Can I change my visitor visa to permanent resident after I marry my US citizen girlfriend? 8 Answers as of February 17, 2011

I am on a visa waiver program and currently visiting the states. My girlfriend and I are planning on getting married while in the US as visitors. Can our status be changed from visitor to permanent resident after our marriage? She is a US citizen.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes but most offices now require that your permanent residency paperwork be received by USCIS before the VWP period expires (i.e. before the 90th day) so you need to act quickly. We would be happy to assist you in this complex process. Contact me as indicated below and I will give you the information regarding procedures, fees, documents, required and timing.
Answer Applies to: California
Replied: 2/17/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
Your girlfriend can file for a K visa for you.
Answer Applies to: Florida
Replied: 1/31/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes.
Answer Applies to: Florida
Replied: 1/30/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Yes, after you marry her she can petition for you and you can adjust your status to that of a legal permanent resident.
Answer Applies to: Florida
Replied: 1/29/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
I485 petition does not grant you right to stay. Thus you need to make sure your stay is legal.
Answer Applies to: Florida
Replied: 1/28/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Technically yes, but be careful. You should know that as a visa waiver program entrant, you can only obtain permanent residence through USCIS. So, you only get one chance at it. Do it right.
    Answer Applies to: Virginia
    Replied: 1/28/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Yes you may. However, some USCIS offices in some states take the position that you must file your adjustment of status application BEFORE your VWP stay expires. Otherwise they will deny it. Not all USCIS offices are doing it so you should check with an immigration attorney in your area.
    Answer Applies to: California
    Replied: 1/28/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    I often am able to file adjustment applications for clients in your situation, when the decision to marry the USC is made after the applicant entered the US. However, I also feel it is important to consult with a competent immigration attorney living in your jurisdiction because different DHS offices treat these cases, well, differently. In SF, it is routine for them to approve cases with this issue. However if denied, you are given no right to immigration court normally, therefore an officer could deny your case based on discretion and you have no recourse. Hence, check with an attorney in your area! (You also need the attorney to vet the rest of your case for eligibility.)
    Answer Applies to: California
    Replied: 1/28/2011
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