Legal Question in Immigration Law in California
marrying someone on visa waiver
my fiance recently arrived 30 days ago, we have been back n forth for 2 years with my last trip in march april to australia last year. I really want to marry her, what are my options?. She has a return ticket to go back to australia. She came out as always on Visa waiver
2 Answers from Attorneys
Re: marrying someone on visa waiver
If you are a US citizen then you can either marry her while she is in the US and apply for her green card or wait till she leaves and bring her over on a fiancee visa.
Re: marrying someone on visa waiver
As long as she had intention to depart when she arrived, if you wait some to show that after her arrival, marrying after 60 days, then she could apply to adjust to permanent residence thereafter without departing the U.S. At least some proof of her intention exists by way of her round trip ticket ending abroad. There is probably more that I could elicit and if you think about it.
Please email me at alice@yardum-hunter for further advice.
Sincerely,