Can you marry in the US on a tourist visa

It is possible to get married in the US with a tourist visa if the immigrant has the necessary legal advice. For this you have the best immigration lawyers in Los Angeles, California by your side.

At Lluis Law, our attorneys have over 50 years of combined experience in all types of immigration cases. Give us a call and we can provide you with the advice you need to navigate this process safely.

Can you marry In 2025 In The US on A B-2 Tourist Visa?

Although it is possible to marry in the US with a B-2 tourist visa, this visa is not intended for that purpose. Therefore, getting married in the US with a tourist visa is not recommended.

While it is not illegal to get married while in the US on this type of visa, if you do, you should be aware of the legal implications. 

For example, if the marriage occurs shortly after you enter the United States and your adjustment of status , authorities may suspect possible fraud.

The key to marry in the US on a tourist visa is to prove that the original intention when entering was not to get married and stay permanently. In other words, the marriage was a genuine one. 

What does a foreigner need to get married in the United States?

In order for a foreigner to marry in the United States, it is necessary to have the appropriate identification and apply for a marriage license in the county where the wedding will take place.

Typically, a valid passport is required, proof that you are of the minimum legal age to marry and that you are not currently married.

Requirements for getting married in the United States 

Regardless of how you entered the country or your immigration status, a national foreigner who wishes to marry in the United States must meet the following requirements:

• Get married within 90 days of your admission to the United States;
• Have a request made by a citizen or legal permanent resident using Form I-129F;
• Prove that the marriage is genuine and not a sham marriage;
• Obtaining a K-1 Visa for Fiancés of US Citizens;
• Be at least 18 years of age.

Depending on your particular situation, additional criteria may be required, such as filing some type of immigration waiver of inadmissibility. At Lluis Law, we evaluate each case to ensure that you meet all the requirements to be legally in the U.S.

What happens if you are on the US as a tourist and Marry?

If you travel to the United States as a tourist and get married, it may have different repercussions on your immigration status. 

If your intention when getting married is to stay in the country, this could complicate matters. This is because the government could interpret this as marriage fraud in the US. 

Therefore, it is vital that your marriage is genuine and that you can prove that you had no intention of staying in the United States. Also, to adjust your status, you will usually have to answer a few marriage-based Green Card immigration questions.

Note: If you decide to take this path, be sure to keep proper documentation to support your case. Also, consider seeking legal advice to avoid future problems.

What is a Sham marriage in the United States?

Marriage fraud (a sham marriage) is defined as the act of marrying solely to obtain a Green Card or other immigration benefit without the true intention of forming a marital union.

What evidence must be submitted to Marry on the US with a tourist visa?

When getting married in the United States, whether on a tourist visa or another type of immigration status, it is keyto prove the authenticity of your relationship to avoid problems with immigration. Typically, some of the evidence that can be helpful includes:

• Co-parenting documentation: If you have children, birth certificates and legal custody agreements certifying your role as parents.
• Relationship documentation: Photos together, text messages, and letters that show the development of your bond over time.
• Evidence of cohabitation: Rental agreements, property deeds or utility bills that show that you live together.
• Joint financial evidence: Shared bank accounts and jointly filed tax returns reflect an intertwined financial life.
• Testimonies from family and friends: Affidavits from people close to you who can attest to the sincerity of your relationship.
• Records of joint travel: Passports with entry and exit stamps, as well as airline tickets showing that you have traveled together. 

Can I really get married in the United States if I am illegal?

The short answer is yes, it is possible to get married in the United States even if you do not have legal immigration status. 

In fact, it is quite common for US citizens to marry undocumented immigrants. 

However, it is important to consider whether the immigrant entered legally or illegally, as this may influence the process to adjust their immigration status after marriage.

Marriages in the United States with legal entry 

Immigrants who enter the United States legally generally do not face significant difficulties in obtaining residency through marriage. This is because their status allows them to move through this process without as many problems.

However, each case may have its own particularities. For this reason, it is advisable to seek the advice of a lawyer specializing in immigration.

Marriages in the United States with illegal entry 

If the foreigner entered the United States illegally and has remained for more than 6 months, they will likely have to complete the Green Card interview at the US consulate or embassy in their country of origin.

Illegal entry can carry severe penalties that not only make it difficult to re-enter the country, but can also affect your application for residency. 

What is the process for obtaining a Green Card when getting married in the United States with a tourist visa?

If you decided to get married in the United States with a tourist visa, the process to obtain the Green Card generally takes place as follows:

1# Enter into a valid marriage

It is essential that the marriage is legitimate and recognized by law. Therefore, it must be legally registered and have supporting documentation. 

Fraudulent marriages are not eligible for the Green Card process.

2# Submit Form I-130 to USCIS 

Once married, the US citizen or lawful permanent resident spouse must file a petition with USCIS using Form I-130.

This form starts the process for American residency through family petition. However, it must be completed correctly, including proof of the marital relationship. 

Note: For more information on this step, please visit our article: “How long does it take to bring your spouse to the US.”

3# Carry out the adjustment of status or the consular process  

Once the immigrant visa petition is approved, the foreign spouse must choose between 2 options:  

• Adjustment of Status in the US: If the foreign national is in the country, they may file Form I-485 with USCIS to adjust their status. If approved, they will receive a Green Card without having to leave the country. 
• Consular Process: If the foreigner is outside the US, they must follow the consular processing. This involves obtaining a visa at the US embassy or consulate in their home country and then entering the US to receive the Green Card.

Note: As we have said throughout this blog, although you can marry on the US with with a tourist visa, it is not ideal. For this, there is the K-1 fiancé(e) visa . This is the visa that will allow you to legally marry in the US.

4# Take the medical exam and consular interview  

In both the adjustment of status and the consular process, the foreigner must undergo a medical examination.

Additionally, an interview will be scheduled with a USCIS officer to verify the authenticity of the marriage and the applicant’s eligibility.

5# Receive the Green Card  

If the application is approved, the foreigner will obtain a Green Card. However, if the marriage is recent, they will only receive conditional permanent residence in the United States, which will be valid for 2 years.

After this period, you can renew your application by applying for a 10-year Green Card through the removal of conditions process.

Can I get married in the US with an ESTA permit?

No, you cannot get married in the US with an ESTA permit if your intention upon entering was only to visit this country. 

The ESTA is a permit to travel to the United States for tourism purposes and does not offer a path to lawful permanent residency. However, if you enter the country without the intention of getting married and later decide to do so, you may be eligible to apply for adjustment of status. 

However, it is important that your marriage is genuine and that you provide the necessary evidence of this.

After entering the US, how long do I have to get married?

There is no specific waiting period after entering the US to get married. Therefore, you can do so as soon as you want, as long as you are in legal status. 

However, if you have a K-1 visa, you must get married within 90 days of entering the US, otherwise you will lose your status and must leave the country. If you do not do so, you will face deportation proceedings.

What is the 30/60 rule in immigration? 

The 30/60 rule is an immigration regulation established by the Department of State and applied in certain USCIS cases, especially in marriages. 

The rule is used to evaluate a foreign national’s intent in entering the US and to determine whether immigration fraud occurred in the adjustment of status process. The rule states:

• Within the first 30 days: If the foreign national marries or adjusts status within the first 30 days of entering the US, authorities may assume that there was a prior intent to stay in the country. This is considered an indication of fraud and may result in denial of adjustment of status.
• Between 31 and 60 days: If the application or marriage occurs between 31 and 60 days after arrival, it may also raise suspicions that the purpose of the trip was to get married. In this case, an investigation will be carried out to confirm the authenticity of the relationship and the applicant’s intentions.

It is important to note that although this rule provides guidance, the immigration officer has the discretion to approve or deny the application, based on their judgment.

Recommendations for Adjustment of Status through Marriage in the US

• The marriage must be genuine. Remember that a fraudulent marriage may result in denial of the application and possible deportation proceedings.
• Be aware of the 30/60 day rule. Getting married soon after arriving in the US may raise suspicions about your initial intent for entry.
• If you are denied adjustment of status, you could face deportation. Generally, denial of this process can lead to your removal from the US.
• Apply for a travel parole. Do not leave the US after applying for adjustment of status without an Advance Parole or your Green Card. Doing so could be considered to mean that you have abandoned your application.
• Be honest with border agents. Always tell the truth about the purpose of your trip to the US to avoid problems during immigration inspection.
• Getting married and returning to your home country. You are more likely to be able to get married in the United States on a tourist visa if you can show that you will return to your home country.
• Avoid fraud. Any attempt to deceive immigration authorities can result in a lifelong ban from entering the US.

Frequently asked questions on how Can you marry in the US on a tourist visa

What documents do I need to apply for a Green Card if I got married in the United States?

As a general rule, for your application for a Green Card based on marriage, you must submit the following documentation to USCIS:

• Form I-485: Used to adjust your status and obtain legal permanent residence in the US.
• Form I-130: This form must be filed by the US citizen or lawful permanent resident spouse to apply for an immigrant visa.
• Form I-130A: This document collects additional information about the alien.
• Form I-864: This form is submitted by the US citizen or lawful permanent resident spouse to demonstrate their ability to financially support the foreign national once he or she obtains the Green Card.
• Form I-693: This is used for the foreign national to undergo a medical examination performed by a professional authorized by USCIS.

These documents are crucial to the process of obtaining a Green Card through marriage. Therefore, it is advisable to seek professional legal advice to ensure that they are submitted properly and on time.

Can I stay in the US if I marry someone?

Normally yes, since marrying a US citizen or lawful permanent resident is another way to obtain a Green Card in the US. 

After marriage, you will be granted conditional status. After the specified time has passed, you will need to file Form I-751 to remove the conditions on your residence and obtain a permanent Green Card.

How long does it take to get a marriage visa in the United States?

The processing time for obtaining a marriage visa can vary considerably depending on each couple’s situation. 

• On average, the process can take between 10 and 23 months if the applicant spouse lives in the US and is married to a US citizen. 
• If the spouse is a legal permanent resident and lives in the US, the estimated time is 29 to 40 months.
• On the other hand, if the spouse seeking residency lives abroad, the time can range from 11 to 40 months. This depends on whether they are married to a citizen or lawful permanent resident.

It is worth mentioning that these times may be affected by additional delays at the embassy or consulate, as well as by the backlog of cases at USCIS. 

If I marry an American citizen in the United States, will I be able to become an American citizen?

It is not possible to obtain American citizenship directly through marriage. However, marrying an American citizen can lead to obtaining a Green Card, provided that you meet the necessary requirements. 

After you have obtained your Green Card, over time, you may be able to naturalize. 

If I cannot get married with a tourist visa, what options do I have?

If you are unable to marry on a tourist visa, there are a few alternatives you may want to consider. I recommend consulting with an immigration attorney to evaluate your situation and determine which option is best for you:

• If you are not already married, the US citizen may apply for a K-1 fiancé visa. This visa allows you and your children to legally enter the country for the purpose of getting married.
• If you have already married in the United States, you will need to leave the country and apply for a K-3 visa. If the marriage occurs abroad, the American citizen may apply for this visa, and you will have to wait in your home country for your Green Card.

Why is legal advice important when you plan to marry in US with a tourist visa?

Legal advice is essential when getting married in the United States with a tourist visa, since this visa is not intended for getting married or changing immigration status. 

Attempting to do so can lead to legal complications, especially if authorities believe there was a hidden intention to remain in the country.

At Lluis Law, our Los Angeles immigration attorneys have vast experience in family immigration cases and can help you navigate this process safely, avoiding mistakes that put your immigration status at risk. 

Now you are more informed and know that although you can marry on the US on a tourist visa there are better paths. With our guidance, you will be sure to comply with all legal requirements and avoid problems. Contact us today and we will be happy to assist you.