In addition, they can open the luggage and discover suspicious things like the wedding dress, gifts, a lot of suitcases for a trip in theory of only a couple of weeks, etc.
In these cases, Immigration is within its right to prohibit the entry of the foreigner, no matter how much visa they have. And it is very important to understand that in order to obtain the approval of a non-immigrant visa, such as the tourist visa, or its renewal or the guarantee of being admitted when arriving at an immigration control of the United States, it is necessary to be, at all times , eligible for the visa and admissible to enter the USA.
It is very rare that the Citizenship and Immigration Service (USCIS) denies the approval of the I-130, that is, the initial part of the process where really the only thing that is confirmed is that the one requesting is a citizen and is legally married to the requested person. Nothing else.
The problem arises in adjustment of status. The reasons can be very varied. For example, it is considered that you entered the United States with the intention of getting married. This can be considered a fraud of law, since it implies a lie when the tourist visa was applied for or when the ESTA was completed.
Another problem is when the marriage is considered false and its only purpose is for the foreign spouse to obtain the papers. This can lead to legal penalties, in addition to not being approved for the green card.
Importantly, denial of adjustment of status by USCIS is currently a priority for deportation.
Finally, the residence card can be denied for any of these more than 40 reasons that apply to all cases of residence applications.
Although green card requests for marriage to a citizen are among the fastest, the truth is that they can take several months. It is possible to learn how to verify it.
First, if the couple is not married, the American can apply for a fiancé or girlfriend visa when he is not yet in the United States and which is known as K-1. With this visa, the fiancees and their children will be able to enter the country.
In cases where a citizen is married to a foreigner and he or she is outside the United States, they can request it through an I-130 and then a consular procedure or, in very specific cases it may be worth applying for a K-3 visa but it is advisable to consult with an immigration lawyer.
Lastly, if the citizen lives outside the United States and is married to a foreigner and they decide to move to the USA, bear in mind that problems may arise when proving income. Get advice before starting the procedures.
To avoid problems it is essential to be informed. This test on tourist visas contains essential information on how to obtain it and how to keep it. This other, on the authorization known as ESTA for citizens of countries that can travel without a visa.
Likewise, this on the residence card allows to have clear fundamental points to obtain it and to keep it.
Finally, keep in mind that the information in this article does not apply to foreigners who enter the United States illegally, since they could not adjust their status by marriage to a citizen.
And in the case of marriage with a permanent resident, it is always an essential requirement that you be legally in the country in order to adjust your status. It will not be possible whether you entered illegally or if you entered with a visa and stayed longer than allowed.