Based on the facts you present you appear to be eligible for adjustment of status based upon your marriage to a U.S. citizen. However, since your status as a visa waiver overstay does no entitle you to removal proceedings you should be careful when filing applications for immigration benefits with USCIS as filing incorrectly can lead to your deportation without a hearing.
I suggest you consult with an experienced immigration attorney prior to taking any action with USCIS so he or she can review the facts of your case, advise you what to expect, and how best to proceed.
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Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Skype: jeffrey.a.devore
email:
[email protected]
web: www.devorelawgroup.com