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usaindia

Can I enter the US on a Tourist Visa, already married, and have a second ceremony in the USA?

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Filed: Timeline
Posted

Hello,

I am an Indian citizen who has visited the USA 5-10 times in my life. I had a 10 year US visa, which expired two years ago, and then renewed that visa for another 10 years. My current tourist visa will expire in 2020.

I work at an American School in India, and met a US citizen, who I married this March. We got married in India for the benefit of my family members, and plan on getting married in the USA this summer for her family members sake.

I will be getting an Indian marriage certificate before I depart for the United States.

Questions:

When I get to US immigration at the airport , do I say I am just coming to visit friends and family, or should I be completely truthful and tell them my intentions? (Intentions, already married in India, having a second ceremony in the USA, will be leaving about a week later, to India where I am residing and employed)?

The second question, which would apply if I say that I am visiting family, or if that I'm coming to get married is: Can I apply for a US marriage certificate as well?

From my research the only way this could be fraud is if I intend on staying in the USA permanently. In addition, I have been to the United States multiple times which should increase my credibility, so should I just be totally honest? I intend on bringing my original marriage certificate, my contract in India, and proof of residence.

Posted

If you are already married you can NOT get married in the US without divorcing first. If you are not free to marry, you will not be coming to the US to marry but rather to attend a party (celebration) where you will visit with family and friends. You will not be issued a marriage license in the US unless you lie to the US issuing agency which will later haunt you.

Finished!

Filed: Timeline
Posted (edited)

I am marrying the same person. Like I said, we got married in India for my family, and we are getting married in America for my wifes. Both marriages are with the same person...

Why would I lie to the US marriage certificate issuing agency, by getting a second marriage license to the SAME person? I would merely have a license in India, and America...

Edited by usaindia
Filed: Timeline
Posted

Oh okay, thanks. So should I just say we are getting a reaffirmation ceremony, instead of saying that we are having a second wedding? In that case, is it still wise to have my marriage license, proof of employment in India?

Filed: AOS (apr) Country: Venezuela
Timeline
Posted

you will need to show strong ties.. of going back..

but its up to the CO to let you in

K101/17/2012.....I-129F ..... sent to Dallas, Texas

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02/16/2013.....Married!!

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ROC-I-751
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01/26/16 ROC Letter arrived
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Posted

It is a language thing.

1. You are already married so you are not coming to the US to marry, get a license to marry or a certificate of marriage.

2. As you are not getting married in the US, you can call it anything you want; party, visit, celebration, etc. with family and friends as that is what it is. There will be no legal ceremony so you get to name it.

3. If asked if you plan on marrying in the US, the answer is no as you are already married.

4. I would recommend you do not use the following words to describe what you are doing as they are often confused with legal implications. Marriage, license, ceremony, joining.

Finished!

Posted

You don't need to mention your plans unless asked directly.

In some states you can marry the same person over and over legally so the comments to the contrary about that are off the mark.



It is a language thing.

1. You are already married so you are not coming to the US to marry, get a license to marry or a certificate of marriage.

2. As you are not getting married in the US, you can call it anything you want; party, visit, celebration, etc. with family and friends as that is what it is. There will be no legal ceremony so you get to name it.

3. If asked if you plan on marrying in the US, the answer is no as you are already married.

4. I would recommend you do not use the following words to describe what you are doing as they are often confused with legal implications. Marriage, license, ceremony, joining.

1. Not true everywhere.

2. She could be getting married in the US...

etc.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

You think that's going to be a big problem? Are the documents that I listed enough? I would think that a copy of my contract, and a letter from my employer is pretty strong.

First it is always up to the CO for the final answer.

With that said, if you have not had problems in the past, you shouldn't now. Always safe to have your employment contract with you, return flight information, where you are staying, etc. It wouldn't hurt to have your marriage cert with you in case the CO thinks you are coming to get married to show that you already are but you didn't have that the last time you came through.

Finished!

Filed: Timeline
Posted (edited)

It is a language thing.

1. You are already married so you are not coming to the US to marry, get a license to marry or a certificate of marriage.

2. As you are not getting married in the US, you can call it anything you want; party, visit, celebration, etc. with family and friends as that is what it is. There will be no legal ceremony so you get to name it.

3. If asked if you plan on marrying in the US, the answer is no as you are already married.

4. I would recommend you do not use the following words to describe what you are doing as they are often confused with legal implications. Marriage, license, ceremony, joining.

A ceremony is a legal implication? It's hilarious how immigration, doesn't specify what you can and can't do. It totally seems like, they are as vague as possible so that you do mess up.

First it is always up to the CO for the final answer.

With that said, if you have not had problems in the past, you shouldn't now. Always safe to have your employment contract with you, return flight information, where you are staying, etc. It wouldn't hurt to have your marriage cert with you in case the CO thinks you are coming to get married to show that you already are but you didn't have that the last time you came through.

Just visited last December..>We were engaged...

So I didn't have the license last time. but I'll keep all those documents with me for sure...

Edited by usaindia
Posted

You don't need to mention your plans unless asked directly.

In some states you can marry the same person over and over legally so the comments to the contrary about that are off the mark.

1. Not true everywhere.

2. She could be getting married in the US...

etc.

Can you share which states you are allowed to get married if you are already married?

Finished!

Posted

Can you share which states you are allowed to get married if you are already married?

I don't know the laws of every state in the country.

I do know that you can get remarried over and over to the same person in New York State.

In NJ you can get a renewal of vows license, which is a bit different, but still something that goes through the government.

The OP is married - that is true. So for visiting purposes the hoop to jump through is a person married to a USC. The marriage in the US doesn't change anything about their B2 entry. But they don't need to get divorced or anything.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

I don't know the laws of every state in the country.

I do know that you can get remarried over and over to the same person in New York State.

In NJ you can get a renewal of vows license, which is a bit different, but still something that goes through the government.

The OP is married - that is true. So for visiting purposes the hoop to jump through is a person married to a USC. The marriage in the US doesn't change anything about their B2 entry. But they don't need to get divorced or anything.

It is news to me and to New York apparently....

http://www.cityclerk.nyc.gov/html/marriage/license.shtml

Required Information

Listed below is the information you will need to fill out the Marriage License Application:

  • The application is an affidavit where you and your prospective spouse must list your name; current address; city, state, ZIP code and country; country of birth; date of birth; name and country of birth of your parents; Social Security number; and marital history.
  • When you sign the affidavit, you are making a sworn statement that there are no legal impediments to the marriage.
  • If you were married before, you must list all prior marriages. You must include your previous spouse's full name; the date the divorce decree was granted; and the city, state, and country where the divorce was issued.
  • All divorces, annulments, and dissolutions must be finalized before you apply for a new Marriage License.
  • You may be asked to produce the final divorce decree.
  • If your spouse is deceased, you must provide such spouse's full name and date of death.

Finished!

Posted

It is news to me and to New York apparently....

http://www.cityclerk.nyc.gov/html/marriage/license.shtml

Required Information

Listed below is the information you will need to fill out the Marriage License Application:

  • The application is an affidavit where you and your prospective spouse must list your name; current address; city, state, ZIP code and country; country of birth; date of birth; name and country of birth of your parents; Social Security number; and marital history.
  • When you sign the affidavit, you are making a sworn statement that there are no legal impediments to the marriage.
  • If you were married before, you must list all prior marriages. You must include your previous spouse's full name; the date the divorce decree was granted; and the city, state, and country where the divorce was issued.
  • All divorces, annulments, and dissolutions must be finalized before you apply for a new Marriage License.
  • You may be asked to produce the final divorce decree.
  • If your spouse is deceased, you must provide such spouse's full name and date of death.

You are misreading something intended for people divorced with other people.

I am not going to waste my time going in circles about this. You can find it on your own.

It's news to you but not news to the world.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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