Many foreign nationals come to the United States on B1/B2 tourist visas. Generally these visas are issued to foreign nationals who show that they have enough strong ties to their home country when the I-94 expires usually 3 to 6 months.
However there is a frequent fact pattern where the foreign national ends up marrying a US citizen while on a tourist visa or shortly after the visa is expired. Before applying for a green card it is very important that the married couple consult an immigration attorney.
Several issues can arise, including possible visa fraud, and if there are any other past visa violations. In order to address these issues, an immigration attorney must evaluate each case on its individual basis. The green card process is complex and marriage based applications must show that the couple has entered the marriage in good faith. Documentation should include photos, correspondence and letters from friends who have personal knowledge of the relationship.