The B-2 Tourist Visa for a Fiancee

August 28, 2013 in Attorney Blog

A fiance visa client recently asked me why we were doing a fiancee visa case rather than a B-2 visa case. My answer was simple: (1) The B-2 visa does not allow for a foreign fiancee to enter the U.S. for the purpose of marriage; and (2) as a practical matter this particular fiancee would not likely be able to obtain a B-2 visa. Please note that fiancees from most first world countries can actually obtain B-2 visas but fiancees from second and third world countries generally cannot obtain B-2 visas.

In any event, the USCIS does not usually allow foreign fiancees to enter the U.S. on B-2 visas and then marry and adjust to permanent status. The USCIS will usually rule that the foreign fiancee is guilty of an immigration violation for entering the U.S. on a B-2 visa with the intent to marry a U.S. citizen.

The fiance visa is the only visa that specifically allows a foreign fiance to enter the U.S. for the purpose of marrying an American citizen.