Q: Can I file adjustment of status form I-485 after my visa waiver deadline date?
I am a canadian citizen on a waiver free 6 month visa now legally married to a US citizen and seeking to adjustment my status to a marriage based green card. My 6 month deadline expires soon, is it possible to file form I-485 after my deadline since I am now married to a US citizen? I was planning to file it a week after my visa deadline.
A: Yes, you may adjust your status by filing the I-485. Your spouse would file the I-130 Petition. Because you made a legal entry into the U.S., you are eligible to adjust your status. This is true notwithstanding the fact that you file a week after your visa expires. However, there are risks involved in being out of status. You should get in touch with an experienced immigration status as soon as possible. Good luck!
Agnes Jury agrees with this answer
A: I agree with my colleague's answer and would add that you should do a consultation with an immigration attorney before your authorized stay (6 month deadline) expires so you make your decision before you are out of status. Best wishes!
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