Yes, any out of status stay would be deemed 'forgiven' for this type of immediate relative petition through a U.S. citizen spouse. It is always best to have an immigration attorney represent you in any and all immigration-related matters.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
That depends on your expired status in the USA.
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If you entered on a J-1 visa that is subject to the "2-year rule," your case becomes a little more complicated. If your spouse is a US citizen, your unauthorized presence will be forgiven. You will need additional forms in order to make your adjustment of status packet complete. I would recommend that you meet with an immigration attorney to discuss specifics.
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.