Can a Foreigner on a Visa Waiver Program Apply for a Green Card After Marrying a US Citizen?

Question from Donald, Can a Foreigner on a Visa Waiver Program Apply for a Green Card After Marrying a US Citizen?

Answer from AI:

The Visa Waiver Program (VWP) allows citizens of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. If a foreigner on a visa waiver program marries a US citizen, it is possible to apply for a green card (permanent residency). However, there are potential complications and risks involved.

Intent at Entry

The key issue is the intent of the foreigner at the time of entry into the US. The US immigration law has a concept known as “preconceived intent,” which refers to the intention of a person to immigrate to the US at the time of their entry. If a person enters the US with the intention of marrying and staying permanently, but uses a non-immigrant visa or the VWP to do so, this could be considered visa fraud.

However, if the marriage was not planned prior to the visit and the decision to marry and apply for a green card was made after entering the US, this is generally acceptable. It’s important to note that the burden of proof is on the couple to demonstrate that the marriage was not pre-planned.

Adjustment of Status

The process of applying for a green card from within the US is known as “adjustment of status”. While it is technically possible to adjust status from a visa waiver program, it is generally more complicated and risky than adjusting from a different type of visa.

Under the VWP, the foreigner waives their right to contest a removal (deportation) order. This means that if the adjustment of status application is denied for any reason, the foreigner could be ordered to leave the US immediately, without the opportunity to argue their case before an immigration judge.

Legal Advice

Given the potential complications and risks, it is highly recommended to consult with an immigration attorney before deciding to marry and apply for a green card while on a visa waiver program. An attorney can provide personalized advice based on the specific circumstances and help navigate the complex US immigration laws and procedures.

For more information, you can refer to the US Citizenship and Immigration Services (USCIS) website or the Department of State website.

Remember, this information is intended to provide a general understanding of the law. It is not intended to provide specific legal advice. Always consult with a legal professional for personalized advice.