Brad Bernstein explains the process for individuals who arrive in the U.S. on an ESTA visa waiver and are married to a U.S. citizen. Brad advises that you must wait 90 days before filing for adjustment of status. This may mean you’ll be living in the U.S. illegally for a few days after your 90-day ESTA period expires. However, that’s okay because filing too soon—within 90 days of arrival—could result in an accusation of misrepresentation. Misrepresentation occurs if it’s believed you entered the