Quick Summary:
If you’re looking to bring your boyfriend (or girlfriend) to the U.S. and are wondering, “Should we apply for a fiancé (K-1) visa? Or can they come as a tourist, get married in the U.S., and then apply for a green card?” – it’s an important question with serious legal implications. This guide walks you through both options step-by-step so you can make the best legal, emotional, and strategic decision for your future together.
Understanding Visa Options When Love Crosses Borders
If your boyfriend, let’s say, is from United Kingdom, they can enter the U.S. under the Visa Waiver Program (ESTA), but marrying while on a visitor visa carries serious legal risks. A K-1 fiancé visa is slower but may offer fewer risks.
Note: If your partner is from a country not eligible for the Visa Waiver Program, the alternative would typically be a B-1/B-2 visitor visa instead.
Choosing between the K-1 visa and tourist entry with marriage and Adjustment of Status (AOS) depends on your timeline, intent, and immigration risk tolerance. While the United Kingdom is part of the ESTA program, using that route to bypass fiancé visa processing or normal “immigrant visa” processing may lead to accusations of misrepresentation and even removal proceedings.
Let’s explore these two options, and learn how to avoid life-changing mistakes.
Option 1: Tourist Visa or ESTA Entry, Then Marriage + Adjustment of Status
Yes, you can get married on a tourist visa or ESTA in the U.S. However, entering the U.S. to get married with the intention of filing for adjustment of status can lead to legal issues.
The United Kingdom is part of the Visa Waiver Program (VWP), so your boyfriend doesn’t need a visa to visit. He can enter using ESTA for up to 90 days. However, U.S. immigration law requires that all entrants on ESTA or B-2 tourist visas have nonimmigrant intent.
If he says at the airport that he’s coming to marry but intends to return the U.K. (and can provide evidence of the intent to leave), he may be allowed entry. If, however, he says that he plans on marrying his US citizen fiancée and stay to file adjustment of status, he will likely be denied entry.
Real-Life Scenarios:
- Maria from California invited her Mexican boyfriend, Jack, for a 2-week visit. At the border, Jack said he was visiting his fiancée and planning to get married. Evidence that the CBP officers found on his phone showed that Maria and Jack were planning to file for adjustment of status after the marriage as well. He was not allowed to enter and was sent back.
- Same situation, different approach: Nick entered under ESTA with no plans to marry. Two months later, he and his partner decided to marry. They filed Adjustment of Status (AOS) and provided evidence that his intent changed only after entry. His green card was approved.
- Eugenia enters the U.S. with a B-2 tourist visa to marry her fiancée, Sandra. Family from all over the world is coming to the U.S. to attend the wedding. Eugenia and Sandra will leave right after the wedding to go on their honeymoon in Europe. CBP is likely to allow Eugenia to enter as she can show evidence, she is not intending to stay in the U.S. to apply for adjustment of status. After the wedding, Sandra files the Form I-130 on Eugenia’s behalf and she eventually obtains an immigrant visa at a U.S. Consulate.
- Richard, who is from Chile, enters the U.S. on visa waiver. He tells the CBP officer he is coming to meet friends, when he’s actually planning on marrying his fiancée, Judy. He marries Judy and files for adjustment of status. His green card application is denied when USCIS realizes Richard lied at the port of entry about his true intentions.
Do’s and Don’ts for B-2 Tourist Visa/Visa Waiver + AOS Path
Do:
- Enter as a tourist only if you have no immediate intent to stay
- Be able to show that you had the intention to return to your life abroad after your temporary stay in the U.S.
- Keep evidence showing the decision to marry and/or file adjustment of status was made after arrival (texts, emails, call logs)
Don’t:
- Come to the U.S. prepared to file for adjustment of status.
- Make preparations in your country of residence that indicate you were not intending to return.
- Misrepresent or lie about your intentions in visiting the U.S.
Option 2: Fiancé(e) Visa (K-1) Process
The K-1 fiancé visa is a legally secure route for couples planning to marry and live in the U.S. It allows your partner to enter with the intention of marriage and filing for the green card.
To qualify for the fiancé(e) visa:
- The Petitioner must be a U.S. citizen (green card holders are not eligible)
- You and your partner must have met in person within the last two years
- You must intend to marry within 90 days of the fiancé(e)’s arrival in the U.S. on a K-1 visa.
Timeline & Steps:
- File I-129F fiancé petition with USCIS (approx. 7–12 months)
- Case goes to National Visa Center, then to the U.S. consulate in the United Kingdom
- Fiancé(e) attends interview and receives K-1 visa
- He enters the U.S., and you must marry within 90 days
- File Form I-485 to adjust status to green card holder
Real-Life Scenario:
Lindsey in Texas filed for a K-1 visa for her Chinese citizen fiancé Daniel. After 1 year, he receives his visa, enters legally, and they married within 90 days. He then files for adjustment of status and his green card was approved without issues.
Checklist: If You Choose the K-1 Fiancé Visa
| Requirement | Must-Have |
|---|---|
| U.S. citizen filing the petition | Yes |
| Proof of relationship (photos, chats, tickets) | Yes |
| In-person meeting within 2 years | Yes |
| Plan to marry within 90 days after arrival | Yes |
| Financial sponsor (Form I-134 or I-864) | Yes |
| Medical exam and consular interview | Yes |
Do’s and Don’ts for the K-1 Visa Path
Do:
- Maintain consistent communication records to show a genuine relationship
- Prepare your I-129F petition thoroughly, with proper supporting documents
- Stay patient- the wait time is real, but it’s safer in the long run
Don’t:
- Skip the in-person meeting requirement unless it’s truly impossible to meet
- Overlook the need for financial sponsorship
- Delay marriage beyond 90 days once your fiancé arrives in the U.S.
Fiancé Visa vs. Tourist Visa + Marriage: Comparison Table
| Feature | Fiancé Visa (K-1) | Tourist Visa + Marriage (AOS) |
|---|---|---|
| Legal Intent | Enter to marry | Must enter as tourist only |
| Risk of Denial | Low, if filed correctly | High, if misrepresentation about intent is an issue |
| Green Card Filing | After U.S. marriage | After U.S. marriage |
| Can Work After Entry? | After EAD application | After EAD application |
| Can Leave U.S. After Entry? | Only after Advance Parole | Only after Advance Parole |
Common Pitfalls To Avoid
Entering the U.S. with clear immigrant intent on a tourist visa could be considered visa fraud if you misrepresent your intentions, even if you marry a U.S. citizen.
Avoid these mistakes:
- Don’t plan on to misrepresent or lie about your true intent at a port of entry.
- Don’t make plans to get married in the U.S. and remain here to file for adjustment of status.
- If you want to remain in the U.S. after marriage, consider the K-1 Fiancé(e) visa.
Tip: Speak with a qualified immigration attorney before taking any steps.
Best Route For You: Key Decision Factors
Choose the K-1 visa if you haven’t made wedding plans yet and are willing to wait for a legally secure path. Choose Adjustment of Status only if your partner genuinely changed their intent after entry.
Ask yourself:
- Are we willing to wait 9+ months?
- Can we prove no immigrant intent at time of ESTA or visitor visa entry?
- Do we prefer legal certainty or faster entry with more risk?
If you’re unsure, a free visa assessment with VisaPro can help you understand which path is safest for your case.
When Should You Call an Immigration Lawyer?
If you’re navigating love across borders, consulting a skilled immigration lawyer is the smartest first step.
VisaPro’s experienced team helps couples:
Whether you’re leaning toward a fiancé visa or marriage on a tourist visa, don’t go it alone.
Schedule a free visa strategy session with VisaPro today.
FAQ: Fiancé Visa vs. Visitor Entry + Marriage
1.Can you get married on Visa Waiver or a B-1/B-2 Visitor Visa?
Yes, but only if the foreign national partner did not plan to file for adjustment of status and/or stay permanently when they entered the U.S..
2.Can I marry my fiancé on a tourist visa?
Yes, but if you pre-planned the marriage before entry, it may be risky. The K-1 visa is the safer legal route for engaged couples.
3.K1 visa vs. marriage visa – which is faster?
If your partner is already in the U.S., AOS may be faster. But the K-1 visa is safer because it’s specifically designed for couples who plan to marry.
4.Can I marry a foreign notional who is in the U.S. on a tourist visa or who entered with Visa Waiver
Yes, but only if they entered with nonimmigrant intent. Any suggestion they planned to stay could result in a green card denial.
5.Do I need an immigration attorney for a fiancé visa?
It’s not legally required, but an immigration lawyer can help avoid delays, rejections, or interview issues, especially in sensitive cases.
Let Love Lead, Without Risking Your Future
Your relationship deserves a future that’s not clouded by immigration stress or uncertainty. VisaPro is here to help you make the right legal move at the right time.
Contact us today for a free fiancé or marriage visa assessment and take the next step with confidence.
What VisaPro Customers Are Saying
The US [B-1] Visa has always been a tough ride, and being denied a few times it makes it even worse. But thanks to VisaPro and their meticulous processing I was granted a Visa. I would like to thank you and all the people involved in making this a success. I would like to recommend VisaPro to all those who seek peace of mind and hassle free Visa processing.”
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