Is it possible to marry her and stay and apply for a green card? 7 Answers as of August 29, 2013

I’m Irish and have an American girlfriend. We have been together nearly 2 years and she has come to Ireland three times (3 months each stay). Now I am in America on a VWP and it expires in October. We just had a baby girl. We really don’t want to be apart. Please let me know how this works.

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Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
A VWP entrants can only adjust status to permanent resident if the application is filed before the expiration of their stay in the US. Also, it is advisable to consult with an immigration attorney because there are other issues like "immigrant intent", misrepresentation or fraudulent intent that might be of concern in your situation.
Answer Applies to: Mississippi
Replied: 8/29/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer depends upon your intentions at the time of entry. The first step is to marry. The next step would be to seek permanent residence. How to proceed will depend upon your intentions at entry. If you intended to stay, then you would be best advised to seek an immigrant visa though consular processing.
Answer Applies to: New York
Replied: 8/26/2013
Preston & Brar, LLC | Jesse Brar
Yes, if you are married to a U.S. citizen, you can apply for your green card. Once you are married, your wife can file the petition for you and you can file the application of adjustment of status ("green card") along with that. However, you must file the applications before your 90-day stay expires. If possible, you should file all the applications and required evidence well in advance of your VWP expiration date. Once your applications are filed, the USCIS will then send you an Employment Authorization Card ("work permit") which would allow you to get a social security number, your drivers license, etc. Then after your green card interview, you will receive your conditional green card (which will be good for two years).
Answer Applies to: Utah
Replied: 8/26/2013
Vladimir Parizher
Vladimir Parizher | Vladimir Parizher
She needs to petition for you as soon as possible. You have to get marriage certificate right away before petition is submitted. There are few other forms that would have to be submitted as well. You can do it all before October. There are few questions to answer. One of them is very important: if she is able to support you. However, there are some other options: you may self-support this petition. The idea is that no one should rely on the government subsidies. For that, you, or your spouse, must show sufficient income or assets reserves. The process is fast. You need to gather the right documentation. You have a choice: reading everything on the website and doing it yourself, or retaining an immigration attorney who does it all the time and gets it right the first time and faster. If you do it right from the start, you may achieve what you want fairly fast.
Answer Applies to: California
Replied: 8/26/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Immigrants who enter the US under the visa waiver program (VWP) can only apply for adjustment of status through an immediate relative. After you have married your US citizen girlfriend, she can petition for you on form I-130 and you can apply for adjustment of status concurrently on form I-485 with USCIS. You do not need to return to Ireland. You should wait at least 60 days after your entry before submitting the paperwork. If your application is approved, you will be granted residency status and can stay in the US legally. It's currently taking USCIS about 4-6 months to process the application before calling you and your future wife in for an interview.
Answer Applies to: Texas
Replied: 8/26/2013
    Law Office of Eric Fisher | Eric Fisher
    If you marry your USC girlfriend, she can file a visa petition for you and you should be able to apply for lawful permanent residency before returning to Ireland, but discuss this with an immigration attorney as the forms can be confusing and you should not the US until certain things happen.
    Answer Applies to: Colorado
    Replied: 8/26/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. You can stay, marry and apply for your green card (even if you are in the US on a visa waiver). The green card process takes about 3 months from start to finish. Please consult with an experienced immigration attorney before getting married.
    Answer Applies to: California
    Replied: 8/26/2013
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