Crazy Cat

Your accountant is wrong. Ask him/her to show you the IRS directive which says you can file as single if married. You could have filed as Married Filing Separately on paper or by following the IRS Publication 501 below. Some tax software will allow e_filing if you enter "NRA" in the area below the filing status box. However, this is an IRS issue rather than an immigration issue. You are neither the first nor the last to file incorrectly. You can amend your taxes later. 2024 Publication 501 "Select this filing status by checking the “Married filing separately” box on the Filing Sta tus line near the top of Form 1040 or 1040-SR. Enter your spouse's full name in the entry space at the bottom of the Filing Status section and enter your spouse's SSN or ITIN in the space for spouse's SSN on Form 1040 or 1040-SR. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the entry space below the filing status checkboxes. For electronic filing, enter the spouse's name or “NRA” if the spouse doesn't have an SSN or ITIN in the entry space below the filing status checkboxes. Use the Married filing separately column of the Tax Table, or Section C of the Tax Computation Worksheet, to figure your tax"

Approval rate for I-131 Travel Document for last quarter of FY 2024 was about 90%. quarterly_all_forms_fy2024_q4.xlsx

Source or link?

From date of issue. Form I-131, Instructions for Application for Travel Document, Parole Documents, and Arrival Departure Records "Generally, a Reentry Permit issued to a lawful permanent resident is valid for 2 years from the date of issuance."

I recommend filing for citizenship as soon as you are qualified to do so. Our I-751 had been pending for 40 months when my wife submitted her N-400. 4 months later both the I-751 and N-400 were approved. Then a few weeks later, she became a citizen.

***Moved to Direct Consular Filing****

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Those confer absolutely no immigration consent or rights.

I am certainly not making accusations, but it is not uncommon for "friends" to help a person play the system in order to get a Green Card. Under the current situation, it may or may not be the case.

Of course she can. She probably knows that the current administration is canceling some TPS and heavily scrutinizing asylum cases. Her only certain path to remaining in the US is through you.

I-485 for adjustment of status....her Green Card paperwork. Her coach has probably informed her that it is the next step.

Maybe she just needs a place to land temporarily until she obtains employment.

So, you are considering reconciling?

How do you feel about her "coming home"?

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***Related topics merged***

Impossible. Her visa has already been used.

When did she enter the US? She can't stay legally after 90 days.

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After I did more research, I agree 100%.

OK. I think you are right. After your comments and a little more research, I believe unlawful presence starts when the I-485 is abandoned. I do not believe it would be retroactive to the I-94 expiration. Thus, the OP filed a proper I-485 prior to expiration of the I-94, and there was no unlawful presence.

It will come out regardless. I would not offer anything which could open up more questions.

I am finding that unlawful presence starts upon denial of an I-485. You are correct that the same could apply when the I-485 was considered abandoned. In the OP's case, there be no ban regardless.

But the Adjustment of Status was abandoned....I assume unlawful presence started after the I-94 expired. If I am wrong, the OP has even less than 5 months overstay.

If you are on their radar, there is a possibility.