This is a unique case... I hope someone will help

[botond 0]

@payxibka so we will apply for the spouse visa, she goes home and she will wait until she gets those papers, but when she comes to visit,  what type of a visa will she need ? The tourist visa will be enough that se already has ?

[botond 0]

What are my chances for citienship with the status information letter ?

[SalishSea 16,772]

5 minutes ago, botond said:

@payxibka so we will apply for the spouse visa, she goes home and she will wait until she gets those papers, but when she comes to visit,  what type of a visa will she need ? The tourist visa will be enough that se already has ?

If she already has a B1/B2, she can use that.  It would still be up to the discretion of the CBP at POE, and with a pending spousal visa, she would need to show ties to home to convince them she does not have immigrant intent.

[botond 0]

the problem is that she only has ESTA  -the visa vaiwer program currently  what about that ?

[David & Diana R 1,005]

38 minutes ago, botond said:

if she comes here, we marry here and she can stay here legally, after 150 days can we request working permit for here ? Can she even get a driver licence ?

NO!

[little immigrant 800]

4 minutes ago, botond said:

the problem is that she only has ESTA  -the visa vaiwer program currently  what about that ?

That's good she can visit with that 

[SalishSea 16,772]

31 minutes ago, botond said:

the problem is that she only has ESTA  -the visa vaiwer program currently  what about that ?

Same basically, as with a B1/B2.  She can apply for entry to the US after flying here.  The length of stay (as with intent) is established by the CBP officers at entry.  She will need to bring proof of ties to home because they are required by law to rule out immigrant intent, and it is the foreign visitor's burden to prove they will return to their country.

[Russ&Caro 1,548]

FYI, many of the participants here on VJ have had to wait 1 or more years apart from their spouse before they could legally immigrate. I didn't see my wife, in person, for 16 months after our marriage. We were saving money to eventually buy a house so we chose not to travel the long distance to see each other. Your potential marriage and waiting situation is not at all unique. Your selective service situation is being properly handled by an attorney. My guess is that you'll be okay for citizenship barring some other evidence to the contrary.

[JFH 12,189]

1 hour ago, Jorgedig said:

Same basically, as with a B1/B2.  She can apply for entry to the US after flying here.  The length of stay (as with intent) is established by the CBP officers at entry.  She will need to bring proof of ties to home because they are required by law to rule out immigrant intent, and it is the foreign visitor's burden to prove they will return to their country.

She’s on the VWP. That’s always 90 days or nothing. CBP do not make a decision on length of stay for VWP people (unless they are being turned away and then it’s zero days). 

[NikLR 13,220]

If you overstay, even by one day, you lose ESTA privileges so it's best to never overstay your VWP visit.  It's best to book a flight home 2 days before you're supposed to leave in case there is an issue outside of your control (delayed/cancelled flights, weather issues, etc..)

[Hypnos 6,576]

4 hours ago, botond said:

What are my chances for citienship with the status information letter ?

Almost non-existent.

 

Your N-400 will likely be denied for failing the good moral character test by not registering for Selective Service. You would need to wait until you turn 31 for this to no longer be an issue. 

[HonoraryCitizen 179]

How long were you outside the USA? Your permanent residency could even be at risk and the time apart from your girlfriend would be the lesser of your problems.

 

As someone pointed out, your situation concerning a long separation from your fiancé is not unique, at all.

[SalishSea 16,772]

5 hours ago, JFH said:

She’s on the VWP. That’s always 90 days or nothing. CBP do not make a decision on length of stay for VWP people (unless they are being turned away and then it’s zero days). 

Okay, well my point was that being admitted is at their discretion.  

[JFH 12,189]

2 hours ago, Jorgedig said:

Okay, well my point was that being admitted is at their discretion.  

Yes indeed. Always a privilege, never a right. 😄

[Going through 5,668]

3 hours ago, HonoraryCitizen said:

How long were you outside the USA? Your permanent residency could even be at risk and the time apart from your girlfriend would be the lesser of your problems.

From my understanding of the original post, it sounds like he's presently in the US now with a valid greencard, after taking a lengthy trip abroad in 2014 to finish his schooling.