immigrationQuestion.com
Posted 10 months ago
My spouse overstayed visa, can I still file?
fati cobham
Answered 10 months ago
You can file a Form I-130 Petition and Form I-485 Adjustment of Status at the same time if your spouse qualifies to stay and adjust inside the U.S.
Arthur Bennett
Answered 10 months ago
If you’re a U.S. citizen not just a green card holder, your spouse may be able to adjust status inside the U.S., even with an overstay
Charles Whitmore
Answered 10 months ago
USCIS allows spouses of U.S. citizens to apply for a green card through adjustment of status even if they overstayed a visa, as long as they entered the U.S. legally e.g., with a tourist, student, or work visa.
Edward Brooks
Answered 10 months ago
If your spouse is inadmissible for other reasons like a criminal record or prior removal, you might need to file a waiver Form I-601 or I-601A.
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