Visa confusion traveling from the UK to the US

[nouveauglass]

I live in the US and my girlfriend will be coming from the UK to the US later this year... the intent is that she will be here for a "visit" and then return home. However, our ultimate plan it to be married and that she'd remain in the US. If she travels here this year on the VWP and once here, decides to stay, is it possible for her to apply for the fiancee immigration visa while she's here and NOT have to return home to the UK? I'm concerned that she'd be forced to return home to apply for the visa that would allow her to return to get married.

Also, if she comes here on the VWP and DOES return home before returning to stay (by choice or because she has to), are there restrictions on her use of the VWP more than once over any period of time? For ex: she can't use the VWP more than once per calendar year, etc.

Thanks in advance for any help.

[pink-kittens]

From Jan 2009 she must apply for a visa as the VWP will no longer exist
Some useful links in this thread posted just last week
http://www.theanswerbank.co.uk/Travel/Question 632790.html

[nouveauglass]

Actually, my understanding is that after January 12, 2009, the VWP program will still be in place but rather than simply filling out a form on the plane, en route, "all qualified VWP travelers will be required to obtain electronic travel authorization prior to boarding an air or sea carrier to the United States". This does not REPLACE the VWP but supplements it, as described here

http://www.usembassy.org.uk/cons_new/visa/niv/ esta.html

[kempie]

Admission under VWP does not allow for change or extension of non-immigrant status.

There is no fixed limit on the number of entries in a year under the VWP. However, if there are repeat entries under the scheme CBP may question the purpose of the trips, and whether it comes under the VWP. And of course CBP may refuse VWP entry on a whim with no recourse for appeal.

http://www.cbp.gov/xp/cgov/travel/id_visa/busi ness_pleasure/vwp/vwp.xml