Jointly applying for green card.

[Cindy123]

Hi guys,

If my spouse has overstayed and the new visa she is applying is still pending (might be denied at the time of adjustment status filing or might be going through reapplication), can we still apply for green cards together as a married couple? Would that means she is not eligible and makes the whole application unlikely to be approved?

[newacct]

Hi guys,

If my spouse has overstayed and the new visa she is applying is still pending (might be denied at the time of adjustment status filing or might be going through reapplication), can we still apply for green cards together as a married couple? Would that means she is not eligible and makes the whole application unlikely to be approved?

Since you're posting in the employment-based green card forum, I'm assuming you are in an employment-based category? If so, one can still do AOS as long as one has less than 180 days of being out of status or unauthorized employment since the most recent entry. So if has been less than 180 days since your spouse's status ended before you file AOS, there should be no problem.