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OK, stay with me here, this ones for the gurus! Thx for any help!!!

My wife has been in the states for 10 years, first on a student visa, then most recently on an O-1 Extraordinary Ability/Entertainment visa. She recently applied for AOS & Permanent Residency based on grounds of O-1, but was unfortunately denied. This was 3 months ago. (She was granted an EAD in concurrence with the application though.) Her O-1 visa expires in October 2008. She recently traveled and her latest hand-written I-94 card, is shown to expire in May 08, as per the immigration officer at her point of entry back into the US, despite the expiration noted on her actual O1 Visa.

In August 2008 we were married (very legitimately as we are living together and in love), hence now we are filing I-130 and I-485 packages.

Questions:

1)If she is technically out of status since the latest I-94 is expired, would this be grounds for denial of our petitions?

2)She was given an EAD (Employment Auth Doc) when she applied for her last AOS/Permanent Residency based on O1 grounds, but this EAD expired this week. She is currently employed in a retail position, and needs to keep working during this process so we can make ends meet. Would out of EAD status employment be grounds for denial of our petitions?

3)Her latest EAD has an A# (Alien Registration Number) that is different from a prior EAD she had worked on. Should we use this A# on all of our applications, or leave that space blank because a new A# will be issued??

4)Her current visa approval notice, received May 2005 has an I-94 number on it. Her latest I-94 (the handwritten one from her last U.S. entry) has a different I-94 number. Which one should be used on these applications?

5)Thanks for your help!!! We are trying to do this filing on our own, as we simply cannot afford the $5000 that the attorney wanted to charge us. Or with this many issues would an attorney be necessary? (I think I have a pretty good handle on the documents, but...)

THANKS!!!

 
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