I’ve overstayed my tourist visa by 8 months, but now I’m engaged to a U.S. citizen. Can I still adjust my status?

Question

Henry Claus · Accepted Answer

Yes, if you marry a U.S. citizen, you may still adjust status despite the overstay.

Emma Adelheide · Answer

Overstaying is forgiven for immediate relatives (spouses of citizens) under U.S. law.

Adele Elke · Answer

You must marry before applying and submit Form I-130 and I-485 together.

Elena Maria · Answer

You may face questioning about your visa intent at entry. Also, leaving the U.S. before adjustment could trigger a re-entry bar.

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