Wife out of Status and we are submitting I-485.Please HELP!!!

[pdx-n-400-filler 0]

HI Everyone!

I just became a US citizen (july 31st)and prior to that,I had already submitted an I-130 form for my wife at thesame time I was submitting my N-400(march 2008). Her visa for entry was J-1(student exchange visitor and not subject to 212(e)). She renewed her stay in the US once,and when she was applying for another extension for 6 months,it was denied...(so its been 6 months over stay now)...We got married after that...

My question is,would this cause a problem?..she has not received any letter for removal proceedings...

We have proof that out marriage in legit - My company health insurance card showing her name,lease agreement,airplane tickets flying to visit each other(but now living together),records of us visiting dentists,..

Is there a way to upgrade her application?..is it recommended to send all of the following below:

* I-485(Application of Adjustment of status to greencard)

*I-765(Employement Authorization)

*I-864 - Affidavit of support

*Copy of my Naturalization certificate

*Copy of receipt of the I-130 application

*Cover letter explaining.

*Copy of her Passport showing US visa(j-1 and not subject to 212(e))

*Copy of her I-94 card

I-485 Evidence:

- Taxes from last year(showing atleast 125% above poverty line(family of 2))

- Company Offer letter for prove of employement

[pdx-n-400-filler 0]

Can someone give me their own expereince or advice on this

[richo 0]

seems like a special case...I havent experience this..but I would suggest look for an immigration lawyer?

Edited August 3, 2008 by richo

[chris39 0]

My wife overstayed and when we were coming back to Texas she was picked up. What they told me was that everything would have been ok, if I had submitted the AOS. We have submitted the paperwork and now waiting. We got a lawyer because of deportation. I would submit AOS ASAP and to be just safe, consult a lawyer. Good Luck.

[pdx-n-400-filler 0]

So did her is she in deportation proceeding?...did she get the EAD yet?...

Thanks for the quick response.

[chris39 0]

So did her is she in deportation proceeding?...did she get the EAD yet?...

Thanks for the quick response.

We are still waiting.

[tanyaru 3]

HI Everyone!

I just became a US citizen (july 31st)and prior to that,I had already submitted an I-130 form for my wife at thesame time I was submitting my N-400(march 2008). Her visa for entry was J-1(student exchange visitor and not subject to 212(e)). She renewed her stay in the US once,and when she was applying for another extension for 6 months,it was denied...(so its been 6 months over stay now)...We got married after that...

My question is,would this cause a problem?..she has not received any letter for removal proceedings...

We have proof that out marriage in legit - My company health insurance card showing her name,lease agreement,airplane tickets flying to visit each other(but now living together),records of us visiting dentists,..

Is there a way to upgrade her application?..is it recommended to send all of the following below:

* I-485(Application of Adjustment of status to greencard)

*I-765(Employement Authorization)

*I-864 - Affidavit of support

*Copy of my Naturalization certificate

*Copy of receipt of the I-130 application

*Cover letter explaining.

*Copy of her Passport showing US visa(j-1 and not subject to 212(e))

*Copy of her I-94 card

I-485 Evidence:

- Taxes from last year(showing atleast 125% above poverty line(family of 2))

- Company Offer letter for prove of employement

Here is what you need to do:

1. Call USCIS asap and upgrade your status on the petition I-130 to US Citizen. Also ask them if they gonna send you receipt notice describing the change made.

2. Submit your wife`s AOS pocket (I-485 and I-864) with a copy of receipt notice from I-130 and copies of your naturalization papers. She can now adjust status while I-130 is pending since you became USC.

[John & Annie 0]

Overstaying is not a reason for denial.

That being said, follow the advice from the post above. It is really good direction.

[xochitl18 0]

file the I130, I765,I485 and I864. my friend overstayed for like a yr or so with a tourist visa then she got married like 1 yr ago to a USC.they filed everything last APRIL and she got her EAD already.AS long as your wife came here in the u.s legally and was inspected and you have proofs of it then i guess it's OK.