Immigration Issues/out of status Spouse


If you overstayed your visa and you marry someone who is on H1B and about to file for adjustment of status and will file with you will you become legal and eligible for a greencard? Will this affect my husband process to obtain his green card?

It will not affect your husbands gc process but you would be ineligible to file for a gc because one must be in valid status to do so.  If only out of status for a short while an exception to the rule exists but I suggest you contact an immigration lawyer to have him review your facts.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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