Help! Want to File I130 & I485 for Wife with expired I94

[mcmahon 0]

I have been researching this and have seen so many different answers on the web it is making my head spin and not sure what to do.

My wife came to the United States back in June 2009 from Colombia. She came on a Visitor B2 Visa. I met her about 2 months after she arrived and when it got close to her departure date, I tried hard to extend her stay by filing forms with USCIS but they came back denied. Her departure date was early December, 2009. Probably not the smartest thing to do, but I begged her to stay. We have been together since and were married in July 2011, she gave birth to my son in March of 2012. Because of finances back then, We were not able to file for her Residency.

Now we have the finances and was going to file the I130, I485, I765, and I864 concurrently. But while reading through the instructions for the I485, under Who May File Form I485, statement 10 lists who is not eligible to adjust ther status. Under option D it says "Your authorized stay expired before you filed this application". Then on option F sounds like if an immediate relative is a U.S. Citizen, Which I am, then option D does not apply.

I have been to an attorney and they said wait till some immigration law is passed in the next couple weeks, but the only thing I seen was the waiver that came out on 03/04/2013.

Please if anyone has had a similar case, I would appreciate hearing what the outcome was. Thank you for your help.

McMahon09

[Harpa Timsah 13,258]

Your case is very straightforward. Overstay is irrelevant/forgiven for spouses of USCs who adjust in country. Your wife entered legally so there is no need to wait for any new law or anything (those new laws apply to people who entered illegally). Fire the attorney who told you otherwise; their advice is categorically wrong.

All you need to do is to file the paperwork. The overstay will not even be an issue. She can't travel until she gets her GC. Good luck.

Edited March 8, 2013 by Harpa Timsah

[mcmahon 0]

Thank you very much!!!!!! Going to get this done finally. Thanks again.