Just married to a US citizen? Here's when you can apply for a green card

Just married to a US citizen? You can file for a green card the day after your wedding. But if you’re in the US on a tourist visa, hold off for a bit—timing is everything.

 

“If you’re in the US on a tourist visa, filing too soon may raise red flags with US Citizenship and Immigration Services (USCIS) and trigger suspicion of visa fraud,” warned Abhisha Parikh, a US-based immigration attorney, in a social media post.

 

Why the 90-day wait matters

 

USCIS may question your intent if you apply for a green card shortly after entering on a tourist visa. The key concern? That you misrepresented your reasons for entering the US.

 

 

The US Department of State uses a “90-day rule” to assess intent. According to this guideline, if you carry out actions inconsistent with your visa status—like marrying a US citizen and applying for a green card—within 90 days of arrival, officers may presume you had immigrant intent all along.

 

While USCIS doesn’t formally follow the rule, cases filed within this window can be subject to extra scrutiny.

 

To stay on the safe side, immigration lawyers often suggest waiting at least 90 days before starting the green card process. This helps show your original purpose for travel was temporary.

 

What to file and when

 

Once you’re ready, you’ll need two forms:

 

Form I-130: Petition for Alien Relative  

Form I-485: Application to Register Permanent Residence or Adjust Status  

 

You must also provide proof that your marriage is genuine. This includes:

 

Joint bank statements and financial records  

Photos from your relationship  

Affidavits from friends or family  

Lease agreements or utility bills showing shared residence  

 

“But if you are already on a valid immigrant status, you can file as soon as you have your marriage certificate and documents ready,” said Parikh.  

 

She added, “Don’t rush—be smart and strategic!”

 

If USCIS suspects fraud

 

Marriage fraud is a federal crime in the US. On March 20, 2025, USCIS posted a reminder on X (formerly Twitter): “Getting married just to receive immigration benefits is a crime and can lead to deportation, arrest and substantial fines.”

 

All applicants must attend an interview. But if anything seems off, couples may be called for a Stokes interview—a more detailed session held separately for each partner.

 

“Basically, a Stokes interview is a special type of marriage green card interview that is usually scheduled if the immigration officer suspects marriage fraud. It's not a normal interview, and it can be nerve-wracking if you don't know what to expect,” said immigration lawyer Moumita Rahman in a video post.

 

These interviews can last several hours. The couple is first questioned together, then individually, and their answers are compared for consistency.

 

What they might ask

 

Here are some sample questions:

 

How did you meet?  

Where did you go on your first date?  

Who pays which bills?  

When is the garbage collected?  

How many bedrooms are in your home?  

Do you pay bills online or by cheque?

 

Common red flags

 

Moumita Rahman, a New York-based immigration attorney, outlined five reasons applicants may be flagged:

 

1. A large age gap between spouses  

2. Inconsistent answers at the first interview  

3. Weak or missing documentation  

4. Visible tension or arguments during interviews  

5. Conflicting details in public records or social media  

 

Another trigger is when couples live apart during the process.

 

Ketan Mukhija, senior partner at Burgeon Law, told Business Standard: “Given the current landscape of immigration processing delays, couples sponsoring spouses should meticulously prepare their applications to ensure that all required documentation is complete, accurate, and submitted on time to avoid unnecessary setbacks.”

 

He added that if a case is stuck for too long, legal tools like a writ of mandamus could be used to compel USCIS to act.

 

What USCIS counts as marriage fraud

 

Here’s what qualifies as marriage fraud under US law:

 

A fake marriage in exchange for money or benefits  

A mutual agreement to marry without intent to live together  

One partner tricking the other into marriage for immigration reasons