got married out of status, need a Waiver to adjust?

[Nita8 0]

Hi -

If someone entered on a non-immigrant work visa and now is out of status, visa expired in 2005, if they marry a U.S. citizen, will they just adjust status or do they also need a Waiver as well ?

Thank you,

Nita

[Otto 83]

This would be the Guide you'd need to follow.

[Nita8 0]

This would be the Guide you'd need to follow.

Hello - Yes, I saw that but it states near bottom:

" ** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended."

And I wasn't sure whether a 601 waiver is required. I think adjusting through marriage to U.S. citizen takes care of out of status problem correct? No need for a waiver right?

[KarenCee 3]

Have you consulted with a competent immigration attorney? Might not be a bad idea you know...just in case.

[vip1 8]

Yes, you are correct. As long as you came in with an inspection, the overstay will be forgiven when you marry a USC.

[htslogistics-john 1]

yup vip1 is correct you don't need waiver.