Can My Boyfriend on a Visitor Visa Marry Me in Ohio and Stay in the US Legally?
Start a free AI-assisted chat and connect with an experienced immigration attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My boyfriend is here on a visitor visa. He has a Social Security card. How can we get married and have him stay in the US?
Attorney Answer
Getting married does not depend on your boyfriend's visa status. Ohio lets you marry regardless of his immigration status, as long as you both meet the state's marriage license requirements, so the wedding itself is not the hard part. Staying in the US afterward through a green card is where the process gets more involved.
Once you are married, if you are a US citizen, your boyfriend would generally become eligible to apply for a green card as your "immediate relative" spouse, one of the more favorable categories in immigration law. As a general rule, someone who was legally inspected and admitted into the US, which a visitor visa entry usually satisfies, can apply to adjust status without leaving the country, under INA § 245(a) (8 U.S.C. § 1255). This normally means filing Form I-130 (petition for a relative) and Form I-485 (adjustment of status) together, followed by biometrics and an interview.
One thing to watch: USCIS looks closely at timing. If someone marries and files for a green card very soon after entering on a visitor visa, federal immigration guidance treats that timing, generally within 90 days of entry, as a signal that may call into question whether the person was truthful about their intentions when they entered the country. This does not mean it cannot work, but it means the marriage's authenticity, and how you present your timeline, matters more.
If either of you was married before, you will need certified divorce decrees or other proof that those marriages legally ended before you can show this marriage is valid.
A detail worth clarifying with an attorney: having a Social Security card while on a visitor visa is unusual, since visitor visas do not typically come with work authorization or automatic eligibility for a Social Security number. It is worth understanding exactly how and when he obtained his, since that detail can matter for the overall case.
Practical next steps: - Get your Ohio marriage license and marry. - Start gathering evidence your relationship is genuine: photos together over time, joint leases or bills, communications, and statements from people who know you both. - Consult an immigration attorney before filing anything, given the timing and Social Security details here.
This is general legal information, not legal advice, and a local immigration attorney can review your specific timeline and advise on your next steps.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Federal Immigration Resources
- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
- Visit Executive Office for Immigration Review (EOIR) to find immigration court information and hearing details.
- Visit ImmigrationLawHelp.org to find nonprofit immigration legal-service providers near you.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Do we need to leave the US to get a green card through marriage?
Not necessarily. If your boyfriend was inspected and admitted into the US, such as through his visitor visa, and you are a US citizen, he can generally apply to adjust status without leaving the country. Consular processing outside the US is usually only needed in other situations.
What is the 90-day rule in immigration law?
It is guidance used by federal immigration officials suggesting that marrying and filing for a green card within about 90 days of entering on a visitor visa can raise questions about whether the person truthfully stated their travel intentions at entry. It is not a strict legal bar, but it can lead to extra scrutiny.
What documents help prove a marriage is genuine for immigration purposes?
Common evidence includes joint bank accounts or leases, shared bills, photos together over time, travel records, and written statements from friends or family. The more consistent evidence you gather from early in the relationship, the stronger your case.
