If you’re thinking about coming to the United States on a tourist visa and then applying for a green card while you’re there, it’s important to understand the rules and risks involved.
Entering the U.S. on a temporary visa, like a tourist visa or work visa, to do either of the following is considered a misrepresentation of your purpose for being in the country:
- Marrying a U.S. citizen or green card holder and then living permanently in the U.S.
- Applying for a marriage-based green card while you’re already in the U.S.
The U.S. government takes this very seriously. If you enter the country with a tourist visa and then try to get a green card based on marriage, this can lead to severe consequences. These include:
- Being placed in removal proceedings (deportation)
- Having your visa revoked (invalidated)
However, the situation is different if you arrive in the U.S. with a tourist visa or other temporary visa, planning to return to your home country before your visa expires, but your plans unexpectedly change. If, during your stay, you decide that you want to get married and apply for a marriage-based green card, this is generally considered a legitimate change of plans.
The 90-Day Rule
If you find yourself in this situation, it’s crucial to understand the 90-day rule. This rule is important because it can affect how your green card application is viewed by U.S. immigration authorities.
Our detailed guide will explain more about the 90-day rule and how it impacts your application for a marriage-based green card. It’s essential to follow the rules carefully to avoid complications.
To sum up, if you’re thinking about coming to the U.S. on a tourist visa and then applying for a marriage-based green card, be aware that it’s illegal to enter with the intent to marry and stay permanently. However, if your plans change while you’re in the U.S. and you decide to marry and apply for a green card, there are rules and guidelines to follow, such as the 90-day rule, to avoid problems. It’s always best to consult with a professional to ensure you’re following the proper procedures and protecting your immigration status.
