I came to the US twice as a J-1 exchange student(not subject to the two year condition rule) and met a wonderful man whom I married in october 2009.The marriage took place before my i-94 expired however I have overstayed for about 3 months now since it took us some time to fill out all of the forms,gather the documents etc.We were told that since he is petitioning for me as an immediate relative I-130 that I am eligible to file form I-485 even though I have overstayed.I would appreciate your feedback.Thank you.
Am I eligible to adgust my status to a lawful resident?Please help.
- Thread starter marte
- Start date
EasyGration
Registered Users (C)
You did not mention wether he is a USC, but sounds like he is, so yes, you can file together. Just don't travel outside the U.S. while waiting for the green card, since you overstayed your visa.
Triple Citizen
Registered Users (C)
As long as less than 6 months of overstay was accrued prior to filing I-485, travel on AP should be fine.