If your girlfriend is a US citizen ...yes, there will be problems .. .but, with a good lawyer you should be able to work things out.
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If you overstayed your visa you can likely still apply for adjustment of status if your girlfriend is a U.S. citizen. You will still need to interview and prove the validity of your marriage, but if your marriage is in good faith, there shouldn't be an issue.
www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.
Have an attorney prepare your case and go with you guys to the interview. IF you entered the country legally, you should be able to get your green card. But there are different pitfalls, and to avoid them, hire an attorney.
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If you have ample documentation of your shared life together, and you are legally able to get married (for example, she isn't still married to someone else), and you can talk credibly about the details of your relationship, and your wife to be has not disqualifying crimes, then there should be no problem with the I-130.
If your only issue is the visa overstay, then your I-485 should not be a problem. Other issues might include criminal matters, prior admissions and overstays, lying about your immigration status for a variety of purposes, health issues, financial issues, and other immigration matters (like prior removal orders or encounters with immigration officals).
For a detailed assessment of your chances, I agree, schedule at least a consultaton with an immigration attorney.
You said you "overstayed" your visa, so that means that you came into the US legally, correct?
If your girlfriend is a US Citizen; if you still have proof of your legal entry and depending on the visa you entered with, you may be eligible to adjust status in the US.
I would recommend that you consult with an attorney to determine if you are eligible to adjust and to file the case for you. Either mysyelf or one of my colleagues.
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