Marriage During VWP Status vs. K-1?

D

Dylan_Thomason

New Member
Right now my girlfriend travels to the United States under VWP privilege. If we decide to get married last minute (emphasis added) during one of these visits, and then file for AOS, is there a higher probability of denial because she didn't come over on a K-1? The K-1 is not an attractive option to us specifically because it requires we marry w/in 90 days and if we don't, she can never come back on that visa again.
 
Once the K-1 is approved at the consulate after she interviews for it, she will have 6 months to use it to enter the US. Then after entering the US with it she'll have another 90 days to marry you. So once she has the visa that gives you a total of up to 9 months to plan a wedding.

AOS after entering with the visa waiver is risky. The Federal courts have made some unfavorable rulings against it.
 
I don't think you will be denied. You are fully eligible for AOS. The only reason people worry about is if the immigrant had intent to AOS when they entered; but in your case there wasn't.
 
I would still recommend the response of Jackolantern because the fact of the matter is that as a matter of policy AOS is not allowed with VWP. Why would you want to complicate things? BTW, as much as a romantic I am, we should set aside those spur of the moments things when marrying an alien. By choosing to marry an alien you are opting to make some compromises. Better do everything by the book and your marriage will be off to a positive start.
 
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