a bit confused

[tpnl]

I was just going through the instructions for form I-485 and it says that you are not eligible for AOS if your authorized stay expired before you filed the application. But then it also says that you can file if you failed to maintain your status as long as you are an immediate relative of an USC.

What i am trying to figure out is that do you have to be married before you fall out of status in order to file for AOS, or can you do it even if you get married after you are out of status?

 

[cherr1980]

What it means is that if you are an immediate relative of a US citizen (spouse, parent and minor children) then you can adjust status even if you are out of status (before or after your marriage doesn't matter).
If you are married to a US citizen you can adjust your status regardless if you overstay or if you work illegaly, etc. The only things that are not excuse is if you enter without inspection, if you were a K1 visa and married another person, and other that right now I don't remember.

 

[foxytone]

in addition to the immediate relative thing as posted above, the us citizen must be your petioner. That is what a lawyer told me. Please confirm for your self. In my situation my father filed for me but he is a permanent resident only so I am ineligible to adjust status so I asked the lawyer if I was to get married to a US citizen if that will change my eligibilty she said no that the person who pertioned for me is the one who would have had to be a us citizen in order for me to be eligible to adjust status. Only in certain cases though (except siblings filing for siblings and sons and daughters (over the age of 21)).