# Overstayed VWP now married to US citizen



## NatNat29 (Apr 3, 2013)

Hi,

I did'nt exactly follow the rules, I've been with my husband for 2.5 years and married for 3 months. I was travelling back and forth the US since the start of our relationship obeying the rules and staying for no longer than the 90 day period.

On my last trip my intentions were to stay for the 90 days and return but we found out my husbands father became very sick so I stayed to support him, we then decided to get married.

So i had overstayed by 5 months then got married and i've been here for a further 3 months.

I want to apply for citizenship but I don't know if this is possible now.

Any advice is appreciated.

Thank you


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## twostep (Apr 3, 2008)

USCIS - Adjustment of Status

Adjustment of Status should be your next step to get you "in status".


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## NatNat29 (Apr 3, 2013)

Adjustment of Status should be your next step to get you "in status".[/quote]

Thank you twostep but I read that if you come in on a vwp and overstayed you can't do an adjustment of status


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## Crawford (Jan 23, 2011)

You don't go for citizenship first, you apply for adjustment of status.

The way you have stayed in the US is not the recommended way and, from your posting it looks as though you have overstayed by 8 months or more.

If you left the US at this stage you would probably incur a ban of 3 years of re-entering the US.

So, yes, you need to apply for adjustment of status - get all your documents together, have proof that you did not intend to marry and remain in the US when you last arrived and hope for the best.


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## NatNat29 (Apr 3, 2013)

Thank you Crawford

GULP


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