COURTKUTCHEHRY SPECIAL ON US VISA RULES FOR INDIAN EXPLORING FOREIGN DREAM THROUGH MARRIAGE ROUTE
US visitor visa marriages and the 90-day rule: What Indians should know before seeking a green card
Understanding the 90-day rule and marriage-based green cards on a visitor visa
Why reassessing intent matters and whether Indians face extra hurdles
By Our Legal Reporter
New Delhi: January 02, 2026:
Many visitors ask if they can legally get married in the United States on a B-1/B-2 visitor visa and then apply for a green card. The short answer is yes: marriage itself is legal on a visitor visa. But the real issue is intent and timing, especially under the “90-day rule,” which can trigger a presumption of misrepresentation if you file for adjustment of status too soon after entering. Recent coverage explains how this works and why applicants should be careful with the sequence of steps and documentation.
Also Read: Supreme Court Alone Can Suspend Sentences in Heinous Crimes, Rules Madhya Pradesh High Court
What the 90-day rule means
The 90-day rule is a guideline used by US immigration officers to assess whether someone misrepresented their intent at entry. If a person enters the US on a visitor visa, which allows temporary stay for tourism or business, but then takes actions inconsistent with that purpose—such as applying to adjust status to permanent residency—within 90 days, officers may presume the visitor intended to immigrate when they arrived. Applicants can rebut that presumption with evidence showing a genuine change of circumstances or plans.
- Legal to marry on a visitor visa: It is lawful to marry in the US while on B-1/B-2 status. The problem isn’t the marriage; it’s applying to stay permanently too soon after entry.
- Adjustment of status timing: Filing for adjustment (green card) within 90 days can be viewed as misrepresentation unless the applicant proves otherwise. Waiting beyond 90 days can help, but it does not guarantee approval; total facts matter.
- Rebutting the presumption: Evidence of changed plans, genuine relationship history, and consistent travel patterns can help rebut the presumption if filing occurs early.
Tip: Marriage does not automatically grant the right to remain in the US. The key is whether you complied with your visa terms and can show you did not intend to immigrate at entry.
Marriage-based green card basics on a visitor visa
If you marry a US citizen, you may be eligible to apply for adjustment of status from inside the US. This involves multiple forms and strict eligibility checks. If you marry a lawful permanent resident (green card holder), you may need to depart and complete consular processing depending on visa category availability and your status.
- Core steps:
- Form I-130 (Petition for Alien Relative): Filed by the US citizen or permanent resident spouse to establish the relationship.
- Form I-485 (Adjustment of Status): Filed by the applicant when a visa is available and if eligible to adjust in the US.
- Form I-864 (Affidavit of Support): Proves the US spouse can financially support the applicant.
- Form I-765 (Work Authorization) and Form I-131 (Advance Parole): Optional benefits while the I-485 is pending.
- Status compliance: You must have entered lawfully and avoid violating status terms. Overstays and unauthorized work can complicate cases, though marriage to a US citizen offers limited forgiveness in some scenarios.
- Consular processing: If adjustment of status in the US isn’t possible or advisable, couples may pursue immigrant visas through a US consulate abroad.
Coverage reiterates that while marriage on a visitor visa is permitted, the timing of adjustment filings is where cases often succeed or fail.
Recent developments and context
Recent reporting notes heightened scrutiny around visitor visa marriages and green card filings and highlights the expansion of travel bans affecting entry from specific countries. While India continues to be issued visitor visas, applicants are urged to respect the intent rules tied to the 90-day guideline when seeking to remain and immigrate.
- Travel bans affecting some countries: Reports point out that citizens of several countries face direct travel restrictions, making visitor-entry marriage pathways unavailable to them. This put added attention on those who can still lawfully enter, including Indian nationals, to follow intent and timing rules precisely.
- Increased focus on intent: Guidance circulated by practitioners’ stresses that filing for adjustment within 90 days may trigger misrepresentation concerns under USCIS policy frameworks, requiring strong evidence to overcome the presumption.
Does being Indian make it harder?
Indians do not face a special legal rule that singles them out for marriage-based green cards. The core legal standards—lawful entry, bona fide marriage, and compliance with status—apply equally to all. However, Indians may experience practical hurdles:
- High demand and appointment backlogs: US visitor visa demand from India is very high, which can lead to longer interview wait times and scheduling complexity.
- Document rigor: Due to volume, cases may benefit from extra care in documentation to pre-empt questions about intent and ties to home country.
- Travel patterns and scrutiny: Frequent travel for business or family reasons is common; aligning travel histories with consistent declared purposes helps avoid red flags.
These challenges are practical rather than legal. The same 90-day rule, misrepresentation analyses, and marriage-based eligibility criteria apply across nationalities, with the key difference being processing logistics and demand pressures that can make the journey more complex for high-demand countries.
Best practices for couples considering this route
- Plan to time carefully:
- Avoid early filings: Filing for adjustment within 90 days of entry can trigger the presumption of misrepresentation. If your plans truly changed, gather evidence to show that change.
- Document the relationship:
- Evidence of bona fides:
- Joint lease, bank accounts, and bills
- Photos, travel itineraries, communications
- Affidavits from friends and family
- Evidence of bona fides:
- Respect visa conditions:
- No unauthorized work: Keep to the terms of your visitor status until you receive proper authorization.
- Choose the right pathway:
- Adjustment vs. consular processing: Assess which path aligns with eligibility, timing, and family needs.
- Prepare for interviews:
- Consistency matters: Ensure your story, documents, and timelines align with declared intent at entry and current filings.
Media reporting emphasizes that marrying on a visitor visa is legal, but planning and intent documentation make the difference between a smooth case and severe complications.
Risks if the 90-day rule is ignored
- Misrepresentation finding: A presumption of fraud can lead to denial and serious immigration consequences.
- Removal exposure: If out of status or found to have misrepresented intent, applicants may face removal proceedings.
- Future inadmissibility: Fraud findings can trigger inadmissibility bars, requiring waivers that are hard to win.
Attorney commentary and immigration guidance caution that while many couples are approved, those who file too soon after entry without a coherent explanation risk denials that are difficult to repair.
Outlook for Indian applicants
Indians who follow the law, respect the 90-day guideline, and compile strong evidence of bona fide marriage typically fare well. The core headwinds are demand-driven: long appointment lead times, crowded processing queues, and the need for meticulous paperwork. None of these are unique legal barriers; they are practical realities of a busy corridor. The broader environment—where travel bans and scrutiny affect certain nationalities—also means Indian applicants must be precise and patient when choosing timing and strategy.
Conclusion
Yes, you can legally marry in the US on a visitor visa. The critical factor is what you do next—and when you do it. The 90-day rule is central: applying to adjust status too soon after entry can raise a presumption of misrepresentation that you must be prepared to rebut. Indians do not face special legal hurdles compared with others, but they do face high demand, long queues, and the need for careful documentation. Couples who plan their filings thoughtfully, respect visa conditions, and provide robust proof of a bona fide relationship stand the best chance of success.
Keywords (SEO + ChatGPT optimization)
- US visitor visa marriage green card
- 90-day rule US immigration
- Adjusted status after marriage B-1/B-2
- Marriage-based green card timing
- US immigration misrepresentation rule
- Indian applicants US marriage visa
- Visitor visa to green card pathway
- USCIS adjustment of status guidelines
- Intent at entry and 90-day presumption
- Consular processing vs adjustment in US