If I’m a green card holder and will be citizen in 1 year, can I marry someone who is in US on a tourist visa?

What would be the complications? Will the person be able to stay in US legally after we get married? What is the process of filing for an adjustment of status for the person on tourist visa?

Asked on October 21, 2013 under Immigration Law, New Jersey


SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can marry anyone at any time as long as you are legally free to marry.  YOu cannot do that as soon as the person enters the US and then file for any immigrant benefits right away.  However, you may be able to do that once a certain time has passed after their entry to the US as a tourist.  As a green card holder, you will be able to petition for your spouse and if the visa number is available, as it has been lately, your spouse will be able to file for adjustment of status almost right away without having to go back to their home country.

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