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smjb

Adjust status after overstaying on O-1 through marriage

By smjb in Adjustment of Status from Work, Student, & Tourist Visas

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smjb Newbie

smjb   0

Posted
Filed: AOS (pnd) Country: Japan
 Timeline
Posted

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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Formula1 Rookie

Formula1   5

Posted
Filed: AOS (pnd) Country: Spain
 Timeline
Posted

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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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

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.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

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

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

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

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

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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