Immediate relatives of U.S. citizens, including spouses, are often eligible to adjust status in the U.S., even if they have overstayed a visa. Being an immediate relative generally waives the penalties for unlawful presence. It is crucial, however, to maintain honesty and disclose your overstay on all applications. Filing through Form I-485 while your spouse petitions for you is usually the standard path.

Although overstaying a visa usually triggers bars for reentry, spouses of U.S. citizens are often exempt from these restrictions when adjusting status inside the U.S. Proper documentation of your marriage, lawful entry, and continued eligibility is critical. Consulting an immigration attorney before filing ensures the application is complete and reduces the risk of processing delays or Requests for Evidence related to your overstay.