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

Many people travel to the United States on a tourist visa (B-1/B-2) with the intention of sightseeing, visiting family, or attending special events. But life doesn’t always go according to plan, and sometimes, love finds a way. If you get married while in the U.S. on a tourist visa, it’s important to understand what that means for your immigration status and what options may be available.

Is It Legal to Get Married on a Tourist Visa?

Yes, it is completely legal to get married while on a tourist visa. U.S. immigration law does not prohibit people from marrying while they are visiting the country. The key issue is intent, specifically, whether you planned to come to the U.S. just to get married and stay permanently.

If you entered the U.S. on a tourist visa with no plan to stay but later fell in love and got married, that’s very different from someone who used a tourist visa as a shortcut to permanent residency. Immigration authorities take visa fraud seriously, so proving good faith and honest intent is crucial.

Can You Stay in the U.S. After Getting Married?

If you marry a U.S. citizen, you may be eligible to apply for a green card through adjustment of status. This process allows some people to remain in the U.S. while they apply for lawful permanent residency without having to return to their home country.

To qualify, you must:

• Have entered the U.S. lawfully (e.g., with a valid visa)

  
  

• Be married to a U.S. citizen in good faith (not just for immigration benefits)

  
  

• Not have committed fraud or misrepresented your intentions at the border

  
  

If your spouse is a U.S. green card holder, your case becomes more complex, and you may not be eligible to stay and adjust status without leaving the country first. An attorney can help explain what options apply in your case.

What Is the “90-Day Rule”?

U.S. Citizenship and Immigration Services (USCIS) may apply something called the “90-day rule.” If you get married or apply for a green card within 90 days of arriving on a tourist visa, immigration officers may assume you had immigrant intent when you entered, something that is not allowed with a tourist visa.

This doesn’t mean your case will be denied, but it may raise red flags. If your true intent changed after you arrived, you may need to submit strong evidence that supports your story.

What If You Overstay Your Visa After Getting Married?

Overstaying a tourist visa can cause serious immigration problems. However, if you marry a U.S. citizen, and you entered legally, you may still be eligible to adjust status even if the period of time you were allowed to be in the U.S. has ended. The situation is very different if your spouse is only a green card holder or if you have other immigration violations.

Should You Leave the U.S. and Apply From Abroad?

In some cases, it may be safer to leave the U.S. and apply for a green card through consular processing. But be cautious: if you overstay your visa or have certain violations, leaving the U.S. can trigger a 3-year or 10-year bar from returning. If you have overstayed your authorized time in the U.S., it is very important that you speak to a reputable immigration lawyer before leaving the U.S. 

Why You Should Talk to an Immigration Lawyer

Every case is different. Getting married on a tourist visa is a common situation, but it can easily become complicated. Working with an experienced immigration attorney can help you:

• Avoid mistakes that could lead to denial

  
  

• Gather the right evidence to show good faith

  
  

• Understand your eligibility and timing

  
  

• Navigate issues like unlawful presence or the 90-day rule

At Tran Flores Law, we help families build a future together. If you or a loved one got married while visiting the U.S. and want to explore options for staying legally, we’re here to help. Contact us today at (512) 894-9984 for a consultation and let us guide you through the process with care and clarity.