From england i entered the US on a visa waiver i had no intention when entering to marry but did before the waiver was up, been here for 4 years now will i have to return to england or can i get a green card whilst in the US.
by 
tin23uk
ANSWERS: 7
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One of the terms of the Visa Waiver is that you don't change your Visa status whilst you're in the USA using the Visa Waiver. If you want to change your status, you have to go home and do it from there. If I understand correctly, you've been breaking the law for the past few years, something US immigration will not take lightly. You really do need to consult the US embassy.
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You'll need to go home and sort it out. You needed to talk to immigration and work it out BEFORE you got married. In fact, how on earth did you get a marriage license if you were on a visa waiver? Get in touch with the Embassy and see if you can figure something out with them. Just understand that it may be a complicated process, particularly since you're doing it in the wrong order.
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You do not need to go home and indeed shouldn't as you may not get back in. Simply fill in the required paperwork and you should be granted permanant residency as you are married to a US citizen.
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You can not get an adjustment of status on a visa waiver. You will have to return to England so your wife can petition for a spousal visa and you can respond at the US Consulate.
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yeah you can get citizenship
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No, you don't have to return to England - I managed to get what USCIS calls a "adjustment of status". Proof that you can do this is at http://www.everything2.com/node/1959542
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Get a good immigration attorney. You can apply, but probably not from the US as you are here illegally and never had a valid visa. The laws have changed in the past 2 years and have become less forgiving of those without valid visas. In most cases now, you will be required to return to your country to wait during the application process simply because your visa was initially waived. Those who enter on visas are given a little more laxity.
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