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YES…possibly. If your entry was lawful.Spouses of U.S. citizens do have special immigration privileges. They benefit from certain provisions in the law that are favorable in cases where the intending immigrant has overstayed a visa. But it’s important to get a picture of the entire landscape.Generally, a foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. But a provision in the law exempts the immediate relatives of U.S. citizens from the visa overstay. The spouse of a U.S. citizen is considered an immediate relative.By itself, marriage after a visa overstay does not solve the immigration problem. It can put the immigrant in a position to return to a lawful immigration status. As the spouse of a U.S. citizen, the immigrant can generally become a permanent resident (green card holder).It is necessary for the spouse to have a lawful entry to the United States to be eligible for adjustment of status. Entering the U.S. with a valid visa counts as a lawful entry, even if that visa has since expired. However, someone who has entered without inspection (snuck across a border) is generally not eligible. In some cases, persons with DACA status have been able to travel abroad using advance parole and make a lawful entry upon return. Even if the DACA recipient’s original entry to the U.S. wasn’t lawful, entering through a port of entry with advance parole qualifies as a lawful entry. So not anyone can adjust status – the spouse of the U.S. must have a lawful entry to adjust status.But spouses of U.S. citizens that are presently inside the United States through lawful entry may be eligible to adjust status to permanent resident (green card holder). By filing the Form I-485, Application to Adjust Status, and other required forms concurrently with the Form I-130 petition, couples give U.S. Citizenship and Immigration Services (USCIS) everything necessary to process the case and make a decision as soon as possible. The typical adjustment of status packet includes:Form I-130, Petition for Alien RelativeForm I-130A, Biographic InformationForm I-485, Application to Register Permanent Residence or Adjust StatusForm I-864, Affidavit of SupportForm I-693, Report of Medical Examination and Vaccination RecordUSCIS vigilantly reviews cases for any type of immigration fraud. Remember that virtually every U.S. nonimmigrant visa is temporary in nature and has a specific purpose. When you begin doing things outside the scope of that visa, there is the potential for violating the terms of the visa and even being accused of fraud. There are two types of fraud typically associated with obtaining a green card through marriage.Misrepresenting the reasons for requiring a particular type visa of visa is a form of visa fraud. So if you visit the U.S. on a tourist visa (B-1) with the secret intention of getting married, you will have committed visa fraud. Your “intent” is the central focus here. A tourist visa is specifically for people who intend to stay temporarily and then return home. Someone who plans to marry and then remain in the United States is violating the terms of the visa. Visa fraud can result in losing the right to obtain a marriage-based green card.Marriage fraud is when at least one of the parties of a marriage entered into the marriage for the purpose of circumventing immigration laws to falsely acquire immigration benefits. In other words, getting married for the primary purpose of obtaining a green card is a clear case of fraud. Marriage fraud results in steep penalties, including jail time and fines. What’s more, it will most likely eliminate the possibility of getting approved on a future green card application. There is a burden of proof on the couple to prove that the marriage is bona fide. So don’t think that you can easily trick the system.Doing the change in status without legal help is a bad idea. If the marriage is rejected by USCIS, the overstayer will probably be deported and a ban ranging from 3 years to life would be imposed.

There are different types of VISAs US Congress has created for people who want to visit, travel, work, and school:United States Citizenship Immigration Services: Click on this US immigration Services lonk:HomeSkip to main contentUSCIS Response to Coronavirus 2019 (COVID-19)Official Website of the Department of Homeland Security Here's how you knowEspañolMenuOct. 6: TPS and 245a Adjustment of Status PM UpdateLearn about the tools and resources available to become a U.S. citizen.Apply online and start your journey today.Apply for CitizenshipCelebrate Citizenship, Celebrate AmericaFile OnlineFiling a form online is easier and faster than paper filing. It gives you a simple and personalized way to track your case online. You can also access other USCIS services.The first step is to create an account.Manage Your CaseUse our online tools and resources to manage your case:Check your case statusCheck processing timesChange your address onlineMost Accessed FormsI-130, Petition for Alien RelativeI-765, Application for Employment AuthorizationI-485, Application to Register Permanent Residence or Adjust StatusI-90, Application to Replace Permanent Resident CardN-400, Application for NaturalizationView all formsLearn About Green CardsGet information on eligibility requirements, how to apply, and whether your family members can also apply with you.Learn MoreLearn About CitizenshipThe Citizenship Resource Center has information about the important rights and responsibilities of U.S. citizenship, the naturalization process, and how to prepare for the test.Learn MoreWorking in the U.S.Many people want to come to the United States to work. Get information on the different application requirements and work options.Learn MoreTools and ResourcesWe have many resources to help you achieve your goals. Use our self-service tools to learn about eligibility, our filing fees, and to study for and take the English and civics practice test.Learn MoreResearchImmigration and Citizenship DataElectronic Reading RoomUSCIS Freedom of Information Act (FOIA)Laws and PolicyHistorical LibraryVerifyE-VerifyI-9 CentralmyE-VerifySAVEFooter menuTopicsVerificationPoliciesGovernmentContact Us