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iverigma

I just got my citizenship, my wife has overstayed her tourist visa and we are filing for Adjustment of Status

By iverigma in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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iverigma   0

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Filed: Country: Taiwan
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Here is what has happened:

2002/8 I received my green card and came to US.

2005/4 She came to US in the tourist visa and started living with me, I was still only a permanent resident

2005/7 She went back to her own country to avoid overstay

2005/9 She came to US again in the tourist visa.

2005/11 We got married

2008/2 A week ago I finally got my citizenship. But she has already overstayed (her stay expired at 2007/8). So now we are filing for i485, i130...,etc. to adjust her status. Now my question is:

I became pretty nervous when I see the warning like "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad" and a lot of people on this forum are saying the same thing. But I think our case is a little different: when we married I was NOT a US citizen and there was 2+ years away from my eventual citizenship. Therefore for her to stay in US, there was no advantage whatsoever of marrying a LPR like me. Is it a valid argument if the interviewer questions her?

Thanks.

 
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