ESTA visa holders who have visited the United States may have wondered if it is possible to adjust their status while they are here, especially if they fall in love and decide to marry a US citizen. This is a common situation, but it comes with a lot of confusion and misinformation.
So, let’s break it down in plain English: Can ESTA visa holders get married in the United States and apply for a green card through adjustment of status?
The short answer is yes but there are some important things you need to know. Importantly, planning to enter on ESTA with the intent to adjust status can be considered a fraudulent use of ESTA!
ESTA and the 90-Day Rule
First, many people have heard about something called the 90-day rule. This rule is a guideline used by immigration officers to determine whether a visitor misrepresented their intentions when they entered the United States. The idea is that if you enter the US as a tourist but actually intend to get married and stay permanently, that could be seen as visa fraud.
However, does this mean you must wait 90 days before marrying your US citizen partner? Technically, no. There is no law that says an ESTA visa holder has to wait 90 days to get married and file for adjustment of status (AOS). You can get married sooner even immediately after entering but you must be very careful.
US immigration officials will look closely at your intent when you entered the U.S. If it appears that you came with the plan to circumvent the immigration process, they could deny your case. This is why so many immigration lawyers advise caution.
How the 9th Circuit Court Makes a Difference
Now here is where it gets interesting. If you live in a state that falls under the jurisdiction of the 9th Circuit Court of Appeals, which covers much of the western U.S., you may have more protections.
The ESTA agreement allows travelers to enter the U.S. without a visa, but they can only stay for 90 days. If they overstay, they can be removed (deported) without trial! However, under U.S. Citizen Marriage (and immediate relative cases), exceptions may be available if the case is filed within 90 days.
Why? Because the 9th Circuit recognizes certain legal rights for people who file for adjustment of status within 90 days of entering on an ESTA. If your adjustment of status case is denied, you have the right to appear before an immigration judge to argue your case. In other circuits, you might have to file a separate lawsuit to get that chance, which can cost tens of thousands of dollars and add significant stress and delays (and it is not clear if those courts would accept).
So, for couples in the 9th Circuit, filing within the 90-day window can offer an extra layer of security. If you are not sure whether you live in the 9th Circuit, here are some states it includes: California, Washington, Oregon, Nevada, Arizona, Idaho, Montana, Alaska, Hawaii, and Guam.
What Does This Mean for Couples?
So, if you are an ESTA visa holder who entered without the intent to stay, but fall in love and get married in the United States, you are not automatically out of options. You do not have to leave the country to apply for a marriage-based green card. Adjustment of status is possible, but it is crucial to do it right.
*One extra fear under the Trump administration is the possibility of being detained while the case is pending. Immigration laws are constantly changing, unfortunately.
You should always consult with an experienced immigration attorney who understands your region’s specific rules. An attorney can help you plan your case strategically and make sure you do not unintentionally trigger a denial or worse, an allegation of fraud.
Important Reminders for ESTA Holders
✅ Be honest about your intent: If you truly came to the US as a tourist but later fell in love, that is very different from coming with a secret plan to marry and stay.
✅ Understand the risks: Misrepresentation accusations and being detained.
✅ Know your circuit: In some states, you have more legal protections if your case is denied and that can make a big difference if things do not go as planned.
✅ Get legal help: This is not something to DIY based on what you see on TikTok or hear from friends. Every case is unique.
The Bottom Line
If you are in the U.S. on an ESTA and fall in love with a U.S. citizen, marriage and adjustment of status are possible but not guaranteed. There are rules, timelines, and regional differences that could affect your outcome. Stay informed, stay honest, and get expert help so you can build your future together the right way.
If you would like more guidance about adjusting status while in the U.S. on an ESTA, reach out to a qualified immigration attorney. The process can be complex, but you do not have to navigate it alone.
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