Can You Get Married on a Tourist Visa in the U.S.?

Every year, thousands of foreign nationals enter the United States on a B-1/B-2 tourist visa or through the Visa Waiver Program (ESTA) to visit family, travel, or attend events. But what happens if love takes an unexpected turn, and you decide to marry a U.S. citizen while visiting?

The short answer: yes, you can legally marry

Getting married and getting a green card are two separate questions. Marriage is a legal right, and a visitor can marry a U.S. citizen inside the United States.

In Florida, for example, there is no citizenship or residency requirement for a marriage license. Both people apply in person at a county clerk’s office with valid identification, and a foreign passport is accepted. Waiting periods and fees can vary depending on residency, so check with the clerk before you set a date.

The harder question is what the marriage means for your immigration status. That is where timing and intent come in.

Why intent and timing matter

A B-1/B-2 visa is for a temporary visit. When you enter the country, you tell the officer why you are coming, and that purpose becomes part of your record. If immigration officials later conclude the plan was to marry and stay all along, they can treat it as a misrepresentation, which can affect a future green card application.

Officials often look at how soon after arrival a marriage and a green card filing happen. The State Department uses a guideline known as the 90-day rule: marrying a U.S. citizen and taking up residence within 90 days of entry can raise a presumption of misrepresentation. It is guidance, not a law, and USCIS is not bound by it, but officers use it as a reference.

Passing the 90-day mark does not guarantee anything, and every case is judged on its own facts. What matters most is the real story: what you intended when you arrived, and what changed afterward.

Plans do change, and the law has long treated spouses of U.S. citizens differently from other applicants. How that story is presented is exactly where an attorney can help.

What marriage can mean for a green card

The spouse of a U.S. citizen is considered an immediate relative, a category that is not subject to the yearly limits placed on most other family categories. Many immediate relatives who entered the country lawfully can apply for a green card from inside the United States, a process called adjustment of status, without returning home first.

Congress also exempted immediate relatives from some of the rules that limit other applicants, such as certain status violations. That does not make approval automatic, though.

Adjustment of status is a discretionary benefit, and in May 2026 USCIS issued a policy memo directing officers to weigh each applicant’s circumstances closely, including conduct after arrival and the choice to adjust status in the U.S. rather than apply through a consulate abroad. The law itself did not change, and the memo directs officers to look at the full picture of each case.

Because guidance in this area is still developing, the details of your situation matter more than ever.

If you entered with ESTA

The Visa Waiver Program lets travelers from participating countries visit without a visa. In exchange, travelers agree in advance to give up most rights to contest removal from the United States, which makes the stakes different from a B-1/B-2 visit.

Marriage to a U.S. citizen can still open a path to a green card for some Visa Waiver entrants, and USCIS policy allows those cases to be considered for immediate relatives. But the waiver does not disappear because of the marriage, and in certain circumstances immigration authorities can act on it even while an application is pending.

That is why when and how to file deserves careful, individual review before anything is submitted.

The fiancé(e) visa: the route built for this

If your loved one is still abroad and marriage is the plan, there is an option designed for exactly this: the K-1 fiancé(e) visa. A U.S. citizen petitions for a fiancé(e) living outside the country, and the couple must have met in person within the past two years.

The fiancé(e) then has to marry within 90 days of entering the United States, after which the new spouse can apply for a green card. A K-1 involves more steps up front, but it avoids the question of intent at entry, because marriage is the stated purpose of the trip.

Whether it is the right choice depends on your family’s circumstances, which is worth discussing with an attorney.

Before you say “I do”

If you or someone you love is thinking about marrying while visiting, talking with an attorney before the wedding can make a real difference. It helps to bring your passport and the date you entered the United States, along with any visa or ESTA paperwork and the date your authorized stay ends.

Your partner’s proof of U.S. citizenship and your plans for when and where you intend to marry are also useful to have on hand.

At DeMine Immigration Law Firm, our team is here to listen and explain your options in plain language. Contact us to schedule a consultation.

This post is for general information and reflects guidance as of October 2026. Every case is different, and nothing here is legal advice for your situation.