I'm a US citizen and i recently married a Dutch citizen who is here on a visa waiver. We married before his visa waiver expired and I called uscis to find out what steps to take and was informed that we could apply for adjustment of status at any time. I contacted an attorney who tells me that I can no longer apply because his visa waiver expired 10 days ago and he must go back. Others tell me I should apply anyway but not in San Diego county. I'm now scared and confused. Can I apply for an AOS even if my husbands visa waiver expired 10 days ago?