Is it legal to file AOS once married in the USA?

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Is it legal to file AOS once married in the USA?

Hi,
My partner US citizen and I
Australian have been together for
a few years and have decided to
marry after meeting in Australia
and me travelling back forth a
few times to visit her while she
studies. I am currently here US
on VWP and am unsure of what
options are available – if any – that
would allow me to stay without
having to leave for a long period. Is
AOS an option once married?
Thank you for any assistance.

Asked on May 18, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if you have decided to get married after you entered the US on the VWP, you can get married and file for AOS ; however you should not do so within 90 days of your entry but wait until that period is over or almost over and file then.  Please let me know if you have any additional questions or need assistance in connection with this matter.


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