Marriage Green Card

My wife entered the US on a tourist visa two months ago. We weren’t planning on getting married but we ended up in Las Vegas and got married in a spur of the moment thing. What do we do now? Can she stay here or does she need a K3 visa?

Immigration law discourages persons entering the US for one stated purpose but then pursues another. This includes entering the US as a visitor in B2 status or through the visa waiver program. Failure to follow the rules can lead to charges of visa fraud and removal from the US. Fortunately, the law does recognize that people do change their minds. In this situation you will need to weigh the risks associated with your desire to both remain in the United States. If your marriage occurred two months after she entered the US as a visitor and you did not plan to marry prior to her entry, it may be safe for her to remain in the US and apply for permanent residence and no K3 visa would be necessary.