Q: Change status of my VISA Waiver program by getting married
My fiance is a US citizen and we getting married soon. I came to the US 18months ago with a Visa Waiver Program. Will it be possible to change my status? How long does it take?
A: I do not think you can adjust your status if you entered via Visa Waiver Program. You will have to go through consulting proceeding to receive your permanent residence status after your I-130 is approved.
A: As a general rule, foreign nationals who enter the United States through the Visa Waiver Program (VWP) may not adjust status to permanent resident (green card holder). Specifically, a foreign national admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. But there is an exception for immediate relatives. So Adjustment of status for Visa Waiver Program entrants is possible for immediate relatives of U.S. citizens. It is always best to consult with an immigration attorney before you file to make sure that there are no other concerns or potential problems that you may be unaware of. Best wishes!
A:
Yes. You can marry and file to adjust your status. The process is currently taking about 9 months.
A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. [8]Similarly, a noncitizen admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. [9] These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants.
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