Adjustment of status on visa waiver

[nellymoser 0]

I have a query I am hoping to know what is the best move. I came to the US on a visa waiver to visit my boyfriend and he proposed to me about two weeks ago. We want to get married here but I have a return flight booked for today! So we want to wait another thirty days before we get married but i have my return flight. If I cancel it will that reflect badly when we apply to adjust status? I don't have the money currently to pay to reschedule the flight and I intend on staying in the US after marriage. However, I didn't intend to get married here before I came.

[teeak 224]

Yes, you can cancel the flight. It should not be a problem when you try to adjust status.

[nellymoser 0]

Thanks even if we wait another month before we file?

[teeak 224]

Yes, you'll still be in status I assume. But, even if you stay past the date on the I-94, your overstay will be forgiven by adjusting through a marriage to a US citizen.

Here's where you can see a copy of your I-94:

https://i94.cbp.dhs.gov/I94/consent.html;jsessionid=4n9fWKDCpzGZRQpKjcyhJ5s1c1wPdsLVplSYQ2ZwKQyFHFbSTQyX!-1268894574

[Ryan H 3,790]

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

You don't need to wait 30 days to get married, marry when you want, file shortly thereafter.

[mrishohag 0]

It depends how long you stayed here. Normally a Visa waiver is good for 90 days and if you are over 90 days while you are applying for I-130, might cause some problem. So before doing anything try to get your Waiver extension.

[newacct 688]

and if you are over 90 days while you are applying for I-130, might cause some problem.

No, it does not "cause some problem".

So before doing anything try to get your Waiver extension.

There is no such thing as a "waiver extension".

[Starkilla09 366]

It depends how long you stayed here. Normally a Visa waiver is good for 90 days and if you are over 90 days while you are applying for I-130, might cause some problem. So before doing anything try to get your Waiver extension.

Totally misleading and wrong! There's no such thing as visa waiver extension, neither is the any "problem" by overstaying and adjusting status. You can request an extension for a B1/B2 visa, however; it's still irrelevant in this scenario as you can still adjust status without any issue of overstay by being the spouse of a U.S. Citizen.

Edited January 11, 2016 by Starkilla09

[Boiler 43,433]

Why do you want to wait?

How long have you been here?

[nellymoser 0]

The reason we are waiting is 1.) the financial cost of applying for the visa and 2.) are they not more accepting of a valid relationship if the marriage takes place within the 60-90 day window?

[Transborderwife 4,666]

The reason we are waiting is 1.) the financial cost of applying for the visa and 2.) are they not more accepting of a valid relationship if the marriage takes place within the 60-90 day window?

1. Ok fair enough 2. Nope. Doesn't matter