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smjb

Adjust status after overstaying on O-1 through marriage

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Hi, my O-1 visa renewal got denied and it expired in October 2012.

I got married to US citizen this month (April 2013). I overstayed on my O-1 about 6 months.

Am I eligible to apply for Adjustment of Status?

I can't find much information for O-1, so if anyone has any information specifically for this visa,

that would be really helpful.

Thank you very much!

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Yes you can. Being married with an US citizen makes your overstay "OK". My advice: don't leave the country at all until you have the Green Card on hand. Your overstay would make your return impossible. Be prepare also for some questioning by the USCIS officer in the AOS interview. They would like to know if you got married just to stay in the US because you did not get the O1 visa. You will need to explain the good faith of your marriage with photos of the marriage, personal questions... Start the process filling I-130.

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Certain visa holders cannot adjust status (J-1 subject to the home residency rule, D crewmember).

An O visa is not on the prohibited list though, so you should be fine to file.

Edited by Hypnos

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