What Happens If You Get Married in the U.S. on a Tourist Visa?

Getting married in the United States while visiting on a B-1/B-2 tourist visa or through the Visa Waiver Program is not, by itself, an immigration violation. However, if you planed to remain in the United States after getting married, your intent when you entered the country becomes an important issue.

If you entered the United States intending only to visit and later decided to marry because your circumstances changed, your situation may be different from someone who entered the country already intending to marry and remain permanently.

Is It Legal to Get Married on a Tourist Visa?

Yes. You can legally get married in the United States while visiting on a tourist visa or ESTA.

The key issue is whether you were truthful about your purpose when you entered the United States. A visitor may marry a U.S. citizen or lawful permanent resident and still intend to return to their home country after the visit.

The problem arises when someone uses a tourist visa or ESTA to enter the United States while already planning to immigrate permanently. Misrepresenting your intentions to obtain a visa or admission can result in serious immigration consequences.

Can You Get a Green Card After Marrying a U.S. Citizen?

If you marry a U.S. citizen, you may be eligible to apply for a green card through Adjustment of Status by filing Form I-485.

Generally, you must have been inspected and admitted or paroled into the United States. Immediate relatives of U.S. citizens are generally exempt from certain adjustment bars based on an overstay or unauthorized employment.

However, an overstay does not excuse fraud or material misrepresentation. You must also show that your marriage is genuine and entered into in good faith, not solely for immigration purposes.

What If You Marry a Green Card Holder?

The rules are different if your spouse is a lawful permanent resident.

A spouse of a green card holder falls into a family-based preference category subject to annual visa limits. As a result, you generally cannot assume that you will be able to remain in the United States and adjust status if your authorized stay expires before an immigrant visa becomes available.

Your options depend on factors such as your current immigration status, visa availability, and the timing of your marriage and application.

Does the 90-Day Rule Apply?

The commonly discussed 90-day rule comes from Department of State guidance concerning possible misrepresentation in certain visa cases. It does not automatically make getting married or filing for Adjustment of Status within 90 days illegal.

However, actions shortly after entry that are inconsistent with the purpose represented when you entered the United States can raise questions about whether you misrepresented your intentions. Your statements to immigration officials, circumstances at the time of entry, and subsequent actions may all be relevant.

Be Careful If You Overstay Your Tourist Visa

If you remain in the United States beyond the date authorized on your I-94, you may begin accumulating unlawful presence.

Leaving the United States after accumulating more than 180 days of unlawful presence can trigger a three-year bar. One year or more can trigger a ten-year bar. Before leaving the United States after an overstay, you should understand how your departure could affect your ability to return.

Speak With an Immigration Lawyer Before Filing

Getting married on a tourist visa does not automatically give you immigration status or a green card. Your entry history, statements to immigration officials, immigration status, and marriage circumstances can all affect your options.

If you got married in the United States while visiting on a tourist visa and are considering Adjustment of Status or consular processing, contact Tran Flores Law at (512) 894-9984 to discuss your situation.