I have overstayed a U.S.
visa. I would like to know what will be my immigration status if I get
married to an American citizen? and what are the procedures and Forms
required for me to get the US Permanent Residency?
While most people in your case are not eligible to adjust status in
United States, and must apply for their visa through
consular processing in their home country, your marriage to a U.S.
citizen basically cancels out the issue, and you can apply to adjust
status no matter how long you were out of status.
In fact, you will be getting benefits by doing so, because if
you chose to apply through consular processing, and your
period of unlawful presence in the U.S. was 180 days or more, you would
be subject to the time bars on your return.
If you used a visa to come to the U.S. with the existing intention to
apply for a marriage-based green card, you have committed visa fraud,
and may be denied the green card on that basis. It is far better if you
were not yet married when you entered the U.S. and only met your spouse
or decided to get married later.
If you marry to a U.S. citizen, you will be immediately eligible to
receive a temporary Green Card, not subject to waiting quotas. It may
take several months for the paper work to be processed. You will also
receive the employment authorization (EAD) after filing Form
I-485 Adjustment of Status. Your first step is to file Form I-130. You
can also file Form I-485 with Form I-130 simultaneously.