Originally Posted by
frankvb
If the waiting list is 18 months, how do you stay legally in the US during that time (once you are married to the US citizen)?
BTW: if you enter the US on the VWP, and then get married to a US citizen, wouldn't that in itself be a violation of the VWP (or at least the violation would occur once your spouse petitions for a green card)?
In answer to your first question, legally you can't stay 18 months. You have a maximum stay of 3 months under the VWP. However, many leave to a nearby destination just before those 3 months are up and then return and get another 3 months. However, do this 2-3 times and it flags up to an Immigration Official and you'll be questioned.
If you get married, this is a bit more unclear. However, your spouse would have to petition for you and then the Department of Homeland Security would have lots and lots of questions to ask. They would likely turn up at your home to check you are really living as man and wife and ask all kinds of intimate questions (they do this in the UK too - I know from personal experience). The spouse would probably have to return to their home country before final visa is issued. Also I think you'd be issued a visa before getting the green card as that will take a number of years.