Can I Get Non-Immigrant Visa If Married to US Citizen?

Yes, you can apply for a non-immigrant visa (such as a visitor, student, or work visa) even if you are married to a U.S. citizen — but approval depends on proving that you plan to return to your home country after your temporary stay.

???? Understanding the Core Issue — Intent

U.S. immigration law focuses heavily on “immigrant intent”.

Since being married to a U.S. citizen naturally suggests a possible intention to live in the U.S. permanently, the consular officer will examine your application closely to ensure that your trip is truly temporary.

To get a non-immigrant visa, you must show that:

You have a clear purpose for your short visit (tourism, studies, or work).

You do not plan to immigrate during this trip.

You have strong ties to your home country that will bring you back.

???? How to Prove You’re a Genuine Temporary Visitor

Provide evidence that demonstrates your strong connection to your home country, such as:

A stable job or business you’ll return to.

Property ownership, lease, or financial investments.

Close family ties (children, parents, dependents) living in your country.

Previous travel history showing you’ve respected visa rules.

A return ticket or travel itinerary with a fixed return date.

These documents help convince the officer that your visit will be short and lawful.

???? Visa Options and Scenarios

Situation Visa Type Remarks

Visiting your spouse temporarily B-2 Tourist Visa Possible, but must prove you’ll return home

Studying in the U.S. F-1 Student Visa Allowed with strong academic purpose and home ties

Working for a U.S. employer H-1B or L-1 Work Visa Possible with employer sponsorship

Planning to live permanently with your spouse CR-1 / IR-1 Immigrant Visa Recommended route for permanent stay

⚠️ If an Immigrant Petition (Form I-130) Has Been Filed

If your U.S. citizen spouse has already filed Form I-130 (Petition for Alien Relative) on your behalf, the consulate knows you intend to immigrate.

In this case, getting a non-immigrant visa becomes very difficult, and you should instead pursue the immigrant (spousal) visa process for a green card."