Will I be eligible for an adjustment of status?

If you will be married to a US citizen, time is not really an issue as overstayed individuals remain eligible to adjust status. DHS will not try to put you under removal proceedings unless you are a figure of concern to the agency. You are supposed to file both I-566 and I-508 with the I-485, but the failure to file initially will likely not be penalized, and U.S.C.I.S. will usually ask for the missing form(s) in a request for initial evidence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.