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  • overstay more than 180 days, marriage to US Citizen

    Hi,

    am I able to adjust my status by marrying a US Citizen, even if I have overstayed my Visa for more than 180 days?

    thanks
    Imran

  • #2
    Except for very limited circumstances (if you are a crewman, for example), yes. Overstays are forgiven when married to a US citizen.
    You should not leave the country until your I-485 is actually approved, because leaving while it is pending would trigger the 3-year ban.

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    • #3
      bona fide marriage proof

      thanks for the quick answer.

      I am aware of some of the factors that thet USCIS will examine whether the marriage is real.

      I am planning to marry someone who is from the same religous background, she is about my age, but from a different country. in other words, I will not marry her solely for immigration benefits, that would only be as a consequence. The immigration benefits I would receive, would only be an added benefit to our marriage.

      also, her husband ran away, and can no longer be found, so she is according to my religion considered divorced. I am also aware that the USCIS will ask for evidence of divorce. if her husband can no longer be found, how would we bring an evidence for her divorce?

      plus, what are some of the other factors that I need to prove the USCIS that my marriage is valid?

      thanks
      Imran

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