I’m originally from Ireland and currently living in the U.S. on the Visa Waiver Program (VWP), which gives me 90 days. I entered for tourism, but during my stay, I met someone and we’ve developed a serious relationship. We’re now considering getting married before my time runs out. I’ve read that adjusting status under VWP is tricky and sometimes denied. Is it actually possible to stay in the U.S. and apply for a green card after marrying a U.S. citizen while on the visa waiver? Or would I have to leave and apply from Ireland to avoid problems?

Question

Lalita Chakraborty · Accepted Answer

Yes, you can generally adjust status from within the U.S. if you marry a U.S. citizen, even on the VWP. But it’s risky if your intent to marry formed before you arrived.

Nkosinathi Ndlovu · Answer

Adjustment of status from VWP is possible, but only through marriage to a U.S. citizen, and only if your application is filed before your 90 days expire. Overstaying can complicate things. Be honest about your intentions, as USCIS carefully checks for fraud.

Mahboubeh Mahboubeh · Answer

While the Visa Waiver Program doesn’t typically allow adjustment of status, marriage to a U.S. citizen is a major exception. If your relationship genuinely developed after you arrived, and you marry before your authorized stay ends, you can apply for a green card without leaving. However, any sign that you planned the marriage before arriving can raise red flags for immigration officers. Timing, documentation, and honesty are critical here. It’s highly recommended to consult an immigration attorney before filing anything.

Eunan MacCana

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