[aosta2012]

I am an Australian and I came to the USA with m visa waiver to see m girl friend and we are in relation for the past 5 years (she has a green card ).Every year,I come to see her.So we got married 60 days ago that was not planned as every year we planned but money issue.. So I want to know I better to return to Australia and do everything at the USA Consulate as I am scared to be in trouble.. Please advise, some friends tell me to stay and other they told me to go back.Please as advise thanks

[joypulv]

Getting married didn't give you any new protection. Have you even talked with an immigration office here? You can find the nearest place to you online.

[smoothy]

Its going to go a LOT smoother if you do return to your country while applying. And as joypulv pointed out.. Marriage grants you no rights, and no guarantees.

[newacct]

Spouse of a permanent resident is in the F2A category, which has a 1-2 year wait for visa numbers. That means after your wife petitions for you, there is a 1-2 year wait before you can actually apply for permanent residency (either Adjustment of Status in the U.S. or Consular Processing abroad). The petition doesn't give you any status or ability to stay in the U.S. so you will have to leave the country or you will violate the terms of your status.

A spouse of a permanent resident must be in status at the time of applying for Adjustment of Status, so staying here illegally won't help you. Plus, someone who entered on VWP is not eligible to adjust status as the spouse of a permanent resident.

If you were the spouse of a U.S. citizen, however, then you would be able to adjust status without being in status, and entering on VWP does not disqualify the spouse of a U.S. citizen from adjustment of status. So if your wife is going to become a citizen soon, waiting and then adjusting status after she becomes a citizen could theoretically work. However, that would be very risky as you would be deportable at any time, and since you entered on VWP, you waived all right to fight deportation. And if you were deported after you've already been here illegally for a certain period, you could get a ban.

Marrying someone who is a permanent resident is generally the slowest way for you to immigrate. If you had married her before she got a green card, then you would have been able to get a green card also as her derivative beneficiary. However, now you just have to settle for a really long wait.

[catonsville]

Not that I agree with hopping over the border, but it does have its advantages i.e. Obama Method.

[smoothy]

There is the theory and there is the practice. It rarely goes as easily as it seems. Not from personal experience... (2 years is a pipe dream for most, my wife got hers acted on in 2 years only after direct intervention of some very influential people, and she wasn't from a country with long wait periods.) In fact of the dozens of immigrants I know personally... exactly none had it go quick or smooth. And at least one has a spouse who is a US citizen and they can't ever get legal status. (with NO criminal arrest history) after 10 years , over $100,00 spent and exhausting the appeal process in the courts WITH an immigrations attourney..

Make plans on it taking significantly longer (as in years longer) and count your blessings if its anything on the quicker side.