If a person comes as a tourist and marries a U.S. Citizen, and can not prove that he did not have the intent to marry when he entered, can he be denied Adjustment of Status?
Timing is everything in this scenario. If a person enters the U.S. and immediately marries a U.S. citizen, it is going to be very difficult to prove that he did not misrepresent themselves, if he entered as a tourist or a student. However, if the marriage took place more than 90 days after the person entered the United States, there should be no problem. In fact, there is a precedent decision which says that if the only negative factor is that the foreign-born spouse had a pre-conceived intent to marry a U.S. citizen at the time of entry, the USCIS should still approve the application for Adjustment of Status.
