My spouse's visa waiver (I-94) expired in 2005. Can I still do an adjustment status?

Asked over 1 year ago - Savannah, GA

My spouse came to the US on a visa waiver in 2005, which has long since expired. Can I still do an adjustment status (I-864) for my spouse at this point, or is it too late? We were married in the US in 2004 while my spouse was in the US for a visit. I was under the impression that I could file a I-130 at the same time as the adjustment status (I-485), while my spouse was still residing in the US.

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . In most cities yes, but in others your spouse may be placed in removal proceedings. Consult with a local immigration attorney.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Tracie Lynn Klinke


    Contributor Level 13


    Lawyers agree

    Answered . Yes, he can file for adjustment of status, even with the expired visa waiver I-94. However, there are some risks involved if the case is not approved - for example, there is no right to see a judge and fight removal proceedings. You should talk with an attorney to make sure he is otherwise eligible for filing the I-130 and I-485 and to talk about all of your options.

    This general advice does not create an attorney-client relationship.
  3. Karen-Lee Pollak

    Contributor Level 19


    Lawyers agree

    Answered . Yes you can apply for your wife's adjustment even though she overstayed

One or more answers have been taken down.

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 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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