Marriage - VWP vs. K-1 Status

[Dylan]

Right now my girlfriend travels w/VWP privilege. If we decide to get married last minute (emphasis added) here in America, and then file for AOS, are we likely to encounter denial because we didn't apply for a K-1 first? We've consulted an immigration attorney who said as long as: a) she doesn't come w/specific plans to marry beforehand (which is true), and b) the wedding takes place after 60 days, we will be fine. While we don't have problem w/the K-1 per se, it seems to create a lot of limitations like: we must marry w/in 90 days and if we don't, she can never come back on that visa again. Our goal is flexibility, fewest complications, and remain lawful. Feedback/Suggestions?

[rayb]

There is no "after 60 days" rule for marrying while on Visa Waiver status. There is no K1 requirement that would apply to you. Once you marry, you have two choices:

1. Submit an immigrant petition and adjustment petition at the same time. But there is a possibility that your wife's Visa Waiver status might not allow her Adjustment status to be adjudicated (I've heard it both ways).
2. Submit an I-130 for your wife; she returns to her country, and is then processed as a spousal immigrant.

--Ray B

Right now my girlfriend travels w/VWP privilege. If we decide to get married last minute (emphasis added) here in America, and then file for AOS, are we likely to encounter denial because we didn't apply for a K-1 first? We've consulted an immigration attorney who said as long as: a) she doesn't come w/specific plans to marry beforehand (which is true), and b) the wedding takes place after 60 days, we will be fine. While we don't have problem w/the K-1 per se, it seems to create a lot of limitations like: we must marry w/in 90 days and if we don't, she can never come back on that visa again. Our goal is flexibility, fewest complications, and remain lawful. Feedback/Suggestions?