13

I am a retired Portuguese citizen and I want to marry a US citizen who is a war veteran. We first met in 1963 when I was an AFS exchange student in Sauquoit, NY.

I visited NY last October and we decided to get married since we are both divorced. I plan to travel to California, where he lives, and I want to know if it is possible for me to stay legally in the US. He is a war veteran with 100% disability, so will this help us in terms of him getting assistance for having a wife?

2
  • 1
    He can certainly petition for your immigration either before or after you marry, but I do not know enough about the financial requirements to say whether the petition is likely to succeed. I also don't know whether his status would help, but I suspect it wouldn't (feeling a bit pessimistic today, sorry :-)). It's also a fairly slow process. You would have an easier time with the immigration side of things if he were to move to Europe with you, but I suppose that might have an impact on his ability to continue receiving his disability support.
    – phoog
    Commented Jan 16, 2023 at 17:34
  • 2
    Are you currently in the US?
    – user102008
    Commented Jan 16, 2023 at 18:32

2 Answers 2

18

Yes, but you need to go through the appropriate application process. It's not an automatic right that doesn't require any paperwork.

Spouses of US citizens are eligible for Green Cards (permanent residence). There are certain things that will make you ineligible, such as having a communicable disease or having been convicted of certain crimes, but generally spouses get approved for Green Cards unless there are unusual circumstances. However you do have to go through the appropriate procedure to get the permission to get the Green card. Also the process is very open to immigration fraud (a situation which is a staple of American sitcoms), and because of this immigration tends to scrutinize marriages quite closely.

You are also permitted to marry while in the US. You are then permitted to apply for "adjustment of status", which means you can apply for the Green Card and stay in the US while it is being processed.

However while you are allowed to marry while you are in the US, you are not allowed to travel to the US for the purpose of getting married and remaining in the US. If immigration suspects you are doing that, they are entitled to refuse you admission. This is part of the utter weirdness that is US immigration law.

Alternatively, if you are certain that you want to marry, then you can apply for a K-1 fiance visa, sponsored by your partner. This is easier to get than a general immigration visa. It allows you to marry once you reach the US and to apply for adjustment of status to remain there.

Because this is so complex I strongly recommend you hire an immigration lawyer to sort this out. They will guide you as to which route is better for you.

EDIT: To answer the question " if I was staying in the US for a long time, and then decided to get married would that be considered evidence that I had travelled to get married" - I don't know, and that's why it's a good idea to get a lawyer. US immigration law is very complicated.

5
  • Would a K-1 fiancé(e) visa travel.state.gov/content/travel/en/us-visas/immigrate/… be a possible route?
    – Traveller
    Commented Jan 18, 2023 at 10:34
  • and it might be very appropriate to mention the application can be >= 1 year. It's very typical to have problems remaining in the US that entire time without some other status like authorized work
    – Mike M
    Commented Jan 18, 2023 at 12:45
  • @Traveller Thanks. I added that to the answer. Commented Jan 18, 2023 at 13:55
  • Does the ban on "traveling to the US to get married" include people who already have an agreed spouse in mind, or just opened-ended "I'll find a spouse while I'm here" trips? I.e., is there a difference between "I'm coming to the US to get married" and "I'm coming to the US to marry Joe Smith at 123 Main St, Anytown, CA"?
    – chepner
    Commented Jan 18, 2023 at 15:11
  • 1
    I think if anyone admitted to "I'm coming to the US to find a random person and marry them" that would automatically be considered a "marriage of convenience" and considered invalid for immigration purposes. Seriously neither is allowed under a normal visitor visa if you intend to remain in the US. That's why the K-1 exists. Commented Jan 18, 2023 at 15:20
1

You need to consult an immigration attorney. See https://www.ailalawyer.com/ if you need assistance locating one. This is the only way you will be able to receive accurate advice addressing your specific situation.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.