Marrying a US citizen while in US on Visa Waiver Program.. is it possible?

[Galfromoz]

I am an Australian citizen currently in the US on the visa waiver program.

I have spent time in the US (on the VWP) over the last 8 months
* 2 weeks May 2010 (2 weeks back in Aus)
* 90 days June-Sep2010 (2 months back in Aus)
* Dec – now (due to leave in a week)

I was told at the border on the way in this visit that I must spend a long time back in Australia before returning to the US as it appears I’m living here.

Here’s the situation:

I am planning to marry a US citizen, but we are both settling our divorces which may take up to 6 months.

We have spoken to immigration lawyers who have told us the easiest thing to do is for me to go back to Australia and try applying for a tourist visa (which could be denied considering I have told the border immigration I’m here to spend time with my boyfriend).

We can’t apply for a fiancé visa until we are both legally able to marry.
We are wondering if anyone has been in this situation and has overstayed the vwp expiry but still managed to have their status changed once you were married.

I know they are getting stricter with this so I’d love to hear from anyone who has gone through this recently.

 

[Jackolantern]

Marrying while on a visa waiver is not a problem. But staying in the US to adjust status after entering with a visa waiver is fraught with problems. Many people did it successfully in the past, but a number of court rulings have wiped out that option for most in the present and future.

Forget about applying for a tourist visa. Unless you can get another visa like H1B, you're basically stuck outside the US until you're single again and can obtain a fiancee visa or immigrant visa.

 

[Triple Citizen]

A little wait will not kill you
Stay on the safer path. Go down the K-1 or I-130 immigrant visa path.

IWe can’t apply for a fiancé visa until we are both legally able to marry.
We are wondering if anyone has been in this situation and has overstayed the vwp expiry but still managed to have their status changed once you were married.