More details to this question:
I entered the US on a non-immigrant visa and overstayed by almost 3 yrs now. I'm presently married to my US citizen husband who wants to petition me. We have been married for 5months now. Thanks in advance.
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You should file for the green card based upon marriage to a USC. Your overstay is irrelevant except that you will want to wait until you have your green card before you leave the U.S.
Answered on Feb 13th, 2013 at 6:45 PM