US visitor visa to green card: What marriage does and doesn't allow

Marriage on a US visitor visa is legal, but lawyers warn that timing and intent can decide whether a green card follows or a case collapses

Can you get married in the US on a visitor visa and later get sponsored by your spouse for a green card? The answer is yes, provided you are from a country that is still being issued US visitor visas, such as India.

 

President Donald Trump’s immigration crackdown has put around 39 countries on a US travel ban list. Several African nations face a complete ban, meaning their citizens cannot travel to the United States at all, including to get married.

 

For those who can still enter the country, a US-based immigration lawyer says marriage itself is not the problem.

 

 

“It is completely legal to get married in the US on a visitor’s visa,” said Brad Bernstein, a US immigration attorney, in a social media post. “If you come in and get married and then fly home, no problem.”

 

Where things become complicated is when marriage is followed by plans to stay.

 

“But if you are coming on a visitor’s visa and planning to stay after you get married, you need to know the 90-day rule,” Bernstein said.

 

What is the 90-day rule and how do intent checks work?

 

“If you marry within the first 90 days of your entry on a tourist visa, when you go to apply for your green card, immigration can say you lied,” Bernstein said. “You said you were coming to visit, you got married, and applied for your green card. You had the intention of getting your green card and no intention of visiting. That’s misrepresentation and that just destroys your case.”

 

The 90-day rule is a guideline used by US Citizenship and Immigration Services and US consulates to assess intent at the time of entry. If someone enters on a visitor visa, marries a US citizen within 90 days, and applies for adjustment of status, it can trigger suspicion of visa misuse.

 

If the same steps happen after 90 days, there is no automatic assumption of fraud. That does not mean approval is guaranteed, but the burden of proving misrepresentation is lower.

 

What do lawyers say is the safer approach?

 

Bernstein said timing and intent are key.

 

“The right way to do things would be you enter, you visit, you stay more than 90 days, you genuinely changed your mind and decide to stay in the US,” he said.

 

“Then you marry. Then you adjust your status. That keeps you safe, that gets you a work permit in 90 days and a green card in less than a year.”

 

This route applies only when the marriage is to a US citizen, not a green card holder. Adjustment of status through marriage requires proof that the relationship is real and that the decision to stay came after entry, not before.

 

What is the legal path from a visitor visa to a green card?

 

Immigration lawyers describe the lawful sequence as follows:

 

•  Enter the US legally on a valid visitor visa with the intention of a temporary stay

•  Spend time in the US without pre-planned steps to remain permanently

•  After more than 90 days, decide to marry a US citizen

•  Apply for adjustment of status based on a good-faith change of plans

 

Applicants are expected to document their relationship, shared life, and marriage through official records and personal evidence.

 

What counts as marriage fraud and what are the penalties?

 

While marrying a US citizen is allowed, doing so only to secure immigration benefits can lead to serious consequences.

 

According to the Herman Law Firm, marriage fraud can take several forms:

 

< Marrying someone for money or immigration benefits

< Entering a fake marriage where both people know it is not real

< Tricking someone into marriage under false pretences

 

“First, make sure you’re not entering marriage to boycott US immigration law, which is punishable by law,” the firm said.

 

USCIS reviews marriage-based applications closely and looks for proof that the marriage is legally valid and genuine, starting with a marriage certificate and extending to financial records, shared addresses, and personal history.

 

“Every piece of information, every deadline, and every piece of evidence can make or break your case,” the firm said.

 

USCIS also runs an online portal where suspected marriage fraud can be reported. Tips can be submitted anonymously, though the agency asks for details such as names, dates, addresses, and supporting material.

 

US Immigration and Customs Enforcement often joins investigations where fraud is suspected. If marriage fraud is confirmed, deportation proceedings usually follow.