Immigration Issues/Marrieage during VWP


Hello Mr Sung!

I flew in to America on the Visa Waiver Program to visit my boyfriend. My purpose with the trip was to visit but now we have decided to get married. Would that be possible while I am here on the VWP or will it get us in trouble? I've been here for about 60 days now.

After getting married, can I stay here while we file for applications such as greencard or do I have to go back to Europe and wait after the 90 WVP days has expired?

I understand a K1 visa is another option, but then I have to leave him during the process time and we do not wish to be separated.

Approximately how long does it take for a K1 visa to get approved? How many months are we talking about?

Thank You for Your time

Hello Erika,

You can stay and apply for adjustment of status (permanent resident, also known as a green card) without leaving.  You don't have to go back to Europe after the 90 days has expired.  If you stay to complete your green card application, it takes roughly 5 months.

If you return to Europe and apply for your green card through the US Embassy after marriage, it can take 10 to 12 months to finish the process and you may not be able to visit the US during while the case is pending.

Please contact my office to get the paperwork started. My private office email is or you can call me at (949)228-3922

Immigration Issues

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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