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

Asked over 1 year ago - 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. Anna Tsibel Moreas

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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... more
  2. Irene Vaisman

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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. Cassandra Ann Rodriguez

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . 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.... more

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