I just got married. My husband is a marine. I came Legally w/ a visa when i was 4 years old but stayed after it expired. Iam now 24 ! Will that make my case more difficult?
If your husband is a U.S. citizen, then you are eligible to apply for residency through him if you can provide proof that you entered the country legally with a visa. Such proof can comprise of your I-94 entry card or the original visa stamp in your passport. Once you have submitted your I-130/I-485 application, I would caution you not to leave the country while your I-485 application for permanent residency is pending. Since you have overstayed illegally for more than 1 year, you would be subject to a 10-year bar from returning to the U.S. if you left before your I-485 application is approved. Although there are very limited waivers for this 10-year bar, most U.S. consulates overseas (consulate in Mexico being an exception) do not adjudicate this type of waiver.
Provided your husband is a citizen and you entered the country legally, the fact that you overstayed should not make a difference to your case if your spouse is sponsoring you.
