Visa Waiver Program Question

[airmack]

Florida, My question is my girlfriend is coming over on the Visa Waiver Program, I am a US citizen. We would like to get married. She is planning on going back to her country as she has her own place and needs time to sell her car, home belongings,.... Can we get married and her go back home a file for Adjustment of Status? . If so, can she return to the states using Visa waiver program until the process of Adjustment of Status is complete? I am new to all this and really dont know the best method..thanks for any help.

 

[evcalyptos]

Florida, My question is my girlfriend is coming over on the Visa Waiver Program, I am a US citizen. We would like to get married. She is planning on going back to her country as she has her own place and needs time to sell her car, home belongings,.... Can we get married and her go back home a file for Adjustment of Status? . If so, can she return to the states using Visa waiver program until the process of Adjustment of Status is complete? I am new to all this and really dont know the best method..thanks for any help.

The process called adjustment of status is ONLY for people who will remain in the US while their case is processing.
The visa waiver (or visitor visa) program is NOT a legitimate way to immigrate. Entry as a visitor with the intent to file for AOS is illegal.

You can marry while she is visiting, and lodge the first part of the paperwork during her visit (petition I-130). When that is approved, your wife will be invited to apply for a visa in her home country.
She may visit (but not live in the US) while her case is pending. Shorter visits or one long one are your best shot at her getting in.. each entry is a new application for admission and she must not be spending 'too much' time in the US.

Your marriage based visa options are discussed here: http://www.familybasedimmigration.com/forum/showthread.php?t=417

 

[airmack]

Thanks for your reply. So does the I-130 form get her the provisional green card or is that considered a Visa? can she travel unlimited times to the states with the provisional green card?

 

[evcalyptos]

Thanks for your reply. So does the I-130 form get her the provisional green card or is that considered a Visa? can she travel unlimited times to the states with the provisional green card?

What is a provisional green card?
If Permanent Resident status (green card) is granted based on a marriage to a US citizen and the marriage is less than 2 years old, the PR status has 'conditions'. The person is still a Permanent Resident with all the same rights and responsibilities as any other PR, but they must file an additional petition 2 years after getting their green card, to show that their marriage was not solely for the purpose of getting the green card.
During that time, she can travel, work unlimited, the same as any other Permanent Resident.
There is no more use for a 'visa'.