Marriage ESTA 60+ days or 90+ days?

[User778899]

US Citizen with a UK boyfriend on Visa Waiver.

My boyfriend visited me for a month and decided to stay longer. After meeting each other's families and spending almost two months living together, I've decided to ask him to marry me. (We've dated for about 8 months) I think he will say yes so I want to be prepared.

I have researched and am alittle confused.

I understand we can submit an Adjustment of Status for a spouse and I've read many experiences of paperwork and interviews etc. All helpful!

However, I'm nervous about the 30/60/90 thing and the new 90 day rule for DOS.

My questions:

We plan to marry in two weeks after 60 days. Would we send in paperwork for aos before the 90 day period or after? Do they care when you married or when you submitted the aos paperwork or both?

I understand overstay under 180 days is forgiven under aos for spouses?

If we wait until April to get married it would go beyond the 90 day period, but he would be in an invalid status.

I didnt realize it would be so confusing and I want to do things right.

Any advice?
Thank you

[azblk]

That rule you are talking about is a department of state rule and does not apply for AOS. Go ahead, get married and file. As long as sponsor is a US citizen overstay of any length is overlooked.

[User778899]

That rule you are talking about is a department of state rule and does not apply for AOS. Go ahead, get married and file. As long as sponsor is a US citizen overstay of any length is overlooked.

Thank you for your insight. I just read that they may deny us if its under 90 days as they consider it a presumption of intent or breaking the rules of the visa/waiver.

Just so much confusion and fear in the google searches. Thank you!

[scientist2016]

Thank you for your insight. I just read that they may deny us if its under 90 days as they consider it a presumption of intent or breaking the rules of the visa/waiver.

Just so much confusion and fear in the google searches. Thank you!

azblk is right. GC cannot be denied for presumed immigration intent in your case.