GC holder to marry tourist in US? Can she adjust status here?

[j25 0]

What will happen if GC holder marries someone who came as tourist in US? If they got married here in US, can she stay in US and adjust her status from tourist to immigrant visa here without going back to native country?

[aaron2020 11,651]

No. There is no basis for a person to marry a GC holder and adjust in the US. The non-GC spouse will have to return to his/her native country.

The only basis for a GC to petition for a spouse is in the F2a category. The current wait for a visa is 5 years from all countries except Mexico which has a 8 years wait.

There is no basis for some one in the situation you described to jump to the head of the line of all those waiting in the F2a category. If it could be done that way, then people would lie to get visitor visas and the F2a category would be meaningless.

If the non-GC person marries a GC holder and overstays his/her non-immigration visa (even if there is an attempt to adjust), that person will be here illegally, subject to deportation, and a ban from entering the US.