Came to US on visitor visa in 2002, overstayed, but now am married to US citizen. Can I adjust status the normal way with 485

Asked over 1 year ago - Charlotte, NC

I arrived in the United States on a visitor visa in 2002. I recently married a US citizen. Can I adjust status? Should I simply file an I-130 and I-485?

Attorney answers (4)

  1. Luis Raul Scott Jr.

    Contributor Level 10


    Lawyers agree

    Answered . Yes and Yes. look at the forms. If you have any doubt that you can do it on your own, get an attorney.

  2. Philip Alan Eichorn

    Contributor Level 19


    Lawyers agree

    Answered . An entrance using a visitor visa is considered and admission which is required to adjust status. As your spouse is a U.S. citizen, you can file both the I-130 and I-485 together as well as all other collateral forms and applications. You should prepare sufficient evidence to support each point of the law to obtain the benefit you're seeking. With any marriage based adjustment case, it is recommended that you retain counsel for the entire process to ensure the case is seen in the light most favorable to you and your spouse and to ensure the USCIS officers comply with the Adjudicator's Field Manual. This has been an issue in the Charlotte CIS office.

  3. Robert Louis Brown

    Contributor Level 20


    Lawyers agree

    Answered . Unless you have some other issue, you may adjust. Review the forms required for the process particularly the I-485. On the I-485 are listed questions if you are unsure of the impact when answering any of the questions or if you are uncomfortable or have any doubt about proceeding on your own contact an immigration attorney to represent you in this process.

    Robert Brown LLC
    2530 Meridian Parkway, Suite 3050
    Durham, NC 27713

  4. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . If you can prove a legal entry to the US, then yes.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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