Marrying A Foreigner And Navigating U.S. Immigration Rules

Marrying a foreigner with the expectation that he or she will come to the U.S. seems like a natural next step in a loving relationship. However, if your plan involves bringing your fiancé(e) into the United States for the wedding—or remaining together afterwards—you may be surprised to discover that immigration law makes your plan far more complicated than you might have thought. Perhaps the most famous example of such a marriage and later immigration to the U.S. was Prince Harry’s union with Meghan Markle and the subsequent steps they had to take to live together in America.

In fact, without proper planning, such a wedding can quickly turn into a border nightmare. Couples have found themselves separated for months—or even years—simply because they misunderstood the rules. The path to permanent residence for a foreign fiancé(e) or spouse depends heavily on your own immigration status as the U.S.-based partner, the intent of your partner at the time they enter the country, and how and when you choose to marry. Fortunately, Prince Harry and Meghan Markle worked it all out properly.

The Crucial Question at the Border: Intent

Let’s begin with the issue that trips up couples the most: immigrant intent. Whether your partner is Canadian, European, or from anywhere else in the world, U.S. immigration law draws a sharp distinction between visitors and immigrants.

When a foreign national enters the U.S. under the Visa Waiver Program (as most Europeans do) or on a tourist visa (as Canadians may be waived in for), they declare to the U.S. government that they do not intend to immigrate—that they are coming only temporarily for tourism, business, or family visits.

So when someone arrives at the U.S. border and tells a Customs and Border Protection officer (CBP) that they are coming to attend their own wedding—and especially if they suggest they plan to stay after—it raises an immediate red flag. CBP officers are trained to detect immigrant intent, and they may deny entry on the spot, cancel a visa or Electronic System for Travel Authorization (ESTA), or even ban the individual from returning for several years.

This is not theoretical. Canadians trying to marry their American partners in the U.S. have been turned away at the border. Europeans arriving on ESTA have been placed on return flights the same day. In both cases, the issue is the same: they are attempting to engage in conduct that is inconsistent with the terms of their entry. Immigration rules are now vigilantly being enforced, especially under President Trump’s rule.

The “Preconceived Intent” Trap

One of the most misunderstood aspects of immigration enforcement is the idea of preconceived intent. This legal doctrine applies when someone enters the U.S. on a temporary basis—such as a visitor—but has always intended to remain in the country permanently, possibly by marrying and applying for a green card.

The U.S. government uses what’s known as the “90-day rule” to help identify these cases. If someone marries a U.S. citizen or applies for a green card within 90 days of arriving in the U.S., the government may presume they lied about their original intentions. This misrepresentation can lead to a denial of permanent residency, and if found to be wilful, even a lifetime ban under U.S. immigration law.

To overcome this presumption, couples must provide evidence that the decision to marry or stay was made after arrival, due to unforeseen circumstances—something that is often difficult to prove.

That’s why honesty at the border is essential, but it must be paired with proper planning. It is important to tell the truth about your relationship — but if your partner plans to stay after the wedding, they must have the correct visa in hand.

U.S. Citizen Advantage

Here’s where your status as the American half of the couple becomes critically important. It is why Prince Harry was properly able to immigrate to the United States based on the sponsorship of Meghan Markle, his spouse and a U.S. citizen.

If you are a U.S. citizen, like Meghan Markle is, you have the most options:

• You can petition for a fiancé(e) visa, that allows your partner to enter the U.S. legally, provided you marry within 90 days, and then apply for a green card.
• If you’re already married abroad, you can petition for a spousal immigrant visa, that allows your foreign spouse to enter as a permanent resident.
• Even if your partner is already in the U.S., you can often file for adjustment of status, and they may be eligible to stay and work while awaiting approval.

But if you are only a lawful permanent resident (green card holder), your options are more limited:

• You cannot sponsor a fiancé(e) for a visa.
• You must marry first, then file a family-based petition in a category, which is subject to annual quotas and long wait times.
• Adjustment of status is only possible if a visa number is available at the time of filing, and your spouse is otherwise in legal status.

For this reason, some green card holders choose to naturalize first, gaining U.S. citizenship before initiating a family sponsorship process. It adds time, but can avoid years of delay and legal complexity.

What Happens If You Ignore the Rules

Some couples, out of desperation, choose to circumvent the system. A foreign partner enters as a visitor, marries, and remains—hoping to adjust their status later. While this may work in some limited circumstances (especially if the partner marries a U.S. citizen after 90 days and was otherwise admitted properly), it involves significant legal risks.

If U.S. Citizenship and Immigration Services (USCIS) determines that the foreign national lied about their intentions at the time of entry, they may be found inadmissible due to fraud. That finding is extremely difficult to overturn and will affect any future visa or green card applications.

Even worse, if CBP officers detect suspected immigrant intent at the border—whether by reviewing messages on a phone, asking about wedding dates, or examining plane tickets—they can deny entry immediately, without any opportunity for appeal.

Best Approach for Cross-Border Couples

To avoid heartbreak and legal trouble, here are key recommendations for couples planning to marry:

1. Do Not Enter the U.S. on a Tourist Visa or ESTA With Intent to Marry and Then Stay Immediately Thereafter
If your fiancé(e) plans not only to marry but also to stay in the USA permanently immediately thereafter, they must use a proper immigrant or fiancé visa or enter in a different capacity, such as a student or, for example, an H1B work visa, to adjust status inside the country. At the very least, they should take careful note of the 90-day rule regarding future steps. This is where consultations with U.S. immigration attorneys can be helpful. Tourist entries are for temporary stays only.

2. If You Are a U.S. Citizen, Use the Fiancé(e) Visa or Spousal Visa
These are the most straightforward and legally secure ways to bring your partner to the U.S. As already mentioned, this was the case with Prince Harry and Meghan, now Duchess of Sussex.

3. If You Are a Green Card Holder, Consider Marrying Abroad and Then Filing
Expect longer wait times and fewer benefits, but this is the correct legal pathway. Choosing to marry abroad, such as in Canada, may be a wise move for you.

4. Do Not Attempt to “Game the System”
Misrepresentation—even if it seems harmless—can carry lifelong immigration consequences.

5. Get Legal Advice Early
Even well-meaning couples can fall into legal traps. A qualified immigration attorney can save you years of delay and expense.

Conclusion: Weddings With A Foreigner Need A Visa Plan

In short, marrying a foreigner requires familiarity with U.S. immigration rules. For Americans hoping to marry foreign nationals and live together in the United States, the stakes are high and the process is complex. The difference between a joyful wedding, such as the one between Prince Harry and Meghan, and a border crisis can depend on whether you took the time to understand the rules—and followed them carefully.