Already married, can she re-enter on VWP and then apply for AOS?

[nlruggie]

Hi all,
I am a US citizen who got married in November. It was an unplanned wedding while she was visiting using the visa waiver program(she's from Belgium). She had a return flight to Belgium in early December and had to return home for work. She has decided she wants to live here in the US with me. My question is, can she return to the US via the visa waiver program and then apply for adjustment of status?

[wavedom]

Theoretically it should be possible to apply for AOS using the VWP. I don’t know how common it is or how often applications are denied. If she arrives on the VWP and tells the CBP that she’s planning on staying permanently she will definitely be denied entry. How you choose to do it is up to you, but if I was in your situation I would do it the proper way and go for the IR-1/CR-1.