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Adjust status after overstaying on O-1 through marriage

#1 smjb



  • Pip

Posted 17 April 2013 - 03:13 PM

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!
  • 0

#2 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.

Posted 17 April 2013 - 03:25 PM

Yes, you can adjust status.
  • 0

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

#3 Espanyol


    Junior Member

  • PipPip

Posted 17 April 2013 - 03:30 PM

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.
  • 0

#4 Inky


    Elder Member

Posted 17 April 2013 - 03:36 PM

Moved from adjustment of status from family based visas to adjustment of status from work student tourist as the OP entered on an O-1 and it is not a family based visa.
  • 0

-------------------------------------------- Posted Image

Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#5 Hypnos


    Does anyone even read these?

Posted 17 April 2013 - 03:56 PM

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, 17 April 2013 - 03:56 PM.

  • 0

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



#6 smjb



  • Pip

Posted 20 April 2013 - 11:28 AM

Thank you so much everyone, this was very helpful and i'm relieved.
  • 0

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