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

[ppihtr123 68]

All I ask is that you support your assertion. Neither the New York requirements posted on their site nor their sample application/license support your claim.

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

http://www.health.ny.gov/vital_records/docs/marriage_certificate_sample

[Harsh_77 718]

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.

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...

Immigration is not vague on what you can do and what you cannot do, you got to be familiar with what you are trying to do.

Once you are married in India, the marriage certificate from India is valid and recognized in US as well.

As mentioned in some state I guess you can get married again but then you will have to look into implication of having 2 marriage certificates with 2 dates.

Best advice is you can have another marriage ceremony (celebration) in US to meet her family and friends.

Now back to your original question can you enter using B1/2 it will completely depend on the officer at POE, you will have to prove solid ties as there can be chances of fraud.

Lot of ppl who are married to USC enter using B1/2 and once they enter US they have change of heart and apply for AOS which is very common loop hole abused often.

Another thing forgot to include was never lie to immigration officer - you never know when that lie will come and haunt you.

Edited May 14, 2013 by Harsh_77

[usaindia 0]

Immigration is not vague on what you can do and what you cannot do, you got to be familiar with what you are trying to do.

Once you are married in India, the marriage certificate from India is valid and recognized in US as well.

As mentioned in some state I guess you can get married again but then you will have to look into implication of having 2 marriage certificates with 2 dates.

Best advice is you can have another marriage ceremony (celebration) in US to meet her family and friends.

Now back to your original question can you enter using B1/2 it will completely depend on the officer at POE, you will have to prove solid ties as there can be chances of fraud.

Lot of ppl who are married to USC enter using B1/2 and once they enter US they have change of heart and apply for AOS which is very common loop hole abused often.

Another thing forgot to include was never lie to immigration officer - you never know when that lie will come and haunt you.

Thanks

Can you define solid ties?

Contract, return ticket enough, signed letter from employer stating that I am working in India? What else do I need?

Also, how is saying that I am visiting family and friends lying. Technically I am doing that...

Edited May 14, 2013 by usaindia

[Harsh_77 718]

Thanks

Can you define solid ties?

Contract, return ticket enough, signed letter from employer stating that I am working in India? What else do I need?

Also, how is saying that I am visiting family and friends lying. Technically I am doing that...

Solid ties varies from situation to situation, in most cases what you said would be considered solid ties in your case as per me they are not solid ties but that’s upto immigration officer to say.

If the officer believes you going to enter and file for AOS.

Returnticket – can be forgone

Employeer letter does not mean anything as you have intent to immigrate at sometime, one can always resign.

If you would do you have any immediate relative in US are you going to disclose your wife is USC?

Don’t get into technically it is … ummm it is not coz once the officer deems you lied there is no remedy to it.

[Anna Grant 169]

Can you define solid ties?

Contract, return ticket enough, signed letter from employer stating that I am working in India? What else do I need?

Although this list is for K1, it is still useful in your situation:

http://www.visajourney.com/content/k1visit

[SerenityNOW 11]

This is an interesting question. I did the same - married abroad, and I intended to have a ceremony here in the U.S. as well, but never got around to that.

Anyway, I wondered about this topic. Here is something that talks about "secret" marriages, which yours/ours is not, but much the information it applies, as it discusses a 2nd public ceremony.

FYI I don't trust about.com as the ultimate source of accurate information, but re: some states allowing more than one license, the link above specifically references New York, and if you click through, you find that:

If a couple is already legally married to one another, and they want to have a second wedding ceremony, and if an officiant requires a marriage license, the couple may apply for a second or subsequent license from the Town or City where they were married.

Other FYI, you don't *need* an American marriage certificate for anything here - I have used my Bulgarian one (with translation of course!) for Social Security name change, passport name change, American Airlines name change, etc etc and it has never been a problem.

I don't think you have to lie to anyone @ POE. I think it would be hard to avoid telling them your wife is a USC - but you guys live in India, right? Just as the others above have advised, bring lots of proof you aren't leaving there any time soon ... proof of housing and employment are ideal. Like someone else said, nothing is really "proof" though, so you just have to convince whomever is checking your information that you have no intention of staying in the U.S.

Hope it all works out whatever you do! (I really wish I had had a 2nd wedding ceremony with *my* family and friends...).

[Jughead 3]

I don't think there is really an issue here that you need to worry about. I am not an expert. But, your marriage certificate from abroad is considered legal here in the US. You can just have a wedding ceremony in the US to celebrate the marriage. In my case, my wife and I got married in Japan. When she moves back to the US we're going to have a religious ceremony (which doesn't make a marriage legal) and reception for our family/friends here. I already talked to my priest and he said that it is perfectly acceptable to do that since the church is not the legal part of the marriage. Going before your municipality to get the certificate is what makes the marriage legal. But in your case that was already done in India. You should just be able to go ahead a do a ceremony and celebration that fits your needs.

Edited May 14, 2013 by Jughead

[Morningmist 76]

You can have the ceremony but not register it or get a marriage license. I did the opposite. I had a legal court marriage in the US but went back to India to do the Indian ceremony. We did not register our marriage with the Indian government nor did we request a license. It was more to get blessings from family. So you can get a religious non legal ceremony. When I sent my AOS and I-130 I showed them my US marriage certificate because that was the date we were legally married.

[skiptex 225]

my cousin and aussie wife got married in both countries..

[Morningmist 76]

Did they register the marriages in both countries or just had the ceremony in both?

[Harsh_77 718]

Atleast for India I can say you do not need to register twice.

Indian marriage certificate is in English and is recognized by all the govt depts in US.

[Hypnos 6,579]

Texas is another state where people already married to each other can legally remarry each other again (obtain a marriage licence, etc.).

And as for New York State: http://www.huntingtonny.gov/department_details.cfm?ID=19

"Couples who were married in New York State, other states or countries, who wish to obtain a marriage license for a second ceremony (whether civil or religious) must provide an original or certified copy of their Certificate of Marriage."

So yes it is legal, they just need to show a certified copy of their existing marriage certificate, but they will receive another one from New York.

Edited May 14, 2013 by Hypnos

[Harpa Timsah 13,260]

Okay, so OP, your thread got derailed.

The issue is you are married to a USC and you are seeking a tourist visa for legitimate visiting. Whether or not you get married again doesn't change anything. Your Indian marriage is good enough to be married in the US, but you can marry again (at least in some places).

So, you should be prepared to show strong ties to home and prove that you will not immigrate on a tourist visa. I think if you are approved for a new tourist visa now, then your chances for entry into the US are very high. Good luck.

[usaindia 0]

Thank you everyone, really appreciate all the advice...I'm pretty confident things will go well at immigration, when i get to the states in about 2 months...

[hikergirl 277]

All I ask is that you support your assertion. Neither the New York requirements posted on their site nor their sample application/license support your claim.

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

http://www.health.ny.gov/vital_records/docs/marriage_certificate_sample

http://www.cityclerk.nyc.gov/html/marriage/faq.shtml#status

Q. Can I have both a religious and civil ceremony?

A. Yes. Many couples choose to have a civil Marriage Ceremony prior to a religious Marriage Ceremony. You may marry the same person more than once.