Logo
Community Forum

immigrationQuestion.com

JN

josef novak

Posted about 8 hours ago

User
I came to the US in 2021 on a visitor visa and ended up overstaying after my I-94 expired. Life happened and I stayed. I’m now married to a US citizen and we want to file for adjustment of status. I never worked without authorization and I don’t have any criminal issues. I keep hearing mixed things about overstays and I’m really nervous. Will this overstay prevent me from getting my green card?
3 Responses
F

Farouk Elhadi

Answered about 8 hours ago

User

I came to the US in 2021 on a visitor visa and ended up overstaying after my I-94 expired. Life happened and I stayed. I’m now married to a US citizen and we want to file for adjustment of status. I never worked without authorization and I don’t have any criminal issues. I keep hearing mixed things about overstays and I’m really nervous. Will this overstay prevent me from getting my green card?

Replies

F

Farouk Elhadi

Replied about 8 hours ago

User

So an overstay by itself does not block adjustment of status when you’re married to a US citizen. Immigration law forgives overstays for immediate relatives as long as you entered the country legally. USCIS will care more about whether the marriage is real than how long you overstayed.

L

Laxmi Shrestha

Answered about 8 hours ago

User

I overstayed for almost three years before marrying my husband who is a US citizen. We filed adjustment of status and I was approved without issues. The interview focused mostly on our relationship and joint documents, not the overstay.

M

Mateo Ibarra

Answered about 8 hours ago

User

Just make sure you do not leave the US until you get advance parole. Leaving without it can trigger a ban because of the overstay. That’s a common mistake people make.

Subscribe to our newsletter and stay updated.

Subscribe to our newsletter to get the latest immigration news and insights delivered to your inbox.

Download

Download the immigrationquestion.com app

Post your immigration question free