The most common question our immigration law firm receives is whether it’s possible to get married in the United States on a tourist visa. The short answer is yes—getting married on a tourist visa is legal. However, the bigger and more complex question is whether you can apply for a green card after getting married on a tourist visa. This blog post will break down the key considerations for those considering this path and offer guidance on navigating the process successfully.
Legal Marriage on a Tourist Visa
Marriage laws in the United States are governed by individual states, not federal law, which means that as long as the state where you plan to marry allows it, you can legally get married while visiting the U.S. on a tourist visa. The real challenge, however, comes when considering the next step—applying for a green card after the marriage. This is where the immigration process becomes more complicated, particularly under current U.S. policies.
Applying for a Green Card After Marriage: What to Consider?
While it is technically possible to marry and apply for a green card while on a tourist visa, the process involves several risks. Timing is critical, and improper handling can result in your application being denied. Below are the key considerations to keep in mind.
1. The 90-Day Rule
The 90-day rule is an important factor to understand. If you enter the United States on a tourist visa and apply for a green card within 90 days of arrival, U.S. Citizenship and Immigration Services (USCIS) may suspect that you had a preconceived intent to immigrate when you entered the country. This can lead to your application being denied because a tourist visa is intended for temporary visits, not immigration purposes. To avoid this suspicion, it’s generally advised to wait until after the 90-day period before filing for a green card.
2. Avoid Overstaying Your Visa
While it is important to wait 90 days before filing, you must also avoid waiting too long. Overstaying your visa can have serious consequences, including potential denial of your green card application and even deportation. Typically, tourist visas allow for a stay of up to six months, so you have a limited window of time to submit your application after the 90-day period but before your visa expires. Filing within this window can help you avoid overstaying and reduce the likelihood of complications.
3. Timing Is Crucial
The key to successfully applying for a green card after marriage on a tourist visa is timing. Filing too early can lead to suspicion from USCIS, while waiting too long can result in overstaying your visa. The optimal filing time is after the initial 90-day period but before the tourist visa expires. This approach minimizes risks and shows that you entered the U.S. with genuine intent to visit temporarily.
Current Immigration Policies: The Biden Administration’s Approach
Despite expectations that the current administration might ease immigration processes, the Biden administration has maintained strict policies, especially regarding individuals who enter the U.S. on tourist visas. These stricter rules are, in part, a response to ongoing border security concerns, and many applications for green cards filed too soon after entry or after a visa overstay are being denied.
Tips for Success
If you are considering getting married on a tourist visa and applying for a green card, following these tips can help improve your chances of success:
- Wait at least 90 days before applying for a green card: Applying too soon after arriving may signal to USCIS that you intended to immigrate when you entered the U.S.
- Do not overstay your visa: Filing your application after your visa has expired will complicate your case.
- Consult with an immigration attorney: Navigating this process can be challenging, and a lawyer can help you avoid mistakes that could jeopardize your application.
Conclusion
Marrying on a tourist visa and applying for a green card can be done, but it requires careful planning and timing. By understanding the 90-day rule, avoiding overstays, and consulting with an attorney, you can increase your chances of a successful outcome. For more detailed guidance, reach out to us, and subscribe to our blog or YouTube channel for more insights into the immigration process.