Getting a marriage-based green card on a tourist visa in the United States is still possible. A recent case handled by JQK Law Firm resulted in an approved adjustment of status green card for a spouse of a U.S. citizen who originally entered the country on a tourist visa. Here is what happened, what made it work, and what you need to know before filing in a similar situation.
How Did a Tourist Visa Holder Get a Marriage Green Card Approved in Months?
The clients in this case were an older couple who had known each other and maintained a long-distance relationship before things became serious. During a visit to the United States on a tourist visa, the relationship deepened, and after four or five months together, the couple decided to get married. Given their ages, their existing family responsibilities, and the reality that time and separation carry a different weight later in life, waiting was not a practical option.
After getting married, the couple looked into their immigration options and learned that because the foreign spouse was already inside the United States, they could file for adjustment of status without leaving the country. The case was filed, an interview was scheduled within about two months, and the green card was approved approximately one month after the interview.
What Is Adjustment of Status and How Does It Apply to Tourist Visa Holders?
Adjustment of status is the process that allows certain foreign nationals who are already inside the United States to apply for a green card without having to return to their home country and go through consular processing abroad. For spouses of U.S. citizens, this is one of the most direct paths to lawful permanent residence.
When a foreign national enters on a tourist visa, also known as a B-1/B-2 visa, and later marries a U.S. citizen, they may be eligible to file Form I-485 to adjust status to that of a lawful permanent resident. The key legal question in these cases is whether the person had what is called preconceived intent, meaning whether they entered the United States already planning to stay and apply for a green card rather than genuinely visiting as a tourist.
What Made This Tourist Visa Green Card Case Approvable?
The facts of this case supported a finding that the foreign spouse did not enter with preconceived intent to immigrate. Several factors worked in the couple’s favor.
The foreign spouse had a return ticket booked before the marriage took place. They also had a job waiting for them back home, which demonstrated that they had real ties to their home country and had not planned to abandon them. The relationship itself developed organically during the visit rather than being a predetermined plan to obtain immigration benefits.
The USCIS officer reviewing the case recognized that this was a genuine couple. The circumstances of an older couple, both with established lives and families, making a serious decision to marry later in life, told a credible and human story. The officer understood the context and approved the case.
The approval also came after the May 22nd policy memo that introduced new scrutiny around adjustment of status cases filed by tourist visa holders. Despite those new requirements, the case was approved without complications, which reflects the fact that genuine cases with strong supporting facts can still succeed under current policy.
What Is the Risk of Filing for a Green Card While on a Tourist Visa Right Now?
It is important to be honest about the current environment. Filing for adjustment of status while on a tourist visa carries more risk today than it did before the May 22nd memo. That guidance introduced heightened scrutiny around cases where someone entered on a nonimmigrant visa and later filed for a green card, with particular attention to whether the person had immigrant intent at the time of entry.
Ideally, if you are on a tourist visa and you are considering marriage and a green card application, it is worth consulting with an immigration attorney before filing to understand how the current policy landscape applies to your specific facts. Every case is different, and the strength of your case depends on the details.
That said, sometimes the circumstances of real life do not allow for a perfect timeline. Families face genuine hardship from separation. Older couples carry different considerations than younger ones. These are human realities that immigration law has always had to account for, and officers do consider them.
Should You File for a Marriage Green Card While on a Tourist Visa?
The short answer is that it depends on your specific situation, your evidence, and your facts. Tourist visa holders who marry U.S. citizens do have a legal path to a green card through adjustment of status, and that path remains open. Cases are still being approved, including under the current stricter policy environment.
What matters most is the truth of your relationship and the strength of the evidence you can present. If your marriage is genuine, if you have documentation that supports your story, and if the facts of your entry and relationship reflect real circumstances rather than a plan to circumvent immigration law, those facts can and do make a difference.
The best step you can take is to speak with an experienced immigration attorney before filing. An attorney can evaluate your case, advise you on the risks given the current policy environment, and help you put together the strongest possible application.
Download our free Ultimate Marriage Green Card Guide at MarriageImmigrationLaw.com, join Attorney John Khosravi, Esq. live every Tuesday at 4 PM PT / 7 PM ET on YouTube, LinkedIn, Instagram, and TikTok for a free Q&A, or book a one-on-one consultation to talk through your specific situation. Schedule a consultation at JQKLaw.com/contact
