What Happens If You Get Married While On A Tourist Visa? A Complete Guide

What happens if you get married while on a tourist visa in the United States?

We’ll explain how to apply for lawful permanent residency (Green Card) after your marriage, along with the legal implications and potential challenges that can result from a marriage on a tourist visa.

If you’ve decided to get married while visiting the U.S. on a tourist visa, contact our trusted law firm — The Law Offices of Spar & Bernstein before you do. We’ll help you achieve a fulfilling life with your spouse in the U.S. with peace of mind, knowing that the process you followed was correct and secure.

Can You Get Married On A Tourist Visa?

There are no laws prohibiting marriage on a tourist visa, so the short answer is yes, you can get married on a tourist visa in the U.S.

However, there are steps you need to take after marrying on a tourist visa in order to be able to live and work in the U.S.

In addition, there are severe consequences you could face if your intentions for entering the U.S. were not true — more on that below.

What Happens If You Get Married While On A Tourist Visa?

Once you get married on a tourist visa, in order to legally live and work in the U.S., you must either:

• Apply for an adjustment of status to become a lawful permanent resident (Green Card holder) while in the U.S.
• Return to your home country and apply for a Green Card through consular processing, where the local U.S. Consulate or Embassy will process your Green Card application

Applying for an adjustment of status allows you to change from a nonimmigrant status (tourist visa) to an immigrant status (Green Card holder) based on your marriage to a U.S. citizen.

To apply for an adjustment of status, you need to:

• Submit the necessary forms, along with supporting documents
• Pay the fees
• Attend a marriage interview
• Undergo background checks

Your adjustment of status application will either be approved or denied.

• If approved, you will be granted lawful permanent residency in the U.S. and receive a Green Card. This will give you the right to legally live and work in the U.S.
• If denied, you will need to depart the country or appeal the decision and explore other immigration options. The denial of your application may be based on various grounds, including suspicion of a fraud marriage, a criminal record, prior immigration sanctions or poor health status.

If you marry a U.S. citizen, a visa number will be immediately available for you.

If you marry a lawful permanent resident, you will have to wait until a visa number becomes available, as there is an annual quota for this category. This means:

• If a visa number is available before your visa expires, you can stay in the U.S. and apply for an adjustment of status
• If there is no visa number available before your visa expires, you will need to return to your home country and follow the consular processing pathway to obtain your Green Card

Applying for a Green Card from your home country, or consular processing, may take longer compared to the adjustment of status process.

Although consular processing is similar to the adjustment of status process, there are some differences in the process and the documents required.

If you marry a lawful permanent resident and there are no visa numbers available, you can also consider changing your nonimmigrant status and obtaining a different type of temporary visa. Contact an experienced immigration attorney to receive professional advice on your next steps.

Challenges Of Getting Married On A Tourist Visa

If you apply for a tourist visa with the intention to marry and remain in the U.S., this can be considered visa fraud due to a misrepresentation of the real reasons for your visa application and travel to the U.S.

This is because a nonimmigrant visa, a tourist visa, does not allow you to remain in the U.S. permanently. Known as a B-2 visa, a tourist visa is typically used to enter the U.S. for a vacation, visiting family and relatives, tourism purposes, participation in social or amateur events or medical treatment.

Depending on the circumstances of your case, the potential punishments for visa fraud include:

• Fines
• Imprisonment
• Deportation
• Inadmissibility to the U.S.

To eliminate the risk of being suspected of visa fraud when getting married on a tourist visa in the U.S., you must prove that:

• You entered the U.S. with visitor intentions
• You entered the marriage in good faith and not for the purpose of obtaining a Green Card
• Your marriage took place a considerable amount of time after your entry to the country

As per the 90-day rule by U.S. Citizenship and Immigration Services (USCIS), if you marry within the first 90 days after your arrival to the U.S., this can be interpreted as misrepresenting your original intentions, causing additional scrutiny of your Green Card application.

Other challenges when getting married on a tourist visa and waiting for approval on your adjustment of status include:

• Inability to be legally employed
• Inability to leave the country when your Green Card application is pending, unless you obtain an advance parole travel document

How To Marry A US Citizen In The US, On A Visa

If you are a foreign national considering marriage to a U.S. citizen and have not yet applied for a visa, you may want to consider a fiancé visa instead.

You can apply for a fiancé visa, also known as K-1 visa if you are engaged to a U.S. citizen and plan to marry no later than 90 days after entering the U.S.

After the marriage takes place, you need to apply for an adjustment of status.

You cannot apply for a K-1 visa if your fiancé is a lawful permanent resident — this option is only valid for U.S. citizens.

Although it typically takes more time and involves a more complex process than a tourist visa application, a K-1 visa will give you peace of mind, as you will not have to worry about being suspected of visa fraud.

A K-1 visa is an adequate solution if you want to travel and marry within the U.S.

If you marry outside the U.S., you can then apply for a spouse visa to be able to join your spouse in the U.S.

The difference between a fiancé and spouse visa is:

• The location where the marriage takes place: A K-1 visa allows you to marry inside the U.S. while a spouse visa is used to enter the U.S. after the marriage takes place in another country
• The applicants: Only a fiancé of a U.S. citizen is permitted to petition for a K-1 visa, while a spouse visa is available to fiancés of both U.S. citizens and lawful permanent residents

Other differences between a K-1 visa and a spouse visa include requirements, cost, application process and processing time.

Need Help With Your Marriage On A Visa? Contact Spar & Bernstein

Founded in 1958, with a focus on helping clients in all spheres of immigration law, The Law Offices of Spar & Bernstein represent clients worldwide and in all 50 states.

With a rich portfolio of successful sories, our knowledgeable immigration attorneys at Spar & Bernstein are dedicated to offering comprehensive legal services to help our clients navigate the complex immigration process.

If you married on a tourist visa and need to adjust your status, our experienced team will help you apply for an adjustment of status.

If you need to apply for a Green Card through consular processing, we’ll help you with the requirements at the U.S. Consulate or Embassy in your home country, by gathering and submitting documentation and preparing you for your consular interviews.

If you are considering a fiancé visa to join and marry your loved one in the U.S., we’ll support you by preparing and filing your petition, making sure your application meets the K-1 visa requirements. We will then help you apply for a Green Card, standing by your side every step of the way.

Providing personalized guidance and compassionate advocacy, our tenacious immigration lawyers will fight for the success of your immigration journey.

Join the 100,000 immigration and personal injury clients whose cases we have handled. We’ll research your details with care and compassion and explain your options to legally remain in the U.S. together with your loved one.

Getting Married On A Tourist Visa: FAQ’s

If you still have questions about your stay in the U.S. after getting married on a tourist visa, check out our FAQs below.

1. Does getting married on a tourist visa mean that I am guaranteed a Green Card?

Getting married on a tourist visa does not automatically guarantee a Green Card. To become a lawful permanent resident, you must take additional steps, such as applying for an adjustment of status or getting a different type of visa.

2. What happens if my tourist visa expires before the wedding?

If your tourist visa expires before the wedding, you need to contact a knowledgeable immigration attorney to discuss legal options for extending your stay.
Overstaying your visa will cause you to fall out of status and lead to serious consequences.

3. What happens if I overstay my authorized period of stay after getting married on a tourist visa?

Overstaying your authorized period of stay, also referred to as overstaying a visa, is treated as a violation of immigration laws. It can lead to serious consequences, including removal proceedings or being barred from reentering the U.S. for a certain period of time.

4. Can I extend my stay on a tourist visa?

You may be able to extend your stay on a tourist visa by six months to prevent falling out of status. Contact our experienced attorneys at Spar & Bernstein to discuss your options.

5. Can I work in the U.S. if I get married on a tourist visa?

If you get married on a tourist visa, you are not able to legally work in the U.S. Engaging in any form of employment without obtaining employment authorization is considered a violation of your visa terms.