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niravparghi

out of status while married to USC

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Sort-of.

The US citizen can sponsor the spouse for a GC, and the spouse can file an I-485, even if the spouse is out of status due to an overstay. But the spouse should not leave the country until the I-485 is approved, because doing otherwise may trigger a 3 or 10-year ban.

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No. How long the overstay was doesn't matter for this. The only thing that matters is that the person originally entered legally, i.e., if the person sneaked over the border, it doesn't work.

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