Category Archives: Family Immigration

Marriage is a significant and joyful event, and for many international couples, the U.S. offers a convenient meeting point for loved ones to gather and celebrate. However, for those on a U.S. tourist visa (B-2 visa) planning to marry while visiting the country, it’s essential to understand the legal implications and potential dangers. While there’s no law outright banning marriage while on a tourist visa, marrying with the intention to stay can lead to serious complications, including visa issues, potential deportation, and even bans from re-entry into the United States.

1. Misrepresentation and Visa Fraud Concerns

The U.S. government is strict about the intent behind a visa holder’s visit. The B-2 tourist visa is specifically designated for travel, leisure, and temporary visits—not for immigration purposes. Marrying a U.S. citizen or green card holder while on a tourist visa might raise questions about “immigrant intent,” which refers to the intention to live permanently in the U.S. If immigration officials determine that a visitor had the pre-planned intent to marry and remain in the country, they may accuse them of visa fraud, a serious offense that can result in deportation and future immigration complications.

2. The 90-Day Rule and Presumption of Immigrant Intent

The U.S. Department of State and the United States Citizenship and Immigration Services (USCIS) have used the “90-Day Rule” in the past to assess whether a tourist visa holder might have had immigrant intent. Under this rule, if a tourist visa holder marries a U.S. citizen or applies for a green card within the first 90 days of entering the country, it is often presumed that they had planned to immigrate from the beginning, which can be considered a form of visa fraud. While USCIS officers are no longer required to follow the 90-day rule today, they can still use it as a guide to determine whether an applicant had immigrant intent when they used a visiting visa to enter the U.S.

If marriage happens after 90 days, the couple may have an easier time proving that the intention to immigrate developed after the initial arrival, though scrutiny is still possible. Regardless of timing, the couple must be able to demonstrate that the relationship is genuine and that the marriage is not primarily for immigration purposes.

3. Risk of Denial or Cancellation of Green Card Applications

Even if the marriage is genuine, a green card application following a tourist visa entry can still raise red flags. During the adjustment of status interview, a USCIS officer will closely review the timeline and details surrounding the marriage. If they suspect any intent to circumvent immigration laws, the application could be denied. Worse, the applicant could be deported and banned from entering the U.S. for several years.

To avoid this risk, some couples opt for the K-1 fiancé(e) visa, which is specifically designed for foreign nationals who intend to marry U.S. citizens and reside permanently in the U.S. This visa requires a longer waiting period and more paperwork but provides a clear legal path to marriage and permanent residency.

4. Difficulties with Re-Entry to the United States

For couples who marry on a tourist visa and then return to their home country to apply for a green card or another visa, future travel to the U.S. may become challenging. Border officers can question a tourist visa holder’s intent if they’re aware of a recent marriage to a U.S. citizen, as marriage often implies an intent to stay permanently. As a result, even brief visits to the U.S. may be denied, potentially keeping couples separated while waiting for proper immigration paperwork.

5. Consequences of Overstaying the Tourist Visa

If a newly married foreign spouse overstays their tourist visa while waiting for a green card application to be processed, they are at risk of deportation. Even a single day of overstay can lead to complications, and overstaying for extended periods can result in bans from the U.S. (for example, a three-year ban for overstays over 180 days and a ten-year ban for overstays over one year).

6. Legal Costs and Stress on the Relationship

Dealing with visa issues, deportation threats, and lengthy bureaucratic processes can place immense stress on a relationship. Many couples who initially just wanted to be together end up investing significant time and money in resolving their immigration situation. Hiring an immigration attorney may be necessary to navigate these complex processes, and often essential to protecting both parties’ rights and future in the U.S.

Conclusion: Proceed with Caution and Seek Legal Advice

While marrying on a U.S. tourist visa may seem like a convenient option, it’s essential to understand the legal and emotional risks involved. Consulting with an experienced immigration attorney before marriage can help couples navigate the complex regulations, avoid potential legal pitfalls, and ensure that their relationship is protected against avoidable immigration issues. Call or text immigration attorney Jessie M. Thomas at (214) 838-0045 or schedule a consultation today.

Green Card holders (permanent residents) may petition for their Spouse (husband or wife).

First let’s look at the rules for the spouse of U.S. citizens. They are pretty straight forward.

Petitioner is a U.S. Citizen

A U.S. citizen (petitioner) files the I-130 petition and the spouse (beneficiary) can can file the I-485 at the same time. In other words the U.S citizen files the petition to prove that their alien relative is in a real marriage and the beneficary, the foreign national, applies for adjustment of status at the same time. They want to adjust their status from whatever non-immigrant visa they entered on into that of Lawful Permanment Resident.

Petitioner Is A Green Card Holder (Non U.S. Citizen)

Now, when the petitioner is only a green card holder things are more complicated because there is a backlog right now. Congress has limited the number of visas for the spouses and under-aged children of Lawful Permanment Residents. So in this situation under current processing times and guidelines you have to file the I-130 petition first.  The beneficiary is given a priority date when the I-130 petition is filed. This is the receipt date. The priority date is the beneficiary’s place in line. The beneficiary then must wait for that date to become current. Each month they have to check the visa bulletin to see when that priority date is going to become current. Once it becomes current then they can apply for the I-485 Adjustment of Status. This is called a “2 Step” process.

1 Step vs 2 Step Process

When a U.S. citizen files this is called a “1 Step” process because it is all done in one step. However, when the petitioner is a Green Card holder it is called a “2 Step” because it takes two steps. First the petitioner files the I-130 and the beneficiary is provided with a priority date. Once the priority date is current the beneficiary can file for Adjustment of Status.

Now given the fact that right now we are looking at 4 years plus for the processing of the spouses and under-aged children of Green Card holders to get a final decision it is most likely that the prority date will not become current until after the petitioner, the Green Card holder’s spouse, becomes a U.S. citizen and then upgrades their case. Now the petitioner is a U.S. Citizen and the USCIS is going to go ahead and process their petition and hopefully approve it and the beneficiary, the children or the spouse, can apply for the I-485 Adjustment of Status and get their Green Card. So it is a little bit trickier when the petitioner is only a Green Card holder.

Spouse Green Card Questions?

Questions about the spouse green card immigration process? Looking for help to make sure your petition or application can be processed as quickly as possible? Please contact immigration attorney Jessie M. Thomas. Call (214) 838-0045, Text (214) 838-0045 or Email contactus@staylegally.com today.