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Marrying on the Visa Waiver Program
Anonymous2 views1 answers
Hi, If im on the visa waiver program travelling to america (im from australia) and i decide to get married..
1) am i allowed to apply for adjustment of status?
2) am i allowed to apply for the green card
3) am i allowed to stay in america while it is processed without being sent back to australia if my 90 days are up?
4) If yes is answered for the above, can you tell me the steps i need to go through (ie. paper work, what forms i need etc)
Thankyou so much.
If you are here in Visa Waiver (VW) status, you cannot change status or Adjust Status, unless you are marrying a US citizen. One problem that might arise, even if you do marry a US citizen, is whether you used the VW program correctly. If you entered the US planning to get married, or intending to stay here long term, you could be accused of misrepresenting your intention when you entered. At worst, a finding of fraud would mean a permanent bar from ever entering the US.
Also, there was a court case last year that made it difficult for people to adjust status if their marriage takes place after the 90 days that VW allows, i.e. after the I-94W expires. You really should speak with an experienced immigration attorney to discuss your situation in detail.
As regards the steps involved, see here: http://www.martinvisalaw.com/family_lpr.html
