to her home country using her K-3 visa and safely return to the United States?
- When I marry my fiancee while shes in the U.S.A. on the K-1 visa, will she have to return back home after we marry?
