Conclusion. If your relative is an immediate relative (spouse, unmarried minor child, or parent of a U.S. citizen) who is currently in the United States with a visa overstay, you can generally file Form I-130 as long it is filed concurrently with Form I-485, Application to Adjust Status.

What happens if you overstay your visa and get married?

U.S. immigration law provides that if an alien was inspected but overstayed their visa, their subsequent marriage to a United States citizen will “clean up” the overstay. That is, the spouse of a U.S. citizen can still adjust to lawful permanent resident status despite having overstayed.

Does overstaying affect spouse visa application UK?

There are many different specifications within this rule, and in some cases minor overstaying will not have an overruling impact on a spouse visa application. The popularity of the spouse visa means that the Home Office will very carefully check your application and will be looking very closely to find any faults.