I am from South Africa and now living in Georgia with my family. I entered the U.S. on a visitor visa a few years ago, but my status expired and I never left. Recently, I married a U.S. citizen and we are thinking of filing for adjustment of status so I can get a green card. My concern is whether my previous overstay will cause a problem or prevent me from applying. Will USCIS deny me because I stayed past my visa, or does marriage to a U.S. citizen change the situation?

Question

Mahboubeh Mahboubeh · Accepted Answer

Marriage to a U.S. citizen can forgive an overstay in many cases. You may still be eligible to apply for adjustment of status despite your expired visa.

Osahon Ibhadode · Answer

You must file Form I-485 and show proof of a valid marriage along with your spouse’s U.S. citizenship.

Rashidat Balogun · Answer

USCIS usually allows spouses of U.S. citizens to adjust status even if they overstayed their visa, but you need to make sure no other issues (like fraud or criminal history) affect your case. If approved, you can get a green card without leaving the U.S. However, it’s very important to prepare your application carefully, since errors or missing documents can slow things down. A strong marriage-based petition with evidence will give you the best chance of success.

Thulani Nkosi

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