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BW

bonita woolley

Posted 8 months ago

User

My spouse overstayed visa, can I still file?


4 Responses
f

fati cobham

Answered 8 months ago

User

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.


A

Arthur Bennett

Answered 8 months ago

User

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

C

Charles Whitmore

Answered 8 months ago

User

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.

E

Edward Brooks

Answered 8 months ago

User

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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