Please Advise!!!!

[Gagan77]

a

[txh1b]

You should not get married in US when you entered on VWP. If she has a GC, you can get married and file for GC using Cp. Depending on your country of birth, the wait could be significant for such visas. Best is to wait for her citizenship and then get married.

[PraetorianXI]

1. Shall she still try to file for US citizenship, or what other suggestions do anyone of you have? She needs to read form N-400. She must qualify for citizenship and if she has had long absence periods from the USA I doubt she will.

2. Is it suggested that we get married within the US, or outside the US and will this cause more of a complication if we get married when she is only on the GC status? Can this cause any complication down the line? It does not really matter where you get married, or what her status is when you do so. I would rather get married in the USA and thus have a US marriage certificate. But you can not stay in the USA with your spouse. You will have no legal status here.

What status will I fall under? None. You can not just "get" a status from marrying someone (even if they are US citizens). You must APPLY for a status, and in this case, there is nothing she can do to qualify you for an immediate immigrant visa/green card. and will this be considered legal or illegal? If you stay here, you will be illegally present, could be deported and face bars from re-entering the country even when she becomes a citizen.Would I have the right to stay in USA with her and work in the mean time until she is able to obtain her US citizenship? No. Not under the visa waiver program or any kind of visitor visa. You can try applying for an H1 or L1 visa.

Spouse of green card holders, must wait about 4-6 years for an immigrant visa number to become available for them. During that time all they can do is wait, you can not stay in the USA until she gets citizenship and you can not enter using a non-immigrant visa (or program) with the intention to stay in the USA either.