marry US citizen on tourist visa and have religious ceremony but not legal ceremony

arul4mathur

New Member
Hello. Hoping for some guidance.

I am a US citizen. She is an Indian citizen. She has a 10+ year US tourist VISA that she has had since before she met me. My research indicates we have two options for marriage: she comes here on tourist VISA and then after 60+ days we get married or I file for a K-1 VISA but that can take an year.

With either of these options, will there be any issues with us doing a religious, not legal, ceremony in India before she comes or before she gets the K-1? So we'd have a "wedding" but it wouldn't be "official" as we wouldn't register it with the Indian government.

Any help is greatly appreciated.
 
Option one is not allowed if there is intent to adjust status (immigrate) by entering on a B2 visa. Upon entry, were to be no intention to immigrate, then changing one's mind after entry is allowed and will not be construed as fraud. At this point, it's clear there is intent to remain.

Another option would be to enter on a tourist visa, marry, and then leave the country to pursue the consular route. However, it is possible that she wouldn't be allowed entry when she states this intention, especially if her luggage shows proof of intent to immigrate immediately.

The religious ceremony is of no consequence except to establish intent.
 
Option one is not allowed if there is intent to adjust status (immigrate) by entering on a B2 visa. Upon entry, were to be no intention to immigrate, then changing one's mind after entry is allowed and will not be construed as fraud. At this point, it's clear there is intent to remain.

Another option would be to enter on a tourist visa, marry, and then leave the country to pursue the consular route. However, it is possible that she wouldn't be allowed entry when she states this intention, especially if her luggage shows proof of intent to immigrate immediately.

The religious ceremony is of no consequence except to establish intent.

Do you know how long the consular route takes?

And are you saying if we go K-1 we should not have a religious ceremony even if we do not legally register it?
 
Do you know how long the consular route takes?

And are you saying if we go K-1 we should not have a religious ceremony even if we do not legally register it?

It's okay to have a religions ceremony and then do K-1. Lots of people do that. If asked, just call it an engagement party.
 
I meant that a religious ceremony is most likely not legally binding, and of no consequence for a K1 visa. It does, however, establish intent to marry vis a vis entering on a B2 visa. So, the K1 route is fine.
 
why do you get married in india, and file a K3 for her, as a spouse of a USC she should joining you in 3-4 months ?
 
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