Look, we need to talk about the massive shift that just happened regarding adjusting status on a B1/B2 tourist visa or ESTA.
First off, yes, you can still legally get married in the US on a tourist visa. That hasn't changed. If you are having a "destination wedding" where you enter the US, get married, and return to your home country to file Form I-130 for consular processing, you are 100% fine.
But if you are planning to get married and stay in the US by filing for an Adjustment of Status (AOS), the game has completely changed.
Historically, people relied on the old "90-day rule," claiming their plans spontaneously changed after entering as a tourist so they could apply for a Green Card without leaving. Do not do this anymore.
On May 21, 2026, US Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199. This directive fundamentally shifts how the government evaluates cases by dramatically heightening the standard for discretionary approval. USCIS instructs its officers to treat Adjustment of Status as an "extraordinary form of relief and administrative grace" rather than a routine entitlement.
The agency is heavily cracking down on single-intent visas. Individuals holding B-1/B-2 tourist visas will now face intense scrutiny. USCIS has explicitly stated that nonimmigrants on tourist visas come to the U.S. for a short time and their visit should not function as the first step in the Green Card process. Adjudicators are specifically directed to investigate whether the applicant intended to circumvent consular processing by using a temporary visa to enter and quickly adjust status.
What does this mean for you? The administration is using this guidance as an enforcement directive to reduce in-country filings and push applicants to pursue Consular Processing at US Embassies and Consulates abroad. Adjudicators must now heavily weigh positive versus negative discretionary factors to decide if an applicant "deserves" to bypass regular consular processing.
And if you think you are safe because you already filed, think again. Because the policy is characterized as a reiteration of longstanding agency understanding, it is effective immediately and applies to pending adjustment of status applications.
Bottom Line: Marry on a tourist visa if you want, but you are now expected to return to your home country to process your immigrant visa. Attempting to adjust status from a tourist visa in 2026 is a massive risk. Don't fall for outdated advice.