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My I-94 is expired. Can I adjust status based on marriage to a US citizen?

Los Angeles, CA |

My I-94 has been expired for about 3 months. I was on a B-2 visa. Last week, my girlfriend and I got married. Can she file the I-130/I-485 for me even though I am 3 months out of status?

Attorney Answers 3


  1. Overstaying your tourist visa will not on its own render you inadmissible absent other grounds. Make sure you consult an immigration attorney before filing any documents.

    DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or info@i-551.com or consult with your own legal advisor before taking any action based on information appearing here.


  2. If she is a US citizen and you otherwise qualify then yes. It's best to work with an experienced attorney.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Yes as to your specific question. I would want to meet with you and make sure there are not other issues before proceeding forward. Feel free to contact me if you'd like help with the immigration process! Good luck, Cassandra Rodriguez

    This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.

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