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Hi, my girlfriend entered the US on the VWP and we've since decided that we would like to get married and stay here together if possible. From my research it seems the best option for doing this is filing an I-130. My questions are 1) whether she may stay after her 90 days under the VWP if we've filed the I-130 and 2) if we can wait on filing the I-485 because of financial reasons. Regarding the first question we were told by a lawyer that once the petition has been filed she would be given a 180 day extension due to the filing period, is this true? We're worried that she would be barred from re-entry if she needs to leave the country. Also, what other forms are required for the petition? Thank you for your help.
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VWP.. and marriage..
As I know from my Lawyer: She can stay AFTER the expiration date of her Waiver for 180 days, if YOU file the I-30 petition within this time frame.. after the marriage.
Watch out, getting married after entering the US by Visa waiver means, you both decided to get married after around 2 months of her entry.. spontaneously.
If she came here by intention to get married.. its all over.. immigration fraud !! So, after entering the US you both need to stay together for about 60 days, and then get married. Filing for GC any time within the next 180 days after her waiver is expired.
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