Can I apply to visit the US after marrying an American citizen?

Question

My fiance and I are going to get married this month, he's an American citizen and I am a Chinese. We are thinking to visit his family and have a wedding ceremony back in the States in Oct. My question is whether I could apply to visit the States after marriage and before I get an immigration visa? If I could, what kind of visa should I apply for? We only need to stay in the States for about two weeks.

My fiance and I had been together for over two years before we decided to get married and we plan to stay in China for another two years then move back to the States together. We do not own an house in China, but we both have decent jobs and incomes. I was told that once I started my immigration visa process, I could not apply for any other kinds of visa to the States because the officers will reject my application because I have "immigration intention", which for sure I do. But will the officers reject my visiting visa application because I married an American? Thanks a lot!

Answer 1

Can you do this (perfectly legal):

1) Get a tourist visa to the US

2) Get married in the US

3) Return to China

4)Apply for IR-1 visa

5) Stay in China 2 years (for IR-1 visa if less then CR-1 visa)

6) Move to US

7) Live happily ever after?

Getting married in the US is perfectly legal it is trying to change status that is considered prima facie evidence of visa fraud. (The USCIS assumes that you got the tourist visa to immigrate to the US and not to visit)

Good Luck!

If you marry before you come to the US it will also be considered that you have a "immigration intent".

Answer 2

Don't try to come here on a tourist visa and get married -- you're waving a red flag in front of a bull.  It triggers an automatic marriage fraud investigation.  And applying for a tourist visa when you are married is also a no-no.

Since you two are planning to remain in China for at least a couple more years, you could briefly visit your future in-laws on a tourist visa, but get married in China where your parents and family are.  Have his family come to China -- they'll love it, and you can have a traditional Chinese wedding with your family, etc.

Before you two move to the US, then he needs to apply for a spousal visa in China, get it approved, then you can move to the States.  Slow but sure!

Answer 3

yes,you need to obtain a letter of invitation from your spouse,than take it to the US Embassy