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Getting married ... better do it now or get a visa fiance?

I'm European and I'm already in the US with a touristic visa (Visa Waiver Program). My boyfriend (who is an american citizen) and I want to get married.

The question is:
Should I go back to my country to be able to get a visa fiance to get married??
Can't I just get married now (since I'm already here) before my touristic visa expires?
Which is the best way?
Are there differences of time processing?
Can I apply, in both cases, for a green card?

Thanks!

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Attorney answers (1)

Reputation Level 14
There can be very serious complications if you marry while on a tourist visa, including the possibility of getting deported. If you decide to take that route you need to consult an attorney before you get married to discuss the steps you need to take a adjust status and the timing of the marriage. If the marriage takes place within 60 days, it can be extremely difficult to prove that you intended to return to your home country when you entered on the Visa Waiver. If you apply for the K-1 fiance visa, it will probably take about 5-8 months, depending on your home country. You will still need to adjust status when you renter the US in order to work and get your greencard. A final option would be to get married here in the US and then return home and apply for an immigrant visa. This is probably the least expensive (but slowest) option. There are many factors to consider. I would recommend a phone consultation with an experienced immigration attorney in order to fully dicuss the options and their individual time and cost considerations. Whatever you do, do not overstay the visa as you could be barred from reentering the US.

Sarah M. Cross
The Law Office of Sarah M. Cross
6984 Challis Rd
Brighton, MI 48116
Servicing all 50 States
800-681-2311 or 810-225-0953
www.lovevisas.com email sarahmaycross@aol.com

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