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

Asked about 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

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