Imagine if you and your significant other have started the fiance visa process and are planning your wedding in the United States. You have already submitted your fiance visa petition and received the receipt notice. You are now looking forward to getting the approval notice so that you can move forward with the fiance visa interview. But then things change…and you decide to go ahead and get married overseas.

What happens now? Can you still move forward with your fiance visa? Or do you need to get some other type of visa instead?

You Still Have Immigration Options, But Probably Not A Fiance Visa

If you get married before your fiance visa interview or before you enter the United States using your fiance visa, you should consult with an immigration lawyer about the best way to move forward.

A fiance visa should only be used if you are not married. If you get married before your fiance visa interview, you shouldn’t move forward with the interview. If you go to the interview and continue with the fiance visa application, you may be found to have misrepresented your marital status during the interview. Why is this important? If you are found to have made a material misrepresentation during the visa application process, the penalty is a lifetime bar on being able to get a visa or adjust status to permanent resident so you can get a green card. You’ll be subject to this bar even if you are the spouse of a United States citizen. Although there is an immigration waiver for misrepresentations, it is very difficult to qualify for one.

Likewise, if you get married after you get your fiance visa but before you enter the United States, you shouldn’t use the fiance visa. The fiance visa is only for traveling to the United States so that you can get married. If you’ve already gotten married, then the fiance visa is not the right visa for you. If you go ahead and use it, you will likely face future immigration problems, including possible allegations of visa fraud or misrepresentation and may find yourself in deportation proceedings.

Although these situations likely mean that you won’t be able to use a fiance visa to immigrate to the United States, your immigration lawyer will be able to assist you with moving forward with the right type of visa for your situation. For many people in this type of situation, you’ll be able to apply for an immigrant visa instead of the fiance visa. By changing to the immigrant visa process as the spouse of a United States citizen, you’ll avoid the potential negative consequences of moving forward with the fiance visa process and will be able to start your life in America with your new spouse with the right immigration status.