Please help: I-130 after overstaying tourist visa

[immnyc69]

Hi,

I overstayed my tourist visa and married a legal permanent resident (LPR) before my legal stay expired. We filed an I-130, but I recently found out that only spouses of U.S. citizens can adjust status. My spouse will apply for naturalization at the end of this year. I know that I will not be able to file I-485 to adjust my status until my spouse is a U.S. citizen, but does that mean that USCIS will deny my I-130? I am desperate for some help. Will my I-130 be denied because my spouse isn't yet a U.S. citizen? Should we withdraw the I-130 and refile when he becomes a citizen? Thanks.

[RiverZ]

Family relatives of United States citizens and green card holders (permanent residents) are eligible to apply for a U.S. Green Card. The United States citizen or green card holder must being this process by filing Form I-130, Petition for Relative, on behalf of the foreign citizen relative.

[Enub4]

From what I read, the problem is that because your spouse is LPR and you are out of status, you can't AOS.
You can only AOS if married to LPR if you are in the USA legally:

https://www.uscis.gov/family/family-green-card-holders-permanent-residents

I don't have experience in cases like this, I hope someone else can give you better info.