It happens more often than people expect. Someone visits the United States on a B-2 tourist visa, a relationship becomes serious, and the couple decides to marry. The marriage itself is legal. The immigration question is whether the foreign spouse can stay and apply for a green card from inside the United States, and whether the timing of the visit could cause a problem. The answer turns on intent: what the visitor planned when they applied for the visa and when they entered. In 2026, USCIS is looking at that question more closely than before.
The short answer
A person who was lawfully admitted to the U.S. on a B-2 visa and then marries a U.S. citizen can generally apply for a green card through adjustment of status (Forms I-130 and I-485) without leaving the country. This is true even if their B-2 stay has since expired, because spouses of U.S. citizens are “immediate relatives” and are exempt from several adjustment bars. The risk is not the marriage. The risk is a finding that the person misrepresented their intent to get the visa or to enter. That can lead to denial and, in serious cases, a permanent bar.
Why intent matters
A B-2 visa is for temporary visits. When someone applies for one, they are presumed to be an intending immigrant until they show otherwise (INA § 214(b)), and they tell the consular officer and the border officer that they are coming to visit. If, at that moment, the real plan was to marry and stay, the statements may be treated as a willful misrepresentation of a material fact under INA § 212(a)(6)(C)(i). That ground of inadmissibility is permanent, and the only cure is a waiver on Form I-601, which requires showing extreme hardship to a U.S. citizen or permanent resident spouse or parent.
What counts is the intent at the time of the visa application and the entry. Plans that genuinely developed after arrival are not misrepresentation. Real life often works that way, and the law recognizes it.
The 90-day rule, and how USCIS uses it
The State Department's Foreign Affairs Manual contains what is known as the 90-day rule (9 FAM 302.9-4(B)(3)(g)). If a person engages in conduct inconsistent with their nonimmigrant status within 90 days of entry, consular officers may presume they misrepresented their intent. Marrying a U.S. citizen and taking up residence, or filing to adjust status, are examples of such conduct. After 90 days there is no presumption, although an officer can still find misrepresentation based on other evidence.
USCIS is not bound by the FAM. It decides adjustment cases on the totality of the evidence, and the Board of Immigration Appeals has long held that a preconceived intent can be outweighed by strong equities, especially for immediate relatives of U.S. citizens (Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980)). In practice, though, officers are well aware of the 90-day guideline, and the timeline of entry, engagement, marriage and filing is one of the first things they look at.
| Timeline | Typical risk | What helps |
|---|---|---|
| Marriage and filing within 90 days of entry | Highest; the State Department presumes misrepresentation, and USCIS will ask hard questions | Clear evidence the decision was made after arrival (for example, an engagement that happened during the trip), a return ticket, ties abroad at entry |
| Marriage or filing 90 days to 6 months after entry | Moderate; no presumption, but the timeline is still examined | A consistent, documented story of how the relationship and plans developed |
| Several months to years after entry | Lower on the intent question | Proof the marriage is genuine; overstays are generally forgiven for immediate relatives who were lawfully admitted |
| Wedding planned before the trip, visa obtained to “visit” | Serious; possible permanent misrepresentation bar | Get legal advice before filing; consular processing or a waiver may be the safer route |
What changed in 2026
In May 2026, USCIS issued a policy memorandum (PM-602-0199) on adjustment of status. As summarized by practitioners, it reframes adjustment as a discretionary benefit and lists an intent to bypass ordinary consular processing, a “preconceived intent,” as a negative factor officers may weigh. The memo does not change the law that lets immediate relatives adjust. But a couple whose story suggests the visit was planned as a way to immigrate should expect closer questioning, and possibly a request to explain why they did not use consular processing.
Two other 2026 changes matter for these cases:
- Public charge: since September 18, 2026, officers apply a broader “totality of the circumstances” review. A strong Form I-864 from the U.S. citizen spouse matters more than ever. See our public charge guide.
- Work permits: EAD renewals filed on or after October 30, 2025 no longer receive automatic extensions. See our EAD guide.
Married, or planning to marry, while on a visitor visa? Before you file anything, have your timeline reviewed. Yellow Law Group handles marriage-based green cards in English and Turkish. Book a free case evaluation.
Your options
Option 1: Adjust status inside the U.S.
The U.S. citizen files Form I-130, and the spouse files Form I-485 at the same time. The package usually includes Form I-864 (Affidavit of Support), Form I-693 (medical exam), and optionally Form I-765 (work permit) and Form I-131 (advance parole). Current USCIS fees:
- I-130: $675 on paper, $625 online
- I-485: $1,440 on paper, $1,390 online
- I-765 filed with a pending I-485: $260
- I-131 advance parole: $630 on paper, $580 online
Do not leave the U.S. while the I-485 is pending without an approved advance parole document, or the application will generally be treated as abandoned. If the marriage is less than two years old when the green card is approved, it will be a two-year conditional card, and you will file Form I-751 to remove conditions before it expires.
Option 2: Return to Turkey and consular process
The U.S. citizen files Form I-130. After approval, the case moves to the National Visa Center, and the spouse interviews for an immigrant visa (CR-1 or IR-1) at the U.S. Embassy in Ankara. This takes longer and means time apart, but it avoids the intent question at USCIS. For couples whose timeline is risky, it can be the safer path. The spouse should still leave the U.S. on time, because a long overstay (more than 180 days) can trigger the 3-year or 10-year unlawful presence bar on departure.
Option 3: If you are engaged but not yet married
If the foreign partner is abroad, a K-1 fiancé(e) visa lets them enter the U.S. specifically to marry within 90 days and then adjust status. It was designed for exactly this situation. See our K-1 visa guide. Entering on a B-2 to marry, instead of applying for a K-1, is the pattern officers scrutinize most.
How to document a genuine timeline
- Your return ticket, hotel or travel plans and the job, studies or home you had in Turkey when you entered.
- Evidence of when the decision was made: messages, photos of the proposal, wedding planning dates.
- A consistent account from both spouses. Officers often interview them separately.
- Strong proof that the marriage is genuine: joint lease or mortgage, joint bank accounts, insurance, photos over time, and affidavits from friends and family.
What not to do
- Do not misstate your plans to a consular or border officer. If you plan to marry in the U.S. and stay, a visitor visa is the wrong visa.
- Do not invent a backstory afterwards. Inconsistencies between the visa application (DS-160), the entry and the I-485 are what turn a timing question into a fraud finding.
- Do not work before you receive an EAD.
- Do not travel without advance parole.
When to talk to a lawyer
- You married or plan to marry within 90 days of entering on a B-2.
- Your DS-160 or entry interview could be read as inconsistent with your current plans.
- You have a prior visa refusal, an overstay or an entry without inspection.
- You are deciding between adjustment in the U.S. and consular processing in Ankara.
- Your I-485 has been pending a long time. Our I-485 delay guide explains your options.
Talk to Yellow Law Group. We guide Turkish-American couples through every marriage-based route. Read our marriage green card guide or book a free case evaluation.
Sources
- INA § 212(a)(6)(C)(i) (8 U.S.C. § 1182) and INA § 214(b)
- INA § 245 (8 U.S.C. § 1255), adjustment of status
- U.S. Department of State, 9 FAM 302.9 (misrepresentation, including the 90-day rule)
- Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980)
- USCIS Policy Memorandum PM-602-0199 on adjustment of status (May 2026), as summarized by practitioners
- USCIS, Fee Schedule (Form G-1055), edition 10/16/26
This article is general information, not legal advice, and reflects the law as of October 2026.
