In many cases, a person who overstayed a visa may still adjust status inside the United States if they are married to a U.S. citizen and entered the country legally. Immediate relatives of U.S. citizens are forgiven certain immigration violations, including overstays. However, issues such as prior misrepresentation, criminal history, or entry without inspection can complicate the process significantly.

Marriage alone does not automatically fix immigration problems, but it can open a legal pathway. USCIS will closely examine whether the marriage is genuine and whether there were any violations that require a waiver. Filing correctly, providing strong evidence, and preparing for the interview are critical. Leaving the U.S. without legal advice could trigger bars that make returning very difficult.

Each adjustment case is fact-specific. While overstays are often forgiven for spouses of U.S. citizens, not all immigration violations are treated the same. Timing, manner of entry, and past applications matter. Before filing, many couples benefit from a legal review to avoid mistakes that could lead to denial or even removal proceedings.