Tourist Visa to Green Card: Can You Apply for a Marriage-Based Green Card?
Shawn Sedaghat, Esq.
If you’re visiting the U.S. on a tourist visa (B-1/B-2) and end up getting married to a U.S. citizen, it’s natural to wonder if you can change your visa status to obtain a green card without having to leave the country.
The answer is yes—it is possible, but there are several important factors to consider before you dive into the process and the immigration benefits that comes with it.
Let’s go through the steps, timing, and common concerns regarding applying for a marriage-based green card after entering the U.S. on a tourist visa.
Time to learn how to get a green card through marriage on tourist visa!
Can You Get Married on a Tourist Visa?
Yes, it is completely legal to get married while you’re in the U.S. on a tourist visa. But getting married is only part of the process if you wish to remain in the U.S. The key issue comes when you plan to stay in the U.S. permanently. You need to be cautious about your intentions when entering the country. The U.S. government wants to ensure that you did not enter with the intent to bypass immigration laws by getting married and applying for a green card immediately. You must prove that you initially entered the country with genuine visitor intentions and that the decision to marry happened later.
For instance, imagine you arrived in the U.S. to tour famous landmarks or visit family, and during your stay, you fell in love and got married to a U.S. citizen. This would be a valid situation to pursue a green card through marriage, as long as you did not arrive with the sole purpose of securing a green card. If you entered the U.S. with a tourist visa and intended all along to get married and stay, you could be accused of visa fraud. Proving your intent is key to your green card application being successful.
Green Card Through Marriage on a Tourist Visa: The Adjustment of Status Process
If you decide to stay in the U.S. after your marriage with a US citizen, you will need to apply for a green card through a process called Adjustment of Status (AOS). This process allows individuals already in the U.S. to apply for permanent residency without having to leave the country. The AOS process can seem complex, but it’s a straightforward path when followed correctly.
The 90-Day Rule
One of the most important things to consider is the 90-day rule. Under this rule, if you marry and apply for a green card within 90 days of entering the U.S. on a tourist visa, U.S. Citizenship and Immigration Services (USCIS) may assume that you misrepresented your original intentions. In other words, if you applied for your tourist visa with the intent to marry and stay permanently, this could be considered visa fraud, and USCIS will scrutinize your application closely.
To avoid raising red flags, it is generally recommended that you wait at least 90 days after entering the U.S. before applying for a green card. Waiting beyond this period shows that you did not enter the U.S. with preconceived intent to marry. If you apply within the 90-day window, be prepared to provide strong evidence that your marriage was a spontaneous decision and not planned before your arrival.
Steps to Apply for a Green Card After Marriage
Once you’ve decided to apply for a green card through marriage, you’ll follow these steps on the visa application:
- File Form I-130: This form, known as the Petition for Alien Relative, is submitted by your U.S. citizen spouse. It establishes the family relationship between you and your spouse and is a critical part of your green card application.
- File Form I-485: This form, the Application to Register Permanent Residence or Adjust Status, is your formal request to USCIS to change your status from a non-immigrant (tourist) to a permanent resident (green card holder).
- Biometrics Appointment: After submitting your application, you’ll be required to attend a biometrics appointment. This appointment is for USCIS to collect your fingerprints, photograph, and signature, which will be used for background checks.
- Attend Your Marriage Interview: A key part of the process is the marriage interview, where USCIS will ask questions to determine the legitimacy of your marriage. It’s important to provide sufficient documentation that proves your marriage is genuine, such as wedding photos, joint bank accounts, joint leases, and affidavits from friends and family.
- Wait for a Decision: Once you’ve completed the interview, USCIS will review your application and decide whether to approve your green card. Processing times vary but typically range from 5 to 16 months.
Pro Tip: The process can seem overwhelming, but if you’re unsure about any step, it’s highly recommended to consult an experienced immigration attorney to guide you through it.
Timing of Your Application
One of the most common mistakes in the visa application is misunderstanding the timing of when to apply for a green card. Some applicants mistakenly believe that getting married immediately and applying for a green card within days of entering the U.S. is safe. However, applying too early can trigger an assumption of visa fraud. That’s why it’s generally recommended to wait at least 90 days after entering the U.S. before applying for AOS. If you’re uncertain about your timing, discussing your case with an immigration lawyer can help you avoid unnecessary pitfalls.
Overstaying a Tourist Visa
What happens if your tourist visa expires while you’re waiting for your green card? Don’t worry—this situation can be managed as long as you file your Form I-485 before your visa expires. Once you file this form, you are legally allowed to stay in the U.S. while USCIS processes your application, even if your tourist visa has expired. However, it’s important not to overstay your visa before filing Form I-485, as this could complicate your case.
In cases where someone has overstayed their visa for a short period before getting married, there are still ways to adjust status, but it’s vital to consult an immigration attorney to review your options and ensure you’re on solid legal ground.
If you’re facing a visa overstay situation, don’t hesitate to contact an experienced immigration attorney who can help you navigate your options.
Advance Parole and Travel Restrictions
Once you’ve applied for a green card, you may wonder if you can travel outside the U.S. while waiting for your application to be processed. The answer is yes, but only if you first apply for a travel document known as advance parole (Form I-131). Without this document, leaving the U.S. while your green card application is pending could result in your application being classified as abandoned, which would mean starting the process over from scratch.
Advance parole allows you to leave the U.S. temporarily without jeopardizing your green card application. However, it’s important to be cautious. Traveling without securing advance parole could lead to complications, such as being denied re-entry into the U.S. If you’re considering travel, speak with an immigration attorney to ensure everything is in order.
Planning to travel while your green card application is pending? Consult an immigration lawyer to secure the right documentation and avoid unnecessary risks.
Consular Processing vs. Adjustment of Status
In cases where you or your spouse are outside the U.S. at the time of marriage, consular processing may be the path for obtaining a green card. Consular processing involves applying for a green card through a U.S. consulate or embassy in your home country, rather than adjusting status within the U.S.
Consular processing generally takes longer than Adjustment of Status, and the process includes additional steps such as attending interviews at the U.S. consulate and providing documentation from your home country. In some cases, consular processing can be less expensive than adjusting status, but it often comes with the inconvenience of waiting outside the U.S. for approval.
For most people who are already in the U.S. on a tourist visa, Adjustment of Status is the preferred method for obtaining a green card, as it allows you to remain in the country throughout the process.
Benefits of Consulting an Immigration Lawyer
While it’s possible to navigate the green card application process on your own, having the assistance of an experienced immigration lawyer can make a significant difference. Immigration laws can be complex and confusing, and even a small error in your application can lead to delays or even denial. An immigration attorney can help you:
- Ensure that all forms are completed correctly and submitted on time.
- Provide guidance on the timing of your application to avoid potential visa fraud issues.
- Help you gather the necessary documentation to prove the legitimacy of your marriage.
- Represent you during the marriage interview and any subsequent communications with USCIS.
In addition, an attorney can help you navigate any unexpected issues, such as visa overstays, advance parole requests, or challenges related to the 90-day rule.
Applying for a green card? Consult an experienced immigration attorney to ensure your application process is smooth and successful.
Special Considerations for Green Card Holders
If your spouse is a green card holder (lawful permanent resident), rather than a U.S. citizen, the process for applying for a green card will be different. In this case, you will need to wait for a visa number to become available before you can apply for Adjustment of Status. Unlike spouses of U.S. citizens, who are classified as “immediate relatives” and have visa numbers available to them right away, spouses of green card holders must wait in line for visa availability.
This can make the process longer, and in some cases, you may need to leave the U.S. and apply through consular processing if your visa expires before a visa number becomes available. However, if your spouse becomes a U.S. citizen while you’re waiting for your visa number, you may be able to adjust your status sooner.
What Happens After Getting Your Green Card?
After you receive your green card, you become a lawful permanent resident of the U.S., which means you can live and work in the country indefinitely with your U.S. citizen spouse. However, you must continue to meet certain residency requirements to maintain your green card status. If you spend too much time outside the U.S. or fail to demonstrate that the U.S. is your primary residence, you could risk losing your green card.
After holding a green card for five years (or three years if you’re married to a U.S. citizen), you’ll become eligible to apply for U.S. citizenship. This is a major milestone in your immigration journey and allows you to participate fully in the life and governance of your new country.
FAQs
Is it legal to get married on a tourist visa?
Yes, it is legal to get married on a tourist visa and undergo the visa application procedure. However, if you apply for a green card too soon after entering the U.S., you could be accused of visa fraud just like other applicants who fail to prove that they have a marriage in good faith.Can I apply for a green card immediately after getting married with a U.S. citizen?
It’s best to wait at least 90 days after entering the U.S. before applying for a green card to avoid triggering visa fraud concerns.Will I need to leave the U.S. while waiting for my green card?
If you’ve filed for Adjustment of Status, you can remain in the U.S. while your application is processed. However, if you plan to travel, make sure to apply for advance parole first.Can I work while waiting for my green card?
You can apply for work authorization using Form I-765 along with your green card application. Once approved, you can legally work while waiting for your green card.What happens if my green card application is denied?
If your green card application is denied, you may be referred to immigration court for removal proceedings. However, there are opportunities to appeal or reapply depending on the reason for denial.