Apply for AOS during VWP status

Karen writes, "I met a French man who was on a business trip to their bank's several locations in the United States.  Our relationship progressed so fast that we are considering that we should simply tie the knot and he should ask his employer to simply let him work here.  I realize that it would be much better if he enters with a K-1 visa, but I cannot imagine being separated from him for months while his paperwork goes through.  Is it okay to apply for USCIS Form I-130 and Form I485 to simply let him get a family based green card without us being separated?"



The reality is that unlike many other visa categories under which aliens can enter the US and then adjust their status (yes, even tourist visa is legitimate), the visa waiver program is an exception.  As a matter of policy, USCIS does not look kindly upon aliens who entered under VWP trying to adjust their status, simply because the extensive scrutiny that is conducted prior to a visa is not done in this caseApplying for his green card does not mean that he will be definitely denied, but the recommended option would be for you two to marry, have him go through consular processing, and then enter the US as a permanent resident.  In case, you are willing to risk delays, denials, or extensive scrutiny, you can take a chance to see what happens, but be prepared to produce documentation that you two met for the first time only during this visit and did not even know each other prior to that and that this was a business trip for him.