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How to Apply for a Change of Status From a Visitor Visa to a Marriage Green Card

Every year, many foreign nationals meet and fall in love with U.S. citizens and permanent residents while in the country on a B-1/B-2 visitor visa. Many couples choose to make their home in the United States. When that happens, the foreign spouse needs to get a green card to live in the country legally. U.S. immigration law allows immigrants on tourist visas to petition for an adjustment of status from their visitor visa to a green card, but the foreign spouse must meet certain eligibility criteria to do so. In this article, we describe how a foreign spouse qualifies to apply for a marriage green card while on a visitor visa, and what the application process is like when they are changing their immigration status.

Written by Jonathan Petts .  Written May 25, 2022

Can I Change My B-1/B-2 Visitor Visa to a Marriage Green Card?

Applicants who meet certain conditions can qualify to change their immigration status from a visitor visa to a green card. First, you must be eligible for a green card. You can apply for a green card if you meet certain requirements, such as employer sponsorship or familial relationships with a U.S. citizen or lawful permanent resident. While many different family members qualify, immediate relatives have special priority. For example, spouses fall under the category of immediate relatives. 

There are two different paths for spouses to receive a green card. If the spouse is not located in the United States, they can apply for consular processing. If the spouse is already located in the United States, the Immigration and Nationality Act (INA) allows them to apply for adjustment of status .

Who Qualifies for an Adjustment of Status to a Marriage Green Card?

To apply for adjustment of status as the spouse of a U.S. citizen or lawful permanent resident, you must meet two requirements:

Must be located in the United States when you apply 

Must have entered the United States lawfully

For most people, this means you entered the United States with proper travel documents and a valid visa. You also made contact with a Customs and Border Patrol (CBP) immigration officer and the officer recognized your entry. Spouses who entered through the visa waiver program can adjust their status only if they’re married to U.S. citizens. If you are now in unlawful presence, but your entry was lawful, you still qualify. 

What Is the 90-Day Rule?

You need to be present in the United States to submit an adjustment of status application. However, it is important to recognize that B-1 or B-2 visa holders who use adjustment of status to apply for a green card may seem suspicious. 

When you use a B-1 or B-2 visa to enter the United States, you have a nonimmigrant status because you declared that you intend to return home within a certain period. However, if you stay in the United States and apply for a green card, it may seem that you inaccurately represented your original intention to leave. As a result, a U.S. Citizenship and Immigration Services (USCIS) officer could reject your green card application and remove your visa if they decide you purposefully lied. 

It is important to use the 90-day rule to avoid this potential issue. USCIS officers assume that temporary visa holders who apply for a green card within 90 days of arriving in the United States purposefully misrepresented their intentions to leave. USCIS officers decide whether or not you were dishonest about your intentions, so you may be able to prove that you were honest. However, it is safer to prevent this potential issue by waiting at least 91 days after arriving in the United States to file for a green card application.

How Do I Adjust Status From a B-1/B-2 Visa to a Marriage Green Card?

When you’re sure you won’t be affected by the 90-day rule, you can apply for adjustment of status to obtain a marriage green card . Since your spouse already arrived via a B-1 or B-2 visa, they won’t be obtaining an immigrant visa but instead changing their current status. The process will be slightly different depending on whether your spouse is a U.S. permanent resident or U.S. citizen. 

If I Married a U.S. Permanent Resident (Green Card Holder)

If you married a U.S. permanent resident and hope to get a marriage green card through adjustment of status, your spouse should file Form I-130 . Form I-130 is the family sponsorship form and is officially named “Petition for Alien Relative.” After your spouse files this form, you must wait to receive a visa number to apply for a marriage-based green card. However, your next steps depend on whether you get your visa number before or after your B-1 or B-2 visa expires. 

Before Your Visa Expires

If you receive your visa number before your visa expires, you can stay in the United States to file your green card application. You will fill out Form I-485 , which is officially named “Application to Register Permanent Residence or Adjust Status.” After USCIS approves your application, you will receive your physical card. The entire process, beginning when USCIS received your Form I-130, will take about 29 to 38 months . 

After Your Visa Expires

If you receive your visa number after your visa expires, you have to leave the United States to file your green card application through consular processing. You will use the process for spouses married to green card holders but living in their home country. After USCIS approves your green card application, you will receive the physical card. The entire process, since USCIS received your Form I-130, will likely take 23 to 32 months . 

You will have to leave the United States unless you can extend your B-1 or B-2 visa or get another type of temporary visa to remain legally. If you can do so, you can follow the process for spouses married to green card holders and living in the United States. 

If your spouse becomes a U.S. citizen through naturalization while waiting for your visa number, you can switch your process to the process for people who married a U.S. citizen. You can do this even if you have already started your application process. 

If I Married a U.S. Citizen

However, if you married a U.S. citizen and hope to get a green card through adjustment of status, you and your spouse will have a somewhat similar process when following the steps to obtain a marriage green card . You and your spouse should try to file the following forms at the same time. Although you can file them separately, that is unusual. 

Your spouse, who is a U.S. citizen, should sign and file Form I-130, which is officially named “Petition for Alien Relative.” You, as the B-1 or B-2 visa holder, need to file Form I-485. Form I-485 is the green card application and is officially named “Application to Register Permanent Residence or Adjust Status.” You will likely receive your green card 10 to 13 months after USCIS receives your application package if you married your U.S. citizen spouse “in good faith.” “In good faith” means that you did not marry them just to receive a green card, and you will have to prove this to the U.S. government.

You also have the option to return to your home country to file your green card application through consular processing. Your local U.S. consulate or embassy will review your application. There will be lower application fees and a longer processing time to receive your green card if you use consular processing. 

Frequently Asked Questions About Adjustment of Status From B-1/B-2 Visas to Marriage Green Cards

Adjusting your visa status can be complicated. Here are some answers to frequently asked questions (FAQ), including application processing times, working in the U.S. while waiting, and other general application tips. 

How Long Does Adjusting Status to a Marriage Green Card Take?

Immigration application processing times can vary widely. The time it takes to adjust status to a marriage green card can vary depending on whether your spouse is a U.S. citizen or permanent resident and whether you reside in your home country or the United States. On average, it will take 10 to 38 months to receive your green card. Here are some common times depending on your circumstances:

Married to a U.S. citizen and living inside the U.S.: 10 to 13 months

Married to a U.S. citizen and living outside the U.S.: 11 to 17 months

Married to a green card holder and living inside the U.S.: 29 to 38 months

Married to a green card holder and living outside the U.S.: 23 to 32 months. 

Can I Work While Waiting on a Decision on My Adjustment of Status Application?

You can work while waiting for your decision if you meet certain requirements. For example, if you came to the United States through a work visa, you could continue to work if the visa is still valid. If you came to the United States on a different visa, you might be able to get a work permit. You should file Form I-765, officially named “Application for Employment Authorization,” to receive a work permit . If USCIS approves your application, you can legally get a job. 

What Are Some Tips To Keep in Mind While Considering Adjustment of Status to a Marriage Green Card?

As you are considering adjusting status to a marriage green card, keep in mind that you can request an extension for your B-1 or B-2 visa. If you have a six-month visitor visa, you can request an additional six months to stay in the country. You should file for an extension or adjustment of status before your current visitor visa expires. It is important to ensure you don’t overstay your visa and become unlawfully present. 

You can also consider using a K-1 visa instead of a B-1 or B-2 visa if you have not yet married your spouse, but you will be traveling to the United States for your wedding. The K-1 visa is for foreign citizens who want to travel to the United States to marry their U.S. citizen fiancé. It allows you to apply for a green card after marriage without leaving the United States. In addition, the K-1 visa can help prevent further suspicion about your intentions when applying for adjustment of status.

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K-3/K-4 Nonimmigrant Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e) . This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:

• Is married to you;
• Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and
• Seeks to enter the United States to await USCIS’ decision on the Form I-130.

A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

• Under 21 years of age;
• Unmarried; and
• The child of the K-3 visa applicant you filed for.

To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS:

• Form I-130, Petition for Alien Relative : Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received your Form I-130.
• Form I-129F, Petition for Alien Fiancé(e) : Submit Form I-129F to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-129F page. You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa.

To obtain a K-4 visa for your spouse’s children, you do not need to file a separate Form I-129F or Form I-130. You must list your spouse’s children on the Form I-129F you filed for your spouse.

Please note, however, that you must file a separate Form I-130 for your spouse’s children before they may apply for a Green Card. In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married.

If USCIS Approves Form I-130 First or at the Same Time as the Form I-129F

If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents.

Because K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time.

If USCIS Approves Form I-129F First

If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State. Your spouse does not need to submit Form I-864, Affidavit of Support when applying for the K-3 or K-4 visa but will need to provide evidence showing that he or she will not become a public charge while in the United States. For more information on the visa application process, please see the Department of State’s Nonimmigrant Visa for a Spouse (K-3) webpage.

If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.

If you are granted a K-4 visa, DHS will admit you for a 2-year period or until the day before your 21st birthday, whichever is shorter. Your status will expire when you turn 21 years old. You generally cannot change your status in the United States to another nonimmigrant visa category.

Extension of Stay

If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:

• That a Form I-130, a Form I-485, or an immigrant visa application is still pending; or
• Good cause why you did not file a Form I-485 or immigrant visa application after USCIS approved the Form I-130 filed for you.

If you have a K-4 visa, you must file your extension application together with your parent’s K-3 status extension application.

USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments.

If you are admitted to the United States with a K-3 or K-4 visa, you are automatically authorized to work based on your status. To obtain evidence of employment authorization, you may file Form I-765, Application for Employment Authorization at any time after being admitted to the U.S. Alternatively, you may file an application for a Green Card and then apply for employment authorization based on that pending application even if your K-3 or K-4 nonimmigrant status expires.    

Travel Document

K-3 and K-4 visa holders may travel temporarily outside of the U.S. When you return from your temporary foreign travel, you may use your K-3 or K-4 visa to apply for admission to the United States. You do not need an advance parole document unless your K-3 or K-4 visa will be expired when you return to the United States and you have a pending Form I-485. In this case, the advance parole must be approved before you leave the United States.

K-3 and K-4 visa holders must have an approved Form I-130 to be eligible for a Green Card to become a lawful permanent resident. You may apply for a Green Card at any time (even while the Form I-130 is pending) by filing Form I-485, Application to Register Permanent Residence or Adjust Status . If you have a K-3 visa, you may only apply for a Green Card based on your marriage to the U.S. citizen spouse who petitioned for your K-3 status.

If you have a K-4 visa, you may only apply for a Green Card based on the step-parent/step-child relationship created when your K-3 parent married the U.S. citizen who petitioned for your K-4 visa. You may also benefit from certain age-out protections under the Child Status Protection Act (CSPA). For more information on CSPA, see the Child Status Protection Act (CSPA) webpage.

For more information on applying for a Green Card, please see the Green Card for Immediate Relatives of U.S. Citizens webpage.

Conditional Permanent Residence

If USCIS approves your Form I-485, you will receive a Green Card. If you are K-3 visa holder and you have been married to your U.S. citizen spouse for at least 2 years when USCIS approves your Form I-485, your Green Card will be valid for ten years.

However, if you have been married to your U.S. citizen spouse for less than 2 years when USCIS approves your Form I-485, you and any K-4 children will become conditional permanent residents. This means that the Green Card you and your children receive will be valid for two years. In order to remove the conditions on residence, you (and your children) and your U.S. citizen spouse must file a Form I‑751, Petition to Remove Conditions of Residence in the 90 days before your Green Card expires. For more information, see the Conditional Permanent Residence webpage.

If you have a K-3 visa, your authorized stay in the United States automatically terminates 30 days after any of the following events:

• USCIS denies or revokes the Form I-130 filed for you;
• USCIS denies your Form I-485;
• The Department of State denies your immigrant visa application based on Form I-130; or
• Your marriage to the U.S. citizen petitioner ends through divorce or annulment before you become a lawful permanent resident. 

If you have a K-4 visa, your authorized stay in the United States automatically terminates 30 days after any of the following events:

• Your parent’s K-3 status ends;
• The Department of State denies your immigrant visa application based on Form I-130;
• You turn 21 years old; or
• You marry before becoming a lawful permanent resident.

If you believe you are in a forced marriage, are at risk of a forced marriage, or are being forced to petition for a spouse, visit our Forced Marriage page to learn about the options available to you.

For more information, see the following:

• INA 101(a)(15)(K) – Definition of K nonimmigrants
• INA 214 – Admission of Nonimmigrants
• INA 216 – Conditional Permanent Residence
• INA 245 – Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence
• 8 CFR 214.2(k) – Spouses, fiancées, and fiancés of U.S. citizens
• 8 CFR 245 – Adjustment of Status to that of Person Admitted for Permanent Residence
• 8 CFR 274a.12– Classes of Aliens Authorized to Accept Employment

More Information

• How Do I Help My Relative Become a Permanent Resident? (PDF, 688.27 KB)
• How Do I Help My Fiancé(e) Become a Permanent Resident? (PDF, 679.12 KB)
• Citizenship
• Form I-130, Petition for Alien Relative
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support
• Form I-129F, Petition for Alien Fiancé(e)
• Family Based Forms

Other USCIS Links

• Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the U.S and Facts about Immigrating on a Marriage-Based Visa Fact Sheet
• Green Card for a Family Member of a U.S. Citizen
• Green Card for Immediate Relative of a U.S. Citizen
• Visa Availability & Priority Dates

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Getting Married On A Tourist Visa To A US Citizen

Can you do it, introduction.

Foreign nationals often wonder if they are allowed to get married on a tourist visa while in the U.S., and apply for Adjustment of Status seeking Permanent Residence in the U.S.

You may have heard about individuals who got married in the US while on a tourist visa, didn’t return home, and later successfully adjusted to permanent resident status.

Is it possible to adjust status from a tourist visa or visa waiver? Are you allowed to stay in the U.S. after marriage?

Can I Marry A US Citizen on A Tourist Visa?

The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program.

There is nothing in the regulations that say individuals who are in the US as visitors cannot get married. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

The time when individuals run into trouble is when they enter the US on a tourist visa with the clear intention of marrying and staying permanently in the US. Coming to the US on a visitor visa with the sole intention of getting married in the US and then filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they perceive has committed visa fraud.

However, it is still possible to adjust status from a tourist visa or visa waiver after getting married in the US. Individuals who are able to file the adjustment of status applications are generally able to prove that they came to the US with honest visitor intentions and the decision to stay permanently and/or getting married was made well after the entry. Proving that you entered the US with no preconceived intent to marry and file for adjustment of status can be difficult for some but definitely not impossible.

Top 8 things you should consider before getting married on a Tourist Visa or Visa Waiver

1. the marriage must be in good faith.

One of the most important things that you must prove to USCIS is that your marriage was entered in good faith.

If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application. Denial of the application may result in the initiation of deportation or removal proceedings.

IMPORTANT You will have to submit sufficient documents and proof that your marriage is really a good faith marriage.

2. The 30/60 Day Rule

The Department of State developed a ’30/60 day rule’ to help consular officers determine if someone has committed visa fraud. Under the rule, if an individual is applying for a visa at the Consulate and has previously filed for Adjustment of Status or another change in nonimmigrant status within 30 or 60 days of entry in the US, preconceived intent is assumed.

This rule has, in some ways, been adopted by USCIS in the adjudication of Adjustment of Status applications. This ’30/60 day rule’ makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and harmful within 30 days of arriving.

People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. That is why it is important to know about this rule and to understand how it works before you get married and apply for adjustment of status.

DID YOU KNOW? If a person violates nonimmigrant status or files for a change of status or adjustment of status: 1. Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview. 2. Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation. 3. After 60 days, there is no presumption of misrepresentation (arguably, the burden would shift to the government to prove there was any misrepresentation if it is alleged).

3. Timing of The Wedding

The timing of your wedding may raise red flags for USCIS when examining your case.

If you are married too soon after entry and later apply for Adjustment of Status, it may be assumed that you entered the US with preconceived intent, despite filing the Adjustment of Status application after 60 days.

If you are entering the U.S. with the intention of getting married and then returning to your home country, the timing of your wedding in relation to your entry is largely irrelevant.

4. What Happens If Adjustment of Status Is Denied?

The possibility of being denied for an adjustment is very real, so you and your spouse must both be prepared for any eventuality.

If you came to the U.S. as a visitor and your adjustment of status is denied, USCIS may refer you to Immigration & Customs Enforcement to begin the process of removal, or ‘deport’ from the country. It is important to remember that if you entered the country as a Visa Waiver applicant, you may not have the right to argue your case in front of an immigration judge.

DID YOU KNOW? 1. The reasons for denial of adjustment of status are not limited to lack of evidence that the marriage is bona fide, or you did not enter with a preconceived intent to marry and remain in the U.S. Reasons for denial may include a person’s health, criminal history, or previous sanctions. 2. If the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country.

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5. You Cannot Leave The US Immediately After Marriage

After you have married and filed for adjustment of status you will not be able to leave the U.S. until you apply for and receive Advance Parole or Green Card.

If you leave the country before receiving one of these two documents, you may not be allowed to re-enter the US and your adjustment of status application can be deemed ‘abandoned’ and denied. You and your spouse would have to start the immigration process from scratch and your spouse may have to wait outside the U.S. to consular process.

IMPORTANT If your adjustment of status application is pending, and did not apply for and obtain the Advance Parole before leaving the U.S., the U.S. Citizenship and Immigration Services (USCIS) considers you to have abandoned your adjustment of status application, and may not permit you to re-enter the U.S.

6. Border Protection Officers Are Watching You

When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.

If you state your intent as, “to see the Grand Canyon” and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling, i.e. secondary inspection and possibly an immediate return to your home country on the next flight.

IMPORTANT If the border official believes that you are not coming to the US as a visitor and you cannot prove your intent to leave before your visa expires, you’ll find yourself on the next plane home.

7. Enter on A Tourist Visa, Get Married And Return Home

Many foreign nationals want to know if they can come to the US on a tourist visa to get married, but ‘with the intention of going back to the home country after the marriage’.

Nothing in the regulations say that you can’t get married on a tourist visa or on visa waiver. You are certainly allowed to get married and go back home before your status expires, but you must be ready to present strong and solid evidence to prove to the CBP officer that you intend to return your home country after the wedding. You should come armed with things like lease agreements, letters from employers, a return ticket and/or evidence that your US Citizen spouse actually intends to return with you to your home country.

REMEMBER The more evidence that you can show that proves your intention to return home after the wedding, the greater your chances of getting through at the port-of-entry.

8. No Excuse For Visa Fraud

If you think it’s easy to fool the U.S. immigration officers – think again!

If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is proven, you will face serious consequences. At the very least, you will have to return to your home country. Worse still, you may receive a lifetime ban from reentering the US, a ban that may be extremely difficult to overcome.

IMPORTANT The USCIS has very strict rules for those people who come to the Unites States on tourist visa with the sole intention of getting married and trying to stay. Not everyone who get married on a tourist visa while in the US is eligible to apply for adjustment of status.

My Case Scenario Joseph Drumbell

Joseph Drumbell came to the United States on Visa Waiver as a tourist to attend his best friend’s wedding and for some sight-seeing. He was an Australian national. This was Joseph’s first visit to the US. While in the US, Joseph met a girl and they fell in love. Maria was a US citizen. A few weeks after meeting each other, they got married – pretty fast! They were quite happy and wanted to settle down in the US, but there was something that made Joseph restless…

Many of his friends told him that getting married on a tourist visa was dangerous [or even illegal] and that US immigration officials would deport him back to Australia. Joseph asked several people but, much to his surprise, he received many different answers. He was now left with only one troubling question: ‘Can one get married in the U.S. while on a tourist visa?’

Joseph had no preconceived intention of getting married while he was in the US on a tourist visa, and the marriage was entered in good faith. Joseph consulted an immigration attorney and filed for adjustment of status successfully.

You should consider all the pros and cons of getting married on tourist visa. It is wise to assess all possible options, including a fiancé visa, to avoid any complexities when you arrive in the U.S.

If you are considering getting married on a tourist visa to U.S. Citizen, contact VisaPro Law Firm today for a  FREE Green Card Consultation . We’ll review your specific situation and develop the best strategy based on our attorneys’ near 100% success rates.

Make your marriage a beautiful moment of your life!

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Home » Blog » Fiancé Visa vs Spouse Visa: Which is Better?

Fiancé Visa vs Spouse Visa: Which is Better?

January 16, 2024 Apply for Green Card

Getting married can be an overwhelming process, but navigating the U.S. immigration system is no easier. When a U.S. citizen marries a foreign national, there are fundamentally two different ways for the foreign citizen to immigrate to the United States and obtain a green card. The choice — a fiancé visa vs spouse visa — can cause confusion for many couples. Each has its own benefits. So what’s best for one couple may not be ideal for another couple’s situation. In making your decision, you’ll need to consider speed of the process, cost, as well as other factors.

Immigrate as a fiancé Immigrate as a spouse Options for same-sex couples Compare fiancé visa vs spouse visa:

• Best place to get married
• Fastest way to get married
• Quickest path to being together in the U.S.
• Easiest supporting documentation
• Less expensive option for visa
• Best options for travel during process

Best path for immigrating through marriage

Generally, a couple can marry first and then immigrate to the United States. Or some couples may prefer to have the wedding in America. As a U.S citizen, you have two options to bring your partner to the United States (fiancé visa or spouse visa). Permanent residents may only petition a spouse; they cannot petition a fiancé.

Immigrate as a Fiancé (K-1 Visa)

A U.S. citizen may petition a foreign national fiancé to come to the United States for the purpose of marriage. Congress specifically created the K-1 visa for this purpose. Once the foreign fiancé has entered the United States with a K-1, they must marry the U.S. citizen within 90 days or depart the U.S. The process begins with U.S. citizen filing Form I-129F, Petition for Alien Fiancé . After marriage, the K-1 visa holder may adjust status to permanent resident . At the end of this process, U.S. Citizenship and Immigration Services (USCIS) issues the beneficiary a green card.

K-1 Visa Path to a Marriage-Based Green Card

Immigrate as a spouse (cr-1 or ir-1 visa).

U.S. citizens and lawful permanent residents may petition a foreign national spouse to immigrate through marriage. The process begins with the U.S. citizen or permanent resident filing Form I-130, Petition for Alien Relative and Form I-130A, Supplemental Information for Spouse Beneficiary. The spouse will go through consular processing and enter the United States with an immigrant visa. Individuals with an immigrant visa receive a green card. USCIS mails the actual green card to the spouse shortly after entry. For a more detailed breakdown of consular processing and the various steps, review our article below.

Green Card through Consular Processing

If you are already married and the foreign national spouse is physically present in the United States, consular processing may not be appropriate for your situation. Instead, the foreign national spouse may want to apply for the green card from inside the U.S. This process is known as adjustment of status . Form I-130 continues to be an important part of the application package, but there are additional forms. For a complete description of adjustment of status, see our article below.

It also may be helpful at this point to provide a distinction between the CR-1 and IR-1 immigrant visas. They are essentially the same thing. However, USCIS will grant conditional residence (CR-1) when the marriage is less than two years old at the time of admission. Consequently, most foreign nationals evaluating the difference between a fiancé visa vs spouse visa will ultimately receive a CR-1 immigrant visa.

Same-Sex Marriages

Both the K-1 visa and CR-1/IR-1 spouse visa are available to same-sex couples. Same-sex spouses of U.S. citizens and permanent residents, including their minor children, are eligible for the same immigration benefits as opposite-sex spouses. Your eligibility to petition a spouse or fiancé, and your beneficiary's admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage. In other words, USCIS treats same-sex marriages the same. However, it is essential that the marriage was legal in the jurisdiction where it occurred.

Direct Fiancé Visa vs Spouse Visa Comparison

There isn't one option that's best for all couples. The best type of visa depends on you and your specific situation. It's often a personal decision. Here are several factors to consider when contrasting the fiancé visa vs spouse visa:

1. Place of Marriage

Congress designed the K-1 fiancé visa as a way for a foreign national fiancé to come to the U.S. for marriage. Therefore, the K-1 visa is generally the best solution if the couple desires to marry inside the United States. This path does require some pre-planning. The marriage must take place in the U.S. within the 90 days of the K-1’s admission to the United States. An adjustment of status package should ideally follow shortly thereafter. If your preference is a marriage outside the United States, the K-1 is probably is not the right choice for a visa. Some couples choose to have an unofficial wedding reception or religious ceremony that is not legally binding abroad then come to the U.S. to be legally married.

On the other hand, it is possible for the couple to marry in the United States without a K-1 visa if the foreign national is already physically present. If the foreign national had a lawful entry, the adjusting status to permanent resident is typically straight forward for the spouses of U.S. citizens. Even if the foreign national overstayed a visa many years ago, they can generally obtain a green card through marriage to a U.S. citizen without any special hurdles.

2. Speed of Marriage

If your priority is to become married as soon as possible, it will generally be quicker to marry outside the United States. (This assumes the foreign national is outside the United States.) The K-1 visa processing time is several months. There's a tradeoff. If you do opt to marry outside the United States, the U.S. citizen won't be able to file Form I-130 until you have married and have evidence of that marriage (marriage certificate).

Again, it is possible for the couple to immediately marry in the United States if the foreign national is already physically present.

3. Speed of U.S. Presence

If your goal is to be together in the United States as soon as possible, the K-1 visa is generally the fastest path. From the date of filing to the date of admission to the U.S., the K-1 visa processing time is typically a little shorter than the I-130 processing time . Current conditions, service center case loads, and your particular case could vary in length.

Many foreign nationals may consider entering on a B-2 visa or visa waiver program for the purpose of marriage or adjusting status. This is not recommended. Although many people do it successfully each year, it is a visa violation to have a preconceived intent to adjust status when entering the U.S. on most nonimmigrant visas.

Congress did introduce the K-3 visa for the spouses of U.S. citizens to reduce family separation. By design, the U.S. citizen may request a K-3 visa for a foreign spouse by filing Form I-129F. (You may file Form I-129F concurrently with Form I-130 or after filing the I-130 petition.) The K-3 visa allows the foreign national spouse to enter the United States to either await consular processing or simply apply for the green card through adjustment of status. In practice, the U.S. State Department rarely issues the K-3 visa. Generally, the State Department approves the immigrant visa petition first, rendering the K-3 unnecessary.

4. Supporting Documentation

The supporting documents that you'll need to submit for each process are very similar. Perhaps the most underestimated requirement is the need to prove that a bona fide relationship exists. Marriage fraud, using fictitious marriage information to circumvent immigration laws, has historically been a problem area for U.S. immigration officials. You must do more than produce a marriage certificate. You must demonstrate that a genuine relationship exists.

CitizenPath provides immigration services to help you prepare a petition for either visa. In addition to your prepared forms, CitizenPath provides you with customized filing instructions are tailored to your answers in the petition so you know what to do for your specific situation. The filing instructions provide a checklist for necessary supporting documents and how to organize your petition.

5. Cost of Fiancé Visa vs Spouse Visa

Note that in this comparison of fiancé visa vs spouse visa costs, we are including the fees all the way to a green card. Each path requires slightly different forms with various fees. If costs are a major concern, obtaining the spouse-based immigrant visa (CR-1 or IR-1) will generally be less expensive.

Typical Fees for a K-1 Visa

There are additional costs if you'll need help preparing your I-129F petition and adjustment of status. CitizenPath offers an affordable K-1 Visa Petition Package and a separate Adjustment of Status Package to assist you with these forms.

Typical Fees for a CR-1/IR-1 Immigrant Visa

These figures are estimates based on the 03/15/2023 USCIS fee schedule in effect at the time of writing this article. Estimates do not include any travel or hotel that may be required for appointments and/or interviews. Immigration medical exam fees will vary by region and doctor and also are not included. Additionally, USCIS announced a fee increase that will likely go into effect soon.

Need help? Use CitizenPath's Immigrant Visa Petition Package to prepare Form I-130 and the I-130A supplement.

6. International Travel

If the immigrant fiancé travels frequently, consider this factor when deciding between the K-1 visa and spouse visa. A K-1 visa is valid for a single entry. International travel is not permitted until the foreign spouse files a Form I-485, Application to Adjust Status, along with an Application for Advance Parole (Form I-131). USCIS may not issue the advance parole document for several months after filing. If the foreign spouse travels abroad before an advance parole document is obtained, USCIS will consider the adjustment of status application abandoned. But a spouse that entered the U.S. with an immigrant visa (CR-1 or IR-1) can travel abroad immediately. An immigrant visa holder is a permanent resident upon admission to the U.S.

When comparing a fiancé visa vs spouse visa, there is more short-term flexibility for international travel if the foreign national obtains a CR-1 or IR-1 spouse visa.

Selecting the Best Path for Immigration by Marriage

The best choice is individual to you, your time line, and your budget. Regardless of the path you select for immigration by marriage, it's important to submit a sound application package.

Our software has been reviewed by immigration attorneys to ensure accuracy. It alerts you of potential problems and missing information. The software even provides explanations for many questions so that you can make informed decisions. What's more, it's backed up by live customer support during normal business hours.

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Can I Visit My Spouse in the United States While Waiting for My Green Card?

Precautions to take when visiting your spouse with a pending green card application, in this guide.

• What to Expect
• Other Factors Affecting Visa Approval
• Preparing Your Visa Application
• The 90-Day Rule
• Related Information
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For many couples who live in different countries, a big question is: can my spouse visit me while the CR-1 visa (marriage green card) is pending? In general, yes, it is possible to visit your spouse in the United States while your  marriage-based green card  application is pending. Depending on which country you’re from, you would need to apply for a B-2 tourist visa first. But before pursuing this option, it’s important to understand the challenges and risks involved.

First, you would need to convince an immigration officer that you plan to stay only for a short time and would leave the United States  before  your tourist visa expires.

But there’s another hurdle to overcome after that: When you arrive in the United States, a U.S. Customs and Border Protection (CBP) agent will “inspect,” or question, you at the border or “ port of entry ” (where visitors first physically enter the United States). You’ll be asked to explain why you’re visiting. The CBP agent would then decide — at their discretion — whether to let you enter (known officially as “admission”).

You must never misrepresent your reason for visiting the United States, either on an immigration form or before an immigration officer or a CBP agent. You also must never lie about being married to a U.S. citizen or green card holder.

Any kind of misrepresentation could jeopardize your future eligibility for a green card.

Even with a valid tourist visa, however, you will  not  be guaranteed admission. In many cases, spouses seeking a green card are denied entry at the border or port of entry when a CBP agent discovers they are married to a person living in the United States and have a pending  marriage green card  application.

In this guide, we’ll discuss those risks in greater detail, as well as how to apply for a tourist visa and typical issues encountered in the process.

Boundless can help you avoid common pitfalls in the immigration process with unlimited support from our team of immigration experts.  Learn more.

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Spouses of U.S. citizens or green card holders — especially those with a pending  I-130 petition  (the first step in obtaining a  marriage-based green card ) — often face additional scrutiny when traveling to the U.S. If you visit your spouse on a travel visa, the immigration officer processing your application could suspect that you’re trying to bypass the green card process to be with your spouse sooner.

Here’s what you can expect based on your situation:

If you have a pending I-130 petition

Visiting the U.S. while you have a pending  I-130 petition  is complicated. Although you intend to live permanently in the U.S. once you receive your green card, right now you must convince the immigration officer or CBP agent that you will not be settling in the country permanently  yet .

That can be difficult to do if you’ve already quit your job and sold all of your property in your home country. That’s why many people choose to visit the U.S.  before  severing ties back home.

It’s therefore important to present  strong evidence  that you plan to return to your home country after your short visit — though there is still always a risk of denial, as admission is never guaranteed.

If you don’t have a pending I-130 petition

If you haven’t started the  marriage-based green card process  yet — by filing an  I-130 petition  — you won’t have to prove that you’re  not  rushing to settle in the U.S.

You might still face additional scrutiny when applying for a travel visa or when arriving in the U.S., however. This is because the immigration officer or CBP agent could suspect that you intend to avoid the whole  I-130 process  — by entering on a tourist visa and then applying for a  marriage-based green card  once you’re in the U.S. (a process known as “ adjustment of status ”).

If you don’t have any immediate plans to live permanently in the United States, it’s best to be clear about that in your B travel visa application. You might also want to prove that:

• You have employment or educational commitments in your home country that prevent you from moving permanently to the United States at the present moment.
• You have a confirmed travel plan with a clear date of return to your home country.

Again, you should  never  lie about the fact that your spouse is a U.S. citizen or green card holder because lying could jeopardize your ability to get a green card in the future.

Boundless helps set you up for immigration success during the marriage green card process.  Learn more about what Boundless can do to help.

There are at least three other factors that can make a big difference in whether your tourist visa application will be approved (and whether you will be admitted to the U.S. upon arrival):

Your Immigration History:  If you have a history of coming and going to the United States without any  immigration violations  on your record, the immigration officer or CBP agent will be more likely to believe that you intend to visit the United States temporarily and return to your home country  on time . On the other hand, if you have ever had an immigration violation — even if you only  overstayed  a previous tourist visa for one day — your chances of approval will be much lower.

Your Country of Origin:  If you come from a country with high rates of immigration fraud, you will be less likely to convince the immigration officer or CBP agent that you intend to visit only as a tourist. (Although there is no official list of such countries,  Brazil ,  China , the  Dominican Republic ,  India , and  Mexico  were among countries that were subject to relatively high rates of immigration fraud in past years.) This is all the more reason to establish that you have strong ties to your home country , as detailed in the “ Preparing Your Visa Application ” section below.

Other Relatives in the United States:  If you have a lot of family already in the United States — especially immediate family members — this could attract additional scrutiny. The immigration officer or CBP agent may be inclined to believe that you are less likely to return to your home country if you have strong family ties in the United States. In addition to the list outlined in the “ Preparing Your Visa Application ” section below, it’s a good idea to have a round-trip ticket demonstrating your plan to return home on a specific date.

What you must prove

When an immigration officer reviews your tourist visa application, they will look for proof that:

• You plan to return to your home country after visiting the United States.
• Your visit will be temporary and short.
• You will be able to support yourself financially during your visit.

This is true for anyone applying for a tourist visa or entering the United States under the  Visa Waiver Program , which allows citizens of  certain countries  to visit  without  a visa for up to 90 days.

You’ll also be required to establish that you have  strong ties to your home country . This is to ensure that you will return home before your tourist visa expires.

Some examples of documents that can help prove strong ties to your home country include the following:

• Copy of an unexpired lease or a home mortgage
• Letter from your employer stating the dates of your vacation, including when you’ll return to work
• School enrollment confirmation in your home country for either yourself or your children
• Proof that your children are staying in your home country during your visit, such as a letter giving a grandparent consent to make decisions for your children
• Title deeds for any property you own in your home country

Boundless put together a detailed guide on how to prove strong ties to your home country, which can be helpful to reference when completing your travel visa application and interview. It’s also generally a good idea to provide copies of your bank statements, credit card statements showing healthy spending limits, or other proof that you’ll be able to support yourself financially during your visit to the United States. (Check out our detailed guide on  how to scan and copy documents the way immigration officials prefer .)

Boundless Tip

Remember: For the best chance of gaining temporary admission to the United States, it’s important to take extra care in  preparing your tourist visa application  and assembling the right documents to take with you.

What if I change my mind about going home?

The U.S. government recognizes that life doesn’t always go according to plan.

What if you come to the United States to visit your spouse, fully intending to return to your home country, but then decide to stay and apply for a green card from within the United States (technically an “ adjustment of status ”)?

Your green card application will not necessarily be denied. But you will need to prove that you changed your mind for legitimate reasons — that you intended to return home but a significant change in circumstances forced you to alter your plans. For example, if you intended to visit your spouse in the United States for a short period, but a sudden decline in your spouse’s health prompted you to remain in the United States, it would be in your best interest to explain this during your green card interview .

Applying the “90-Day Rule”

For spouses who apply for a marriage-based green card after entering the United States on a tourist visa, U.S. Citizenship and Immigration Services (USCIS) will apply the “90-day rule” as a guideline to decide how much extra scrutiny to give the green card application.

Under this guideline , any of the following conduct within the first 90 days of entering the United States may be considered a violation of your temporary visitor status:

• Engaging in unauthorized employment
• Enrolling in an unauthorized course of study (without a proper student visa)
• Entering into a marriage with a U.S. citizen or green card holder
• Filing an  “adjustment of status” green card application (Form I-485)

If any of the above activities takes place within 90 days of entering the United States on a temporary visa — such as a B-1 (business visitor) or B-2 (tourist) visa — USCIS will presume that you “willfully misrepresented” your intention for visiting. In this case, you will need to disprove such a presumption and submit evidence to overcome it. Otherwise, a USCIS officer could deny your marriage-based green card application or even revoke your tourist visa.

USCIS will not presume willful misrepresentation, however, if you do not engage in the above activities for at least 90 days after entering the United States on a tourist visa. While observing the 90-day rule doesn’t guarantee a successful marriage-based green card application, it’s probably a good idea to play it safe.

We understand that this process can be confusing and intimidating at first. But by always telling the truth and being prepared, you can take charge of your immigration journey.

With Boundless, you get the peace of mind that comes with having an independent immigration attorney who answers your confidential questions and reviews your entire green card application. Get started today!

The short answer is yes, you can. The same rules for spouses of U.S. citizens (as described above) also apply to engaged partners with a pending K-1 fiance visa . You can read more about this process here . If you’re unsure about which immigration process is right for you, Boundless also has a detailed guide on the differences between a fiancé visa and a marriage-based green card .

The processing time for a CR1 visa varies depending on whether you are married to a U.S. citizen or a green card holder. If you are married to a U.S. citizen, the average wait time is typically between 13.5 and 15 months. If you are married to a green card holder, the wait time is typically between 29 and 40 months.

The CR-1 is a temporary green card valid for two years, after which the couple must apply to “remove the conditions” to obtain a permanent green card.

Deciding between a K-1 fiancé visa and a CR1 spousal visa depends on your specific situation. While K-1 processing times may be longer and the fees will increase in late 2023, the K-1 may be more suitable if you and your fiancé want to get married in the United States. On the other hand, if you are already married and want to enter the U.S. as a couple, the CR1 may be the better option.

Yes, CR1 visa holders are authorized to work in the U.S. upon arrival. They do not need to apply for a separate work permit.

Yes, as a permanent resident, CR1 visa holders are free to travel outside of the United States. However, they should not leave the U.S. for more than one year, as this may affect their eligibility for citizenship or reentry into the country.

You can only sponsor a spouse, children, parents, and siblings for immigration to the United States. Girlfriends or boyfriends do not qualify for sponsorship under current U.S. immigration laws. However, there may be other visa options available depending on your specific circumstances, such as a fiancé visa or a student visa.

During the CR1 interview, the immigration officer will evaluate the authenticity of your marriage. You will be asked questions about your relationship, daily life as a couple, and future plans. For more details on what to expect during the interview, check out Boundless’ comprehensive guide on the marriage green card interview .

Most U.S. sponsors are required to have an income of at least 125% of the Federal Poverty Guidelines for their household size and location. For couples with no children residing in the 48 contiguous states, the current minimum annual income requirement is $25,550.

No time for research? We provide an easy, guided application experience, with 4 anti-rejection checks and a lawyer review. Get started for free .

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• Tourist Visas

Can spouse of US citizen get a tourist visa?

By Dyann July 25, 2013 in Tourist Visas

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11 posts in this topic

Recommended posts, dyann   0.

My US citizen spouse and I are planning to go visit mother in law in the US next april 2014. We are only planning to stay 2-3 months, I have to go back to the Philippines to finish my residency in medicine for 4 years. I do not intend to live in the US, I just want to visit. We are based here in Asia. Is it possible for me to get a tourist visa?..

additional info:I had a 10 year tourist visa to the US which expired last may 2013, I have never used it...Ive been to the US before once year 1998.

thank you for your help..

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Darnell   8,478

It is possible, but you must show strong ties the PI.

Having a USCitizen husband hurts your case, so must to show that the USCitizen husband is settled in the PI.

Be prepared, brings lots of HIS evidence that he is an expat living in the PI with no intentions of being repatriated in the USA.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case ! Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

Thank you for your help...what will be a strong evidence to prove our case?examples?

oh wow. you are asking me for examples?

OK - pose this question to him, soonish:

Show me every document or copy of every document you have, that proves you are settled in the PI and have no intention to move back to the USA this season or next.

hehe..ok..i guess we will have to work on that..proof or evidence...He is a student in Thailand right now and is graduating from college. He has only been in the Phils for 2 months the longest..so I guess we will have to work on proof/evidence of stay. He is a volunteer missionary in our church and plans to work here in asia.

same thing, just move the evidenciary pile from 'The PI' to Thailand.

Stressed Out   81

My husband got his B2 after he showed I was settled in Germany with him. I had him bring a photocopy of my residence permit and our rental contract with both our signatures on it. (Of course marriage certificate, that's kinda obvious) Also showing we had a joint bank account together. He said the interview only took about 3 minutes and the only real question that was asked during that time was "And you say your wife is living with you in Germany?" He showed the man my residence permit and he nodded and told him he'd be getting his passport/visa in the mail after the weekend is up. (Didn't even need all that extra evidence, but better to bring too much than too little)

Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010. -Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012. -B-2 tourist visa approved on Nov. 16, 2012!

(IR-1 Journey):

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF )

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt ( DCF ) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

- RFE regarding evidence of bona fide marriage received along with NOA1

- RFE reply packet sent to Frankfurt Sept. 30, 2014

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

- Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

Harsh_77   716

Legally yes your spouse can get the B1/2, there is nothing that would stop from getting the visa.

As you got other advice you will need to show strong ties, ex proof of residency, property, bank accounts any other assets etc. would be required.. chances are high for your spouse getting the visa since you are doing residency and CO would assume you would not want to abandon that.

thank you for your help. I really appreciate it...

• 5 weeks later...

anusarma   0

You definitely need to show strong ties, as the others said. Pull together the evidence that you have a house, or are in a rental agreement, evidence of your residency commitment, your bank account, family ties you have (i.e. elderly relatives you are looking after). You probably won’t need all these, but just in case.

The US government website says “additional requested documents may include evidence of: The purpose of your trip; Your intent to depart the U.S. after your trip; and/or Your ability to pay all costs of the trip. Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.” http://travel.state.gov/visa/temp/types/types_1262.html

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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.

Contact Spar & Bernstein

Table of Contents

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 c onsular 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:

• 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.

Schedule a consultation!

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.

Work with our immigration attorneys!

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over  100,000 clients  with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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

Published: November 8, 2023

Modified: December 28, 2023

by Rae Slusher

• Plan Your Trip

Introduction

Welcome to the exciting world of travel and love! Imagine this scenario: you’re on a tourist visa, exploring a foreign country, and unexpectedly, you meet someone special. The chemistry between you is undeniable, and before you know it, the idea of getting married crosses your mind. But wait, hold on! What happens if you decide to take the plunge and get married while on a tourist visa?

Marriage is a beautiful and life-changing experience, but it also involves legal formalities and considerations. When it comes to getting married while on a tourist visa, there are important factors you need to be aware of to ensure a smooth and legal transition.

In this article, we’ll delve into the implications of getting married while on a tourist visa, understanding the legal aspects involved, and exploring the options and next steps for couples facing this situation. So, let’s unravel the mystery and find out what happens if you decide to tie the knot while on a tourist visa.

Understanding Tourist Visas

Before we dive into the specifics of getting married while on a tourist visa, it’s crucial to understand what a tourist visa entails. A tourist visa is a temporary authorization granted by a country to foreign visitors who wish to explore and experience the country for a limited period of time.

Tourist visas typically come with certain restrictions and conditions. They are designed for individuals who plan to engage in activities such as sightseeing, visiting family or friends, attending cultural events, or taking vacations. Working or engaging in any form of employment while on a tourist visa is generally prohibited.

Each country has its own rules and regulations regarding tourist visas, including the duration of stay, eligibility criteria, and the activities allowed. It’s important to familiarize yourself with the specific regulations of the country you are visiting to ensure compliance.

When applying for a tourist visa, you will typically need to provide certain documents such as a valid passport, proof of financial stability, an itinerary of your travel plans, and sometimes even a letter of invitation from a local resident or a hotel reservation.

Now that we have a basic understanding of tourist visas, let’s explore what happens if you decide to get married while on one.

Marriage While on a Tourist Visa

So, you’ve met someone special during your travels and you’ve decided to take the big step of getting married while on a tourist visa. While it may be a romantic notion, it’s important to understand the legal implications involved.

Firstly, it’s crucial to remember that a tourist visa is not intended for the purpose of getting married or carrying out any other long-term activities in the country you’re visiting. It is meant for temporary stays and strictly prohibits engaging in employment or other activities that fall outside the scope of tourism.

When it comes to getting married while on a tourist visa, the rules and regulations can vary from country to country. In some countries, it may be possible to legally marry while on a tourist visa, while in others, it may not be allowed without obtaining a different type of visa specifically for marriage or a fiance visa.

It’s important to consult the immigration laws and regulations of the specific country you’re visiting to determine if it permits marriages on a tourist visa. If it does, you will likely need to meet certain eligibility criteria and follow specific procedures. This may include providing documents such as passports, birth certificates, divorce decrees, and any other necessary documents.

However, getting married while on a tourist visa with the intention to remain in the country permanently can be seen as a violation of immigration laws. Immigration authorities may view it as an attempt to use the tourist visa as a means to bypass the normal immigration process.

It’s important to note that even if you are legally married while on a tourist visa, it does not automatically grant you the right to remain in the country beyond the authorized duration of your visa. Once your visa expires, you may be required to leave the country and apply for the appropriate visa or permit to legally stay as a married individual.

Now that we understand the potential challenges and complications of getting married while on a tourist visa, let’s explore the legal implications and consequences.

Legal Implications and Consequences

Getting married while on a tourist visa can have significant legal implications and consequences that you need to be aware of. It’s important to understand that violating immigration laws can lead to serious penalties, including deportation and being banned from reentering the country.

If you choose to get married while on a tourist visa and decide to stay in the country beyond the authorized duration of your visa, you may be considered an “overstayer” or an “undocumented immigrant.” This can have severe consequences for your immigration status and potential future applications for visas or residency permits.

In some cases, getting married while on a tourist visa with the intention to remain in the country permanently may be considered fraud or misrepresentation. This can lead to legal complications and may negatively impact any future immigration applications you make, even if they are unrelated to your marriage.

Additionally, it’s important to consider the impact on your spouse. If your spouse is a citizen or a legal resident of the country you’re visiting, they may have to sponsor you for a different visa or residency permit. This process can be complex, time-consuming, and costly.

Furthermore, if you plan to return to your home country after getting married, you may face challenges in obtaining spousal visas or permits to bring your spouse back with you. The immigration authorities in your home country may scrutinize your marriage and require extensive documentation to ensure its legitimacy.

It’s crucial to consult with an immigration attorney or seek professional advice to understand the specific legal implications and consequences of getting married while on a tourist visa in the country you’re visiting.

Now that we’ve covered the legal aspects, let’s explore the options and next steps for couples facing this situation.

Options and Next Steps

If you find yourself in a situation where you’ve gotten married while on a tourist visa, it’s important to evaluate your options and take the necessary steps to ensure compliance with immigration laws and regulations. Here are some possible courses of action:

• Return to your home country: If you have completed your travels and your tourist visa is expiring, you may choose to return to your home country and apply for the appropriate visa or permit to legally reunite with your spouse.
• Apply for a marriage or spouse visa: If you and your spouse wish to continue residing in the country you’re visiting, you may need to apply for a marriage visa or spouse visa. These visas are specifically designed for individuals who have married a citizen or a legal resident of the country. The application process can vary, and it’s essential to consult the immigration authorities or an immigration attorney for guidance.
• Consult an immigration attorney: If you’re uncertain about the best course of action or need assistance navigating the complex immigration processes, it’s highly recommended to consult an experienced immigration attorney. They can provide you with expert advice and guide you through the necessary steps based on your specific circumstances.
• Seek legal guidance in the country you’re visiting: If you have decided to stay in the country and pursue legal options, it’s advisable to seek legal guidance from an attorney in that country who specializes in immigration law. They will be familiar with the local regulations and can help you navigate the legal process.

Regardless of the option you choose, it’s essential to approach the situation with honesty, transparency, and compliance with immigration laws. Trying to deceive or circumvent the system can have severe consequences and may jeopardize your chances of legal residency in the country.

Remember, each case is unique, and the specific steps and requirements may vary depending on the country you’re visiting and your individual circumstances. It’s crucial to gather accurate information and seek professional advice to ensure you make informed decisions.

Now that we’ve explored the possible options and next steps, let’s wrap up with some final thoughts.

Deciding to get married while on a tourist visa is an exciting and life-changing decision. However, it’s important to navigate the path with caution and awareness of the legal implications involved. Violating immigration laws can lead to serious consequences and may negatively impact your immigration status and future applications.

Understanding the restrictions and conditions of a tourist visa is crucial before making any decisions about marriage. While some countries may allow marriages on a tourist visa, it’s essential to comply with the specific regulations and follow the necessary procedures.

Consulting with immigration attorneys and seeking professional advice is highly recommended to ensure that you’re taking the appropriate steps and adhering to the immigration laws and regulations of the country you’re visiting.

Options such as returning to your home country and applying for the relevant visas or permits, or applying for marriage or spouse visas in the country you’re visiting, can provide a legal pathway to staying together with your spouse.

Remember, honesty, transparency, and compliance with immigration laws are crucial. Taking shortcuts or attempting to deceive the authorities can have severe consequences and may hinder your chances of legal residency in the country.

Each case is unique, and the specific steps and requirements may vary. It’s important to gather accurate information, seek professional advice, and make informed decisions based on your individual circumstances.

Getting married is an incredible journey, and doing it while on a tourist visa adds an extra layer of complexity. By understanding the legal implications, taking the necessary steps, and seeking appropriate guidance, you can navigate this process successfully and look forward to a future together with your spouse.

Remember to embrace the love, cherish the adventure, and always seek legal clarity to ensure a smooth transition from tourist to happily married resident.

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10 Types Of Visas That Can Help Travelers Live, Work Or Study Abroad

• Understand the types of visas available when considering moving to another country: Student Visa, Working Holiday Visa, Tourist Visa, Work Visa, Long Stay Visa, Volunteer Visa, Digital Nomad Visa, Spouse Visa, Partner Visa, Temporary Resident Visa.
• Each visa has different requirements and limitations, such as period of validity, ability to work, and other specific requirements. Always check the visa requirements before traveling.
• Consider your specific needs and goals when choosing a visa, whether it's studying abroad, working and traveling long-term, experiencing living in a country, or accompanying a spouse or partner.

There are many different reasons to travel abroad besides leisure. Many travelers want to delve deeper into a language or culture by staying somewhere long-term. Living abroad to work or study is a rewarding experience, but it can be challenging to organize the process of getting there. Understanding what types of visas are available to travelers that can make living abroad a reality is the first step toward living this travel dream. Here are 10 types of visas to consider when looking for ways to move to another country, either short-term or long-term.

Related: 8 Best Countries For Americans To Study Abroad

Student Visa

This type of visa is best for travelers who are hoping to learn the language in a country while living there or who are hoping to engage in higher education abroad.

A student visa is used for travelers who intend to study abroad. The visa allows them to live in the country for the duration of their studies and, in many cases, may also allow them to legally work part-time up to a certain number of hours each week.

• Typical Period of Validity: The study period plus 90 days to one year
• Can You Legally Work While on this Visa: Up to 20 hours a week
• Other Requirements to Note: The duration of a study permit or visa varies drastically by country

Working Holiday Visa

This type of visa is best for travelers who are hoping to explore a country at length while making money to extend their travels.

A working holiday visa can be a good choice for travelers who want to travel long-term within a specific country. This type of visa exists because of an agreement between the travelers’ home country and their working holiday destination, allowing the visa holder to legally work and live in the country for a specific period (usually 12 to 24 months).

• Typical Period of Validity: 12 to 24 months
• Can You Legally Work While on this Visa: Yes
• Other Requirements to Note: Most countries require you to have a minimum amount of money in your bank account to qualify

Tourist Visa

This type of visa is best for travelers who are hoping to experience what it’s like to live somewhere for 90 days or less and won’t need to work while visiting.

Tourist visas may be sufficient for travelers who want to experience living in a country in the short term. In some cases, American travelers can travel and live (but not work) in a destination for up to 90 days without applying for any additional visa.

• Typical Period of Validity: Varies by destination
• Can You Legally Work While on this Visa: No
• Other Requirements to Note: You may need to apply for a tourist visa, or it may be free upon arrival

Not all tourist visas are valid for 90 days. Many free tourist visas are only valid for 10 days or less. Always check visa requirements before traveling.

A work visa is best for travelers who are relocating to another country to take on a new job (already secured at the time of the move) or who are being sent by their current company to work abroad

A work visa or work permit is a legal document that allows a traveler to accept a job abroad. In most cases, they must secure the job in order to apply for the visa, with the company backing the application.

• Typical Period of Validity: 1-2 years
• Other Requirements to Note: Usually, must have a job offer from an employer requiring your special knowledge or skills

Long Stay Visa ( Residence Visa)

A residence visa is best for travelers hoping to live in a new country long-term without becoming a citizen at the present time.

A residence visa allows a person to legally reside in a country long-term without being a citizen. It grants various rights and privileges, such as access to healthcare and education, but doesn't entail full political participation, like voting in elections.

• Typical Period of Validity: 1-5 years with re-entry allowed
• Other Requirements to Note: This visa must be renewed regularly

Related: 10 Things To Know About Visas & Being A Digital Nomad In Japan

Volunteer Visa

A volunteer visa is best for travelers hoping to live in a country for an extended period and engage in meaningful community work.

A volunteer visa can allow a traveler to stay in a country longer than they would on a tourism visa while engaging in genuine volunteer work for a community organization. This cannot be a replacement for an otherwise paid role.

• Typical Period of Validity: Varies
• Can You Legally Work While on this Visa: Not for pay
• Other Requirements to Note: The role must be a community organization and not in a role that is normally paid

Digital Nomad Visa

A digital nomad visa is best for travelers who work online and want to live abroad in a specific country long term.

A digital nomad visa is ideal for remote workers who can do their jobs online from anywhere in the world and want to travel while doing so. Digital nomad visas issued in some countries give travelers the ability to stay in a destination long-term while continuing to work for an organization abroad. Travelers can look at Spain's digital nomad visa program , Portugal's digital nomad visa , and many countries with digital nomad visas in the Caribbean .

• Typical Period of Validity: 6 to 12 months
• Can You Legally Work While on this Visa: You can work remotely, not as an employee of a local company.
• Other Requirements to Note: Must be working for an employer outside of that country and able to perform the job from anywhere in the world

Related: Tips For Getting Visas, Extending Visas, and Overstaying Around The World

Spouse Visa

A spouse visa is best for travelers whose legal husband or wife is moving abroad for work or study, and they want to accompany them.

A spouse visa applies to people who are legally married. These types of visas can help the spouse of a traveler go to the destination with them when they are studying or working long-term abroad.

• Typical Period of Validity: 2 years (renewable for longer after this period)
• Can You Legally Work While on this Visa: Usually, yes
• Other Requirements to Note: Must apply for their own work permit

Partner Visa

A partner visa is best for travelers whose common-law partner is moving abroad for work or study, and they want to accompany them.

A partner visa is another way for a traveler to sponsor their partner to travel with them even if they are not legally married. To be considered a “partner,” most countries require the couple to have been in a committed relationship for at least three years.

• Typical Period of Validity: Six months

Temporary Resident Visa

A temporary resident visa is best for travelers who don’t yet qualify for permanent residency or another type of permit they are seeking but want to remain in the country.

If someone is seeking a permanent resident visa or other status in a country but doesn’t currently meet the requirements, they may be able to secure a temporary resident visa that allows them to stay in the interim.

• Typical Period of Validity: 1-3 years
• Can You Legally Work While on this Visa: Must not work or study without a work or study permit
• Other Requirements to Note: Usually, one must leave the country at the end of this period unless other arrangements are made.

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7 Work Visa Options to Bring Your Spouse to the US

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This article was originally published by Annie Blay on legalpad.

“Are you married?” This is one of the first questions we ask when we speak with someone exploring their U.S. immigration options. You can bring your spouse and unmarried children (21 years or younger) to the U.S. with you on most U.S. visas, but the benefits for your spouse vary depending on the visa category. 

U.S. visas with no benefits for spouses

There is no dependent visa for the B-1/B-2 visa , but a B-1/B-2 visa holder’s spouse can apply for their own B visa to come to the U.S.

U.S. work visas that enable spouses to live in the U.S. and go to school

The O-1 visa for individuals of extraordinary ability and the TN visa for NAFTA professionals both have dependent visas. O-1 and TN dependents can live in the U.S. and go to school in the U.S. without applying for a student visa. The downside of the O-1 and TN dependent visas is that spouses cannot work in the U.S. unless they get their own work visa. 

U.S. work visas that enable spouses to live, work, and go to school in the U.S. 

Numerous U.S. work visas allow spouses to work and go to school in the U.S., including the H-1B , H-1B1, L-1, E-2 , and E-3 visas. Getting a U.S. work visa can be challenging, so having a visa that allows both you AND your spouse to work is highly advantageous.

What is the process for getting a dependent visa for my spouse?

The process of getting a dependent visa for your spouse differs based on location. 

Applying for a dependent visa outside the U.S.:

File your U.S. work visa (O-1, TN, H-1B, L-1, E-2, or E-3) petition with USCIS. Your petition may not initially contain any information about your spouse (or children). Don’t worry; the process of getting your spouse’s dependent visa starts after USCIS approves your visa petition.

Once your visa has been approved, you’ll complete the DS-160 form online . In the DS-160, you’ll include biographical information about your spouse (and children). Once you have completed the DS-160, you’ll make an appointment at a nearby U.S. consulate or embassy. If you filled out the DS-160 with your spouse (and children), they should attend the appointment with you.

However, your family can fill out the DS-160 and attend a separate visa appointment if needed.

To prove that your spouse (and children) qualify for a dependent visa, you’ll need to bring evidence to the visa appointment, such as:

• Appointment letter for the scheduled visa interview
• Valid passport
• Completed DS-160 Online Nonimmigrant Visa Application containing a CEAC Barcode 
• A passport-style photo
• Original marriage certificate and additional documents proving their marriage to the primary applicant. Examples could include wedding photo albums, wedding invites, and wedding ceremony programs.
• A copy of the principal applicant’s visa holder’s visa petition
• An employment verification letter from the principal applicant’s U.S. employer
• The principal applicant’s passport
• The principal applicant’s Form I-797 (approval notice)
• A photocopy of the principal applicant’s income tax return and pay stubs
• Visa issuance fees

After the visa interview, you and your spouse can travel to the U.S. 

Applying for a dependent visa inside the U.S.:

If your spouse is already in the U.S. on a different visa status (for example, B-1), they’ll need to file Form I-539 . Form I-539 can be filed either when you submit your visa petition or afterward.

Typically, when filing Form I-539, spouses will need to include the following documentation:

• Proof of valid status
• The principal applicant’s Form I-797 , if applicable

While Form I-539 is processing, your spouse can remain in the U.S. Upon approval of the I-539, your spouse’s immigration status will officially change to the dependent visa. 

Want more? Check Out Our Resources for International Students Here .

US Supreme Court to Review ‘Sham Marriage’ Immigration Finding

By Kimberly Strawbridge Robinson

The US Supreme Court agreed to take up another case on whether courts can review visa determinations for spouses of American citizens.

The justices on Monday agreed to consider whether Amina Bouarfa, a US citizen whose husband’s visa was originally approved, can challenge the Department of Homeland Security’s revocation of that visa.

DHS determined that Bouarfa’s marriage was a “sham,” based on the fact that he’d previously attempted to get visa through his previous marriages.

The justices recently heard argument on whether a US citizen can challenge a visa denial for their non-US citizen spouse who DHS determined was in a gang.

The question for the justices in Bouarfa v. Mayorkas is whether courts can review a visa revocation. All parties agree that Bouarfa could challenge DHS’s decision if it had been outright denied for being a “sham marriage.” But DHS argues that a revocation isn’t reviewable because the decision is “discretionary” at that point.

Federal appellate courts are split on whether US courts can review revocation decisions.

“The conflict has far-reaching consequences in an area of the law with life-altering implications,” Bouarfa said in her petition for review.

The case is Bouarfa v. Mayorkas , U.S., No. 23-583, granted 4/29/24.

To contact the reporter on this story: Kimberly Strawbridge Robinson in Washington at [email protected]

To contact the editors responsible for this story: Seth Stern at [email protected] ; John Crawley at [email protected]

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Update April 12, 2024

Information for u.s. citizens in the middle east.

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Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

Important notice:.

The Legal Immigration Family Equity Act (LIFE Act), enacted on December 21, 2000, created a nonimmigrant visa category, the V visa, with specific provisions for certain spouses and children of U.S. lawful permanent residents (LPRs).  The purpose of the LIFE Act was to reunite families who had been or could be separated for long periods during the process of immigrating to the United States.  V visas, therefore, allowed these family members to be in the United States with their LPR spouses and parents while waiting to complete the immigration process.

Qualifying for a V Visa

To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:

• The U.S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
• The petition’s  priority date  must be at least three years old;
• The priority date must not be  current ;
• The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
• The petition must not already be at a U.S. Embassy or Consulate for immigrant visa processing; and
• The applicant must be otherwise eligible as an immigrant.

U.S. Embassies and Consulates have not issued any V visas for the past several years because applicants with priority dates on or before December 21, 2000, were able to apply for immigrant visas as their priority dates became current. Review the  Visa Bulletin  for information on the priority dates of petitions for spouses and children of U.S. lawful permanent residents that are currently being processed for immigrant visas.

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The U.S. Supreme Court heard arguments last week in a closely followed case involving a California woman whose husband was denied an immigrant visa to rejoin her in the United States.

Sandra Muñoz, a U.S. citizen, sued the federal government after her husband, Luis Asencio Cordero, a citizen of El Salvador, was denied a visa after a U.S. consular officer in San Salvador found he was inadmissible under federal law. His visa refusal letter referred to the applicable section of law, INA 212(a)(3)(A)(ii) (“other unlawful activity”), but did not provide a detailed reason for the denial. As part of the litigation record, the Department of State later clarified that the basis of refusal was because the consular officer had reason to believe Asencio Cordero was a member of the gang MS-13, based in part on his tattoos.

At issue before the court are:

• Whether a U.S. citizen has a constitutionally protected liberty interest in their noncitizen spouse’s visa application.
• If so, whether citing the law that provides the basis for the denial without providing more specific information is sufficient due process.

The case is similar to  Kerry v. Din , which the court heard nine years ago. In that case, a divided court ruled in favor of the government after a U.S. citizen challenged her husband’s visa denial. The law was left unsettled, however, after the justices issued three separate opinions, with no majority opinion.The Justices are expected to rule on the case they heard last week,  Department of State v. Muñoz , in late June or early July. A transcript of the oral arguments is available  here ,  and an audio recording is available  here .

Additional Information:  On Monday, the court agreed it would hear a separate immigration case involving the revocation of a foreign national’s visa petition after the Department of Homeland Security determined his marriage to a U.S. citizen was a “sham.” Specifically, the justices will decide whether the Eleventh Circuit Court of Appeals was right in determining that it lacked jurisdiction to review DHS’ purely discretionary revocation of the visa petition, where the underlying basis for the revocation was a generally reviewable nondiscretionary provision. The court’s decision could have broad implications for both family- and employment-based visa petitions.

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World Cup 2026: Concerns over fans’ U.S. visa wait times – ‘Your window might already be closed’

Concerns have been raised with the United States government, including an official meeting in the White House, over fears supporters may be deterred from the 2026 men’s World Cup owing to excessive wait times to process visa applications to visit the country.

The tournament begins in 777 days and it will be at least another 18 months before many countries will be assured of qualification, yet the wait times for U.S. visa interviews in two Mexican cities are already in excess of 800 days, while it is 685 days in the Colombian capital of Bogota.

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In a statement to The Athletic , the U.S. Department of State (which oversees international relations) insisted it is determined to reduce wait times but also encouraged supporters in affected countries to start applying for visas now, over two years out from the tournament and with the line-up still unknown.

The 2026 edition of world football’s governing body FIFA ’s flagship tournament will include 48 nations for the first time and will be held in 16 cities in the U.S, Canada and Mexico.

It will also be the first World Cup without an overarching local organising committee, which means FIFA is tasked with pulling everything together, in conjunction with the many layers of stakeholders and bureaucracy across three nations and 16 host cities, each of which have differing levels of private and taxpayer support.

The three host countries also have differing entry criteria for visitors, which has the potential to create visa confusion for fans seeking to follow their team deep into the tournament across multiple borders.

Several host cities, including the location for the final — New York/New Jersey — are also concerned about the wait times for visas, and the potential impact on income from tourism during the tournament, but the cities are currently allowing FIFA and the travel industry to lead the conversations with the government. Some of those who have spoken to The Athletic wished to remain anonymous, owing either to sensitivity around discussions or to protect working relationships.

Travis Murphy is the founder of Jetr Global Sports + Entertainment and a former American diplomat who also once ran international government affairs for the NBA .

“My concern is this could be a disaster (in 2026),” he said. “The concerns are absolutely there on the city level. The cities are thinking, ‘They are FIFA, so they must have it under control.’ But when you realise how FIFA worked in the past with previous hosts in Qatar and Russia, it doesn’t necessarily work in the United States.

“We’re just a completely different animal in terms of how our government operates and how we communicate. And frankly, the emphasis that we place on soccer as a sport in our country.

“If this was the Super Bowl, the World Series or the NBA finals, we’d be having a different conversation. Soccer is not the biggest sport in our country. And I think that’s a fundamental lack of understanding by FIFA, perhaps just taking it for granted that it is the case everywhere in the world. But it’s not yet in the United States.”

In recent months, U.S. travel industry representatives and FIFA have raised concerns with the U.S. Department of State and the White House as the respective groups seek to organise how millions of tourists will enter the U.S. during the five-week tournament in June and July 2026. In January 2024, FIFA strengthened its staff in D.C. when it hired Alex Sopko, the former chief of staff for the Office of Intergovernmental Affairs at the White House, to be its new Director of Government Relations.

In a statement to The Athletic , a FIFA spokesperson said the organisation is working closely with U.S. Government in the planning and preparation for the World Cup, including regular discussions on critical topics such as immigration and visas, and adding it recognises “the urgency of these matters.”

The visa delays ahead of the World Cup were raised in a meeting at the White House on Wednesday, April 17, with senior administration officials in conversation with the United States Travel Association (U.S. Travel).  

Geoff Freeman, president and CEO of U.S. Travel, was present in the meeting. He describes visa wait times as a “massive issue” but added: “We came away confident that the White House recognises the significance of the 2026 World Cup and will take concrete steps to streamline aspects of the travel experience for the more than eight million anticipated visitors.”

Freely available data on the website of the Department of Consular affairs details the lengthy wait times currently impacting visitor visas from markets that may be highly relevant during the World Cup, which begins in 778 days.

Forty-one countries, including much of Europe, Japan, South Korea and Australia, are part of a visa waiver programme — ESTA — to enter the United States, which means citizens of these countries can travel without obtaining a visa, so as long as their trip for tourism or business does not exceed 90 days.

However, many people, estimated by U.S. Travel to represent 45 per cent of those who visit the States, do require visas for entry. These documents, called a B1/B2 visa, also require in-person appointments at a U.S. Embassy or Consulate to take digital photographs and fingerprints, as well as an interview, in which the candidate must state their intention to return to their home countries and explain their reasons for visiting the United States.

Wait times for a visa interview at a U.S. consulate in the Mexican cities of Mexico City and Guadalajara are currently 878 days and 820 days respectively, so an application made today may not be approved before the World Cup begins. In the Colombian capital of Bogota, the current wait time is 685 days, while Panama City is 477 days and Quito in Ecuador is 420.

The 2026 World Cup is guaranteed to include the U.S, Mexico and Canada as hosts but five more nations may yet qualify from North and Central America, while up to seven may enter from the South American Football Confederation. Wait times are also dramatic in the Turkish city of Istanbul, where it takes 553 days for an appointment, as well as in Morocco, semi-finalists at the World Cup in 2022, where the wait time is 225 days.

In a statement to The Athletic, the state department said: “We encourage prospective FIFA World Cup visitors who will need U.S. visas to apply now – there is no requirement to have purchased event tickets, made hotel reservations, or reserved airline tickets to qualify for a visitor visa.”

Freeman attributes the current visa delays to the shutdown of consular offices during the coronavirus pandemic but also outlines long-standing issues.

“The U.S. is the world’s most desired nation to visit, but our market share is slipping and it’s in a large part due to long visa wait times,” he said. “If you are Colombian and want to come and bring your kids in 2026, your window might already be closed.”

A World Cup is further complicated because many supporters may wait until their nations have secured qualification to organise their trip. For the Americas, this will largely be in winter 2025 — the play-offs may be as late as March 2026 — while nations will only know the cities in which their teams will be competing following the draw, which is usually held eight months out from the tournament.

During the 2022 World Cup in Qatar, visitors were able to expedite their entry into the country by applying for a Hayya card, effectively a fan pass for World Cup ticket holders that acted as a visa for the tournament. A repeat pass is not expected to be approved by the U.S, particularly at a time of global tensions both in the Middle East and following Russia ’s invasion of and continued war against Ukraine .

Freeman warned: “The U.S. is not going to change its visa policies in the short term to frankly cater to FIFA. I think where you may see the U.S. adjust some of its approach is in cooperation with Mexico and Canada . So once teams have qualified within the tournament, how do we streamline their ability to cross borders and attend games in other markets later in the tournament? I believe that’s where there will be greater cooperation and some of those discussions are already taking place.”

The answer may simply be additional staff and investment, such as deploying more consular officers at embassies, a method which has helped significantly reduce wait times from Brazil and India over the past year. Congress set aside $50million for the U.S. State Department to “reduce passport backlogs and reduce visa wait times” in a bill signed into law by U.S. President Joe Biden in March but it was not specified how and where the money will be invested.

There is a precedent for visa issues causing delays at major international sporting events in the United States. Kenya’s Ferdinand Omanyala, who set the African 100metres record of 9.77 seconds in 2021, only received his visa documentation the day before the men’s 100 metres heats began at the World Athletics Championships in Eugene, Oregon in 2022.

After securing his visa in Kenya, he took a five-hour flight to Qatar, endured a six-hour layover, then a 14-hour flight to Seattle, another three-hour layover and last of all, a one-hour flight to Oregon. He landed at 4.15 pm and immediately went to the track, where the heats commenced at 6.50pm.

The sprinter said: “If you are hosting a championship, you need to waive (visa requirements) for athletes. It’s a lesson for the host country in the future, and the U.S. is hosting the Olympics in 2028 (in Los Angeles), so they need to learn from this and do better next time.”

Murphy added: “There were hundreds of athletes who were unable to travel. The World Athletics Championships was was a relatively small event compared to the magnitude of what we’re talking about with the 48-team World Cup and the millions and millions of people involved, in terms of what needs to happen.”

Playing rosters are usually only approved in the final months before a tournament, but the U.S. is expected to expedite processing to ensure players and support staff from federations are able to arrive in time for the World Cup.

The U.S. Department of State attributes the issues at World Athletics to the pressures felt by consular officers coming out of the pandemic and told The Athletic that wait times for “P-visas”, generally used by members of professional sports teams coming to participate in athletic competitions, are “low worldwide”.

Murphy said the National Security Council has established a working committee on the matter for the White House but caveated his optimism with a reminder that more instant priorities are Israel, Gaza and Ukraine. He said: “This is not a priority beyond the host cities, FIFA itself and the members of Congress who represent those host cities. But in terms of there being a broad approach that is all-encompassing and has a wide swath of support in Congress, there’s just nothing there. There’s no bills or initiatives in Congress that are focused on this.”

He added: “The conversations that needed to have started a year plus ago are not at a point where they need to be. And when you’re talking about the U.S. Government, it is essentially at a state of standstill in terms of any major movement that needs to happen from now until November of this year (when there is a Presidential election).”

The Department of State insisted it is “committed to facilitating legitimate travel to the United States while maintaining high national security standards.”

Its statement continued: “We are pleased to be an active participant in a working group with FIFA and other stakeholders on plans for the 2026 FIFA World Cup. The Bureau of Consular Affairs recognizes the importance of international inbound tourism, including for mega sporting events such as the FIFA World Cup, and is working tirelessly to facilitate secure travel to the United States. We have significantly reduced visa wait times over the past two years.”

One of the peculiarities of the U.S. political system is that there is no sports ministry to facilitate such discussions. In its absence, Murphy calls for a special envoy to be appointed, with the World Cup likely to be followed by the women’s edition in 2027 before the Olympics in LA in 2028.

He said: “There has to be somebody centralised to organise those conversations. That’s relatively easy to do. If it’s somebody that has the respect and attention of the cabinet agencies, they can have a conversation with Capitol Hill and that’s going to go a long way to getting things done.”

(Top photo: Patrick Smith/FIFA via Getty Images)

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Adam Crafton covers football for The Athletic. He previously wrote for the Daily Mail. In 2018, he was named the Young Sports Writer of the Year by the Sports' Journalist Association. His debut book,"From Guernica to Guardiola", charting the influence of Spaniards in English football, was published by Simon & Schuster in 2018. He is based in London.

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A New Rule to Improve Protections for Farmworkers

Farmworkers are vital to our nation’s food supply and communities but are often among America’s most vulnerable to workplace abuses. The H-2A temporary agricultural employment program enables agricultural employers to hire foreign workers in the U.S. when certain critical conditions are met, including that the program will not adversely affect the working conditions of similarly employed workers in the United States. But based on the Department of Labor’s enforcement experience, workers employed under the H-2A program face unique risks of exploitation, in part because of the temporary nature of the work, frequent geographic isolation and dependence on a single employer for housing, transportation, and immigration status.

Unfortunately, these workers’ stories are not the only examples of wage theft, abuse, and retaliation in the H-2A program. In more than 400 investigations of agricultural employers using the H-2A program in fiscal year 2022, we found more than $3.6 million in back wages owed and assessed more than $6.3 million in civil money penalties. Evidence revealed in recent investigations demonstrates that H-2A workers continue to be vulnerable to human trafficking, unsafe transportation and retaliation for asserting their rights. 

These stories and the results of our investigations demonstrate the need to improve accountability in the H-2A program, enhance worker protections for a vulnerable workforce, and level the playing field for employers who are complying with the requirements of the program. That’s why we’ve announced the issuance of the Farmworker Protection Rule , which provides new and strengthened worker protections in the H-2A program. The Farmworker Protection Rule will help ensure that the H-2A program does not have an adverse effect on the working conditions of similarly employed workers in the U.S. and includes changes that improve protections for all farmworkers.

The Farmworker Protection Rule includes the following reforms:

These changes will enhance our enforcement capabilities against fraud and H-2A program violations and will make a real difference to farmworkers.

We look forward to working together with employers, farmworkers, growers, advocates and others to ensure that these critical updates and changes protect the farmworkers sustaining our communities and our country. 

For more information on the Farmworker Protection Rule, visit the Employment and Training Administration and Wage and Hour Division webpages. 

• H-2A program
• farm workers

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