I am from Nigeria and now living in Arizona. I came to the U.S. on a tourist visa to visit family, but I overstayed because my father in Nigeria became very ill and I didn’t want to leave my mother here alone. Now I have been in Arizona for more than a year without status. I recently got married to a U.S. citizen, and we are thinking of applying for adjustment of status. Will my visa overstay be a problem when I apply for a green card through my marriage, or could it lead to deportation?

Question

Mahboubeh Mahboubeh · Accepted Answer

Overstaying your visa will not automatically block you from adjusting status if you marry a U.S. citizen. USCIS allows spouses of U.S. citizens to apply even after an overstay.

Osahon Ibhadode · Answer

Your marriage must be genuine, and you’ll need strong evidence to show it is real to avoid fraud concerns.

Rashidat Balogun · Answer

Although the overstay itself won’t prevent you from applying, USCIS will carefully review your case. If your marriage is proven real, you can likely adjust status without leaving the U.S. However, if USCIS suspects marriage fraud, they may deny the case and even place you in removal proceedings. Having a lawyer guide you will make the process much safer.

Adebayo Okonkwo

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