Adjustment of status-how to do it?

[Hoggypi 1]

I’m visiting the US currently in the visa waiver program and have been here for 80 days. I am with my fiancé and we don’t want to be separated again once my 90 days is up so we were thinking about getting married then adjusting status so I can just continue to stay here with him. 
 

How do we do this, since it’s not a K1 visa nor a cr1 visa so I’m unsure what paperwork we need or even where to begin. 
 

Also, what would happen if we married and applied to adjust status but my 90 days were up, I’d be overstaying, would this affect my immigration prospects?

 

How long on average before I’d be able to leave the US to visit my family? 
 

 

[Timona 4,207]

 

 

[Vickys_Mom 225]

7 hours ago, Hoggypi said:

I’m visiting the US currently in the visa waiver program and have been here for 80 days. I am with my fiancé and we don’t want to be separated again once my 90 days is up so we were thinking about getting married then adjusting status so I can just continue to stay here with him. 

 

You're starting in a hole:

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

 

A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status.

 

But keep reading.  I'm sure there are examples here of people who have worked around this.

 

And you want to remember that "...we don't want to be separated again..." isn't a valid excuse to bypass the rules.  There are a *lot* of people here who are separated from their loved ones.  It's the mechanism in place.

 

Regards,

Vicky's Mom

 

[powerpuff 6,697]

*** Topic moved from Bringing Family members (other than spouse) forum to Adjustment of Status Work/Student/Tourist visas forum ***
 

Follow the guide linked above.

 

Overstay is forgiven for spouses of US citizens when adjusting but it’s not recommended as you’re subject to deportation. We had a case here where a person was stopped for a traffic stop and ended up in ICE custody. 
 

23 hours ago, Hoggypi said:

How long on average before I’d be able to leave the US to visit my family? 

If you pay for and apply for I-131, it can take a few months. So anywhere from a couple of months to a year.

 

Otherwise you’ll have to wait for a GC. You can find processing times for your local field office (LFO) on USCIS website.

Edited April 26 by powerpuff
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