Marrying my fiance' in America

[troycerveny]

I am in America on the VWP and want to marry my girl. If I do so and apply for change of status/permanent residency (she is a US citizen), how long do I need to do this before my 90 days expires? If the 90 days expires while my application is being processed, am I able to stay beyond the 90 days until the application is considered?

[immihelp]

Once you get married, your U.S. citizen spouse can file for your I-130 and I-485 at any time before the 90 days expire. As long as I-485 is filed and pending before the expiration of 90 days, you can legally stay in the U.S.

[cafeconleche]

You could be accused of misrepresentation when you entered the US on the VWP with the intent of marrying your fiance and adjusting status. I've heard that CIS is cracking down on such cases. You should follow the K1 process instead, or get married, leave the country, and follow the consular processing route if you want to avoid a possible confrontation with CIS.