Can You Adjust Status If You Fall in Love in the U.S.?

Love can strike at any time—even while on vacation! If you’ve fallen head over heels while visiting the U.S., you might be wondering: Can I stay and adjust my status instead of returning home? The answer? It depends! Let’s break down what you need to know before making any big moves.

Understanding the 90-Day Rule

U.S. immigration officials take visa intent very seriously. If you entered the U.S. on a tourist visa (B-1/B-2) and suddenly decide to marry a U.S. citizen and apply for a green card, USCIS may suspect visa fraud—especially if it happens too quickly.

• The 90-day rule suggests that if you apply for a green card within 90 days of arrival, officials may question whether you intended to stay all along.

• If you wait beyond 90 days, your case may face less scrutiny, but you still need to prove your relationship is real.

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Can You Legally Adjust Status?

To adjust status (switch from a tourist visa to a green card), you must meet key eligibility requirements:

✔ Marry a U.S. citizen (if you’re marrying a green card holder, you may need to leave and apply from your home country).

✔ Have entered the U.S. legally (those who entered unlawfully may need a waiver or consular processing).

✔ Show a genuine relationship (USCIS will look for proof that your marriage isn’t just for immigration benefits).

Risks of Adjusting Status

Adjusting status from a tourist visa is possible, but there are risks:

⚠ Visa Overstay Issues – If your tourist visa expires before applying, you may accrue unlawful presence.

⚠ Fraud Concerns – If USCIS believes you misrepresented your intentions when entering, your case could be denied.

⚠ Potential Travel Restrictions – If you leave the U.S. while your green card application is pending, you may be barred from returning.

The Adjustment of Status Process

If you decide to go ahead, here’s what the process looks like:

·       Get Married – Make sure you have a valid marriage certificate.

·       File Form I-130 & I-485 – These forms establish your marriage and request a green card.

·       Attend a Biometrics Appointment – USCIS will collect fingerprints and photos.

·       Prepare for the Marriage Interview – Be ready to prove your relationship is real.

·       Receive Your Green Card – If approved, you’ll receive a conditional green card (if married less than two years).

Consult an Immigration Attorney

Each case is unique, and even a small mistake can lead to delays or denials. An experienced immigration attorney can help you navigate the process smoothly and legally. If you’ve fallen in love while visiting the U.S., adjusting your status might be an option—but timing and legal guidance are everything. Make sure you follow the rules, stay honest, and plan carefully for your future together!

Need expert legal help? 

Contact Elizee Law Firm today for a consultation. We specialize in helping couples navigate immigration challenges and build a future together in the U.S.!

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.