Many couples find themselves in love and ready to marry while one partner is in the U.S. on a tourist visa. While marriage to a U.S. citizen is legal, the immigration path afterward can be far more complicated. Missteps can lead to denials, long separations, or even removal from the United States.
Here’s what couples should understand before making that decision.
1. Marriage Is Legal — But Staying Is the Challenge
You can legally marry a U.S. citizen while in the United States on a B-1/B-2 visitor visa or through the Visa Waiver Program. But marriage itself does not guarantee permanent residency. Immigration authorities will examine your intent at the time of entry. If they believe you entered the U.S. planning to stay permanently, this can be considered “preconceived intent” — and could cause problems with your green card application.
2. The 90-Day Rule — Why Timing Matters
If you marry and file for adjustment of status within the first 90 days of arriving, immigration officers often assume you misrepresented your purpose for entering. Waiting a reasonable time before applying helps show that the decision to stay arose after arrival.
3. Long Processing Times and Possible Separation
Adjustment of status cases can take many months or more than a year. During that time, the foreign spouse’s visitor status may expire. In some cases, couples face difficult periods of separation until the green card process is resolved.
4. Travel Risks While the Case Is Pending
If the foreign spouse leaves the U.S. while the application is pending, reentry is not guaranteed. Border officials may deny return if they believe the person intended to immigrate at the time of entry. Advance planning — and in some cases, advance parole — is essential.
5. Work Restrictions and Financial Pressure
The foreign spouse cannot work until USCIS issues an employment authorization document (EAD). This waiting period can create financial stress, and unauthorized employment can damage the immigration case.
6. Expect Close Scrutiny
Marriage-based green card cases are carefully reviewed to prevent fraud. Officers will evaluate the timeline of your relationship, your intent when entering, and the authenticity of your marriage. Couples should prepare strong evidence of a genuine relationship, such as shared finances, photos, and joint commitments.
7. Consider Alternative Immigration Options
Sometimes, a different approach is safer:
- Applying for a fiancé (K-1) visa before entering.
- Marrying abroad and pursuing a spousal visa through consular processing.
- Starting the process from the home country, even if it takes longer.
These routes may reduce the risk of suspicion and help avoid complications.
8. Professional Guidance Is Key
Because these cases often balance on fine details, couples should consult an experienced immigration attorney before filing. A lawyer can evaluate your situation, explain risks, and help prepare a strong, credible application.
Frequently Asked Questions (FAQ)
1. Is it legal to marry a U.S. citizen while on a tourist visa?
Yes. The marriage itself is valid. The challenge lies in proving your intentions were genuine at the time of entry.
2. What is the 90-day rule?
If you marry or apply for a green card within 90 days of entering on a tourist visa, USCIS may presume you misrepresented your purpose for entering the U.S.
3. Can I work while waiting for my green card?
No. You must wait until USCIS approves your work permit (EAD). Unauthorized employment can harm your case.
4. What happens if I leave the U.S. during my case?
Leaving without advance parole may result in being denied reentry, even if your green card application is pending.
5. What is the safer alternative to marrying on a tourist visa?
A fiancé (K-1) visa or a spousal visa through consular processing often provide a more secure and less risky path to permanent residency.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.