Married to U.S. Citizen but Visa Waiver Expired
I'm a US citizen and i recently married a Dutch citizen who is here on a visa waiver. We married before his visa waiver expired and I called uscis to find out what steps to take and was informed that we could apply for adjustment of status at any time. I contacted an attorney who tells me that I can no longer apply because his visa waiver expired 10 days ago and he must go back. Others tell me I should apply anyway but not in San Diego county. I'm now scared and confused. Can I apply for an AOS even if my husbands visa waiver expired 10 days ago?
Re: Married to U.S. Citizen but Visa Waiver Expired
You need to speak with an immigration attorney.
The "old rules" used to be that if you overstayed the VWP and then married a US citizen you could adjust status easily as long as it was a bona fide marriage.
However in recent times (apparently), marrying a USC no longer forgives the overstay so easily. You need an attorney who is familiar with RECENT immigration law.