Overstaying a visa is a serious issue in many immigration cases, but marriage to a U.S. citizen places you in a special category under immigration law. Immediate relatives of U.S. citizens are forgiven for overstays when applying for adjustment of status, as long as they entered the U.S. legally. USCIS generally focuses on whether the marriage is real and whether the applicant has any serious violations like fraud or criminal issues. Overstay alone usually does not prevent approval in these cases.

Many people panic when they hear the word “overstay,” but for spouses of U.S. citizens, it is one of the most commonly forgiven violations. USCIS does not treat overstays the same way it treats unlawful entry or misrepresentation. As long as you entered with inspection and can prove a genuine marriage, overstaying does not automatically disqualify you. However, you must be careful not to leave the U.S. without advance parole while your case is pending, as that could trigger serious bars.

Overstays are forgiven for immediate relatives, but documentation is everything. USCIS will examine your marriage closely to ensure it is bona fide. They may also look at your full immigration history, so honesty is critical. Overstaying is not ideal, but it is one of the few violations immigration law clearly allows forgiveness for in marriage-based cases.