What happens if you overstay your visa and get married?

Jennifer Paulino, New York managing attorney | Marble Law

New York & immigration managing attorney at Marble Law

Published June 12, 2025 · 3 min read

Key Takeaways

Visa overstay happens when you stay past the I-94 date or visa expiration: Even a short overstay can affect your immigration options.
A 3- or 10-year bar may apply based on how long you overstayed: Leaving the U.S. after overstaying could trigger these penalties.
Marriage to a U.S. citizen can allow you to adjust your status: You may still be eligible for a green card even after overstaying.
An immigration lawyer can guide you through complex cases: Professional help is key for avoiding mistakes and protecting your rights.

What is visa overstay?

Visa overstay happens when you remain in the U.S. beyond the authorized period of stay. This can occur in two main ways:

You stay beyond the date shown on your I-94 arrival/departure record.
You remain in the U.S. after your visa has expired.

Even a short overstay is a violation of immigration law and could affect your ability to adjust your status or return to the U.S. in the future.

Potential consequences of overstaying the visa and getting married

Marrying a U.S. citizen doesn’t automatically erase a visa overstay, but it can offer a possible path to adjust your immigration status—especially if you're inside the U.S. However, the outcome depends on how long you overstayed and other personal circumstances.

Overstay less than 180 days

If you’ve overstayed for fewer than 180 days, you may still adjust your status without triggering a reentry bar. You’re not barred from applying for a green card inside the U.S., and you usually won’t need a waiver.

Overstay more than 180 days

If you’ve been in the U.S. unlawfully for 180–365 days and leave, you may face a 3-year bar from reentering.
If the overstay is over 365 days, leaving the U.S. triggers a 10-year bar.
If you're still in the U.S. and married to a citizen, you may be eligible to stay and apply for adjustment of status—but it’s critical to avoid leaving the country before speaking with a lawyer.

Get the right lawyer for your immigration journey

Schedule a free 15-min call with our team today

Get started

Steps to take if you overstay your visa and marry a U.S. citizen

If you’ve overstayed and are married to a U.S. citizen, here’s how you can move forward with applying for a green card:

Consider meeting with an immigration lawyer: A lawyer can review your overstay details and help you avoid triggering bars or denials.
File marriage certificate: Make sure your marriage is legally recognized in the U.S. and that you have a certified copy of your marriage certificate.
Submit adjustment status application: You’ll file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.
Provide required legal documentation: Gather proof of your legal entry, marriage, financial support (Form I-864 Affidavit of Support), medical exam (Form I-693), and other required forms.
Attend an immigration status interview: A USCIS officer will interview you and your spouse to confirm your marriage is real and your application is complete.

Why you may want to consider a lawyer if you overstayed and got married

Overstaying your visa and then marrying a U.S. citizen can be a tricky legal situation. While marriage may open a path to a green card, you still need to prove your eligibility, avoid triggering reentry bars, and submit flawless paperwork. An immigration lawyer with Marble can help you evaluate your situation, explain your options, and protect your rights during the adjustment process. Whether you need a waiver, extra documentation, or interview support, having a lawyer on your side may increase your chances of approval—without unnecessary delays or mistakes.