I am Sri Lankan male to female transgender person (but my travel document still lists me as male) and have a boyfriend from the United States. Can we get married in the USA on a visit visa or tourist visa?
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8The question makes sense and mostly boils down to "can I get married in the US on a tourist visa?" with an extra potential complication. The short answer is "theoretically," but there are problems with that approach. Do you plan to live in the US after the wedding or leave promptly?– Zach LiptonJun 11, 2016 at 12:17
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1Possible duplicate of Can you get married while traveling?– JonathanReez ♦Jun 11, 2016 at 12:25
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1In addition, it appears, unfortunately, you'd probably not have the marriage be recognized in Sri Lanka, which could lead to legal and possibly tax complications. The most prudent thing to do would be to hire a qualified US immigration attorney to apply for a spousal visa on your behalf, especially if you plan to live in the United States after the wedding.– Zach LiptonJun 11, 2016 at 12:28
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2Note that it is, in fact, of course perfectly OK "to get married" if you are in the US on a tourist visa. Like, they don't look at you (or the other party) before you "get married" and say, oh, you're on a tourist visa, you can not get married. (!) So yes you can (of course) "get married" when you're in the US on a tourist visa. The question may be more about, can you then get a green card, what will it mean in your home country, etc etc.– FattieJun 11, 2016 at 13:36
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1@JoeBlow while you are correct, it appears that many people think that it isn't allowed to get married as a tourist in the US, perhaps because they are confused by things like K visas that are irrelevant in most cases (but might be relevant here). To dispel that notion I usually cite the fact that New York City actually has an information sheet for people coming as tourists to get married.– phoogJun 11, 2016 at 16:28
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1 Answer
The same-sex part of your situation is irrelevant in the US.
The issue for you will be, if the plan is you enter the US on a tourist visa, marry, then apply to change your visa status on the grounds you are married to an US citizen. If you do that, ICE will suspect you of visa fraud -- and they will likely be right.
If you want to come to the US to get married and then stay, apply for a fiancée visa.
If you want to come to the US to get married and then return to Sri Lanka, a tourist visa is fine, but your marriage will not be recognized under Sri Lankan law.
