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

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


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.

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Alexander Joseph Segal

Alexander Joseph Segal


Good answer.


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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

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