Marriage on Visitor's Visa and Applying for Stay

Yes, it is possible to marry someone who is on a visitor's visa in many countries and then apply for them to stay in the country. The specific process and regulations vary depending on the country in question. Below are general guidelines for doing this in a few countries:

United States

1. Marriage on a Visitor Visa (B-1/B-2):

o You can get married in the United States while your partner is on a visitor visa. However, it's essential to demonstrate that your partner did not enter the U.S. with the premeditated intent of getting married and applying for a green card.

2. Adjustment of Status (AOS):

o After marriage, you can file for an Adjustment of Status (Form I-485) to change your spouse's status from a visitor to a permanent resident (green card holder). You will also need to file Form I-130 (Petition for Alien Relative) to establish the relationship.

3. Considerations:

o The USCIS may scrutinize the application to ensure there was no visa fraud (i.e., entering the U.S. with the intent to circumvent immigration laws).

o It is advisable to consult with an immigration attorney to navigate the process properly.

United Kingdom

1. Marriage on a Visitor Visa:

o You can marry in the UK on a visitor visa, but your spouse cannot switch to a different visa category from within the UK.

2. Spouse Visa Application:

o After marriage, your spouse must return to their home country and apply for a UK spouse visa from there. The spouse visa will allow them to live and work in the UK.

3. Application Process:

o You will need to provide proof of your marriage, demonstrate sufficient financial means, and meet other eligibility criteria.

Canada

1. Marriage on a Visitor Visa:

o You can marry in Canada while your partner is on a visitor visa.

2. Spousal Sponsorship:

o After marriage, you can apply for spousal sponsorship (either inland or outland). Inland sponsorship allows your spouse to stay in Canada while the application is being processed, and they may also apply for an open work permit.

3. Requirements:

o Proof of genuine marriage, financial stability, and meeting the eligibility criteria for sponsorship are required.

Australia

1. Marriage on a Visitor Visa:

o You can get married in Australia on a visitor visa.

2. Partner Visa Application:

o You can apply for a partner visa (subclass 820/801 for onshore applications) after marriage. Your spouse will be able to stay in Australia while the application is processed.

3. Bridging Visa:

o Once the partner visa application is lodged, your spouse may be granted a Bridging Visa, allowing them to stay legally in Australia until a decision is made.

General Steps and Considerations

1. Ensure Legal Entry:

o Your partner must have entered the country legally and be in valid status at the time of applying for a change or adjustment of status.

2. Gather Documentation:

o Collect and prepare all necessary documentation, including proof of relationship, marriage certificate, financial documents, and any required forms.

3. Consult an Immigration Lawyer:

o Immigration laws and processes can be complex and subject to change. Consulting with an immigration lawyer can help ensure compliance with all legal requirements and increase the chances of a successful application.

4. Be Honest:

o Always be truthful in your applications to avoid issues related to misrepresentation or fraud.

References

• USCIS - Adjustment of Status

• UK Government - Marriage Visitor Visa

• Government of Canada - Spousal Sponsorship

• Australian Government - Partner Visa

By following these guidelines and ensuring all legal requirements are met, you can successfully navigate the process of marrying on a visitor visa and applying for your spouse to stay in the country.