Marriage with Foreign Citizen on a Visa Waiver stay

[GarlicBread]

What is the name of your state (only U.S. law)? OK

Hello Everyone,
I came onto this website while searching for information about marriage in the US.
I am a French citizen and my soon-to-be wife is a US citizen.
We have known each other for over 10 years and decided last year to settle in together.
Now we are trying to plan everything for marriage etc..

Originally she thought we could go for marriage and then claim to update my visa status but since I'm from France, I don't need a visa to enter the US (as a tourist of course)
Therefore, and as I have seen on this forum, since I don't have a visa, I obviously can't change its status.

So we are thinking of doing as the following:

1. we get married in OK
2. we file the forms I-130 along G-325A
3. when my stay here is over (3 months) I move abroad so that I cannot be told bad of my entry intent and I don't overstay.
4. when the petition is approved, I checked in with the US Embassy in France for my re-entry in the US.

So first, is that a good way to go?

Second, I have to would like to know point out the following:

- I have to change my passport before filing for petition as my current expires in a year (so it does not cover the length of the green card when I get it). The passport is already done, just waiting to be activated (meaning I need to go to the French consulate to pick it up)
Since I change the passport while being in the US, do I have to request an ESTA for it right away or only when I will re-enter the country?

- With the filing of I-130, is there anything to prevent me of coming back to the US on a tourist stay during the processing period?
I mean is it not allowed? or is it not advisable or is there no problem at all? as long as I don't overstay and I go back to France for the final processing of I-130 and get the visa then.


Also, in terms of sponsorship, will there be any problems as my soon-to-be wife is still a student in medical school (last year though) ?
as it is right now, I am supporting her financially.

Thanks a lot for your attention, any help, advice, question will be appreciated.

Best Regards.

 

[FlyingRon]

There have been some recent decisions that are in your favor for coming in under VWP and applying for permanent residence based on marriage. I'm not sure you even have to leave. It's not really what the VWP was intended for, but as stated, the federal rulings have been in your favor on this.

The proper way to do this would be to get a K1 visa from the outset.

 

[GarlicBread]

Thanks for your reply.

So how could I know more about the federal rulings if it is accessible?

You mention the K1 but if we go for K1 that means we don't get married while I'm here then have to go back to France and do the whole processing of K1, which as I understand takes longer than I-130
Or am I wrong?

Again, thanks in advance for your help

 

[ImmigAttyLana]

IF you are in the US on a visa waiver and you get married to a US citizen, you ARE able to adjust status to permanent residence on the basis of marriage to a US citizen. IT has been that way for years and years. There is nothing new in the regulations about it.