Q: Can my girlfriend from New Zealand apply for a green card if we marry while she's on an ESTA in the U.S.?
I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New Zealand. We haven't started any immigration or visa applications yet, and this is our initial inquiry. Are there any specific steps we should take to ensure she can stay in the U.S. indefinitely after our marriage?
A: HI, yes, you can most definitely marry and apply for her to get her greencard thereafter. She would apply through the Adjustment of Status process. Reach out to an attorney to help you to ensure that you do not have any issues that arise.
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A: Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this even if they did. You can also apply for work authorization once the I-485 has been flied.
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A:
Yes, your girlfriend can marry you while she's in the U.S. on an ESTA and then apply for a green card without returning to New Zealand. Since you’re a U.S. citizen, you can petition for her adjustment of status immediately after marriage. It's important that the marriage takes place genuinely and wasn't preplanned solely for immigration purposes when she entered the country.
After marrying, you’ll need to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status), among other required documents. Make sure you have strong evidence of your relationship, such as joint financial accounts, photos, and shared responsibilities, as USCIS will evaluate the authenticity of your marriage during the application process. Your girlfriend will also be able to apply for work authorization and a travel permit while the green card application is pending, typically within several months after filing.
Be mindful of timing since her ESTA only permits a 90-day stay, and staying beyond that without filing the appropriate forms could negatively impact her immigration status. Filing the adjustment of status paperwork promptly after your marriage will help maintain her lawful presence. Consulting with an immigration attorney can provide additional guidance to ensure the process moves smoothly and meets all necessary requirements.
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