Do I need a I-601?

Q:I came to the US under the visa waiver program, I overstayed about 10 months because I couldn't afford the fees for the adjustment of status after getting married to a citizen, am I going to need to fill up an I-601 form after applying for the adjustment?

A:You might be able to adjust status without needing an I-601A or consular processing, but it will depend on your local USCIS office's protocol. Some offices view Visa Waiver Program overstays like any other overstay and allow for adjustment of status. Other offices (e.g. San Diego) view the VWP overstay as ineligible to adjust status.Most offices are okay with VWP overstay adjustments, but you'll want to make sure you use an immigration attorney that can say they've handled a VWP overstay adjustment in the Louisville (or wherever you'll process) USCIS office, and it was approved.