I came to the U.S. from Nigeria on an F-1 student visa and completed my degree in New Jersey two years ago. After that, I got OPT and worked legally for a while, but I couldn’t find an employer willing to sponsor me for an H-1B. My OPT expired, and I’ve been out of status for almost a year now. I recently started dating a U.S. citizen, and we’re talking about marriage. If we get married now, can I still adjust status from within the U.S. even though I overstayed? Or will I be required to leave and apply from Nigeria?

Question

Lalita Chakraborty · Accepted Answer

Yes, you can adjust status from within the U.S. if you marry a U.S. citizen, even with an overstay. Immediate relatives are exempt from the overstay bar.

Nkosinathi Ndlovu · Answer

Since you entered the U.S. legally with an F-1 visa, that’s a major plus. Overstaying your visa typically doesn’t block you from adjusting status through a U.S. citizen spouse. Just be ready to prove the relationship is real and not just for immigration purposes.

Mahboubeh Mahboubeh · Answer

Marriage to a U.S. citizen is one of the few paths that can forgive an overstay. As long as your original entry into the U.S. was legal, which it was with your F-1, you’re generally allowed to file for adjustment of status without leaving the country. That means you can stay in New Jersey while applying. However, USCIS will carefully examine your marriage to ensure it’s genuine. It’s a good idea to speak with an immigration attorney before filing, just to make sure everything is done correctly.

Noora Bello

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