I was married to my wife while she was in the US on an f-1 visa. The issue is that she was slightly over the expiration date when she submitted the LPR application. Since she is a bit out of status, do you foresee any problems with the USCIS when submitting my?
- Form I-485
- Form I-130
- Form G-325A
- Form I-864
- Form G-1145
- Form I-693
You should be able to submit the application. If you need any help with these, you can use SimpleCitizen at apply.simplecitizen.com
If I understand the I-485 instructions correctly you can.
Under the description of who can’t file for adjustment of status it says:
"6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:
A. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);"
I am not an immigration attorney, and my advice should not be taken as legal counsel. But it seems fine.
If you are ever outside of your status or have an expired visa then you should consult with an experienced immigration attorney…IMO
The Form I-485 is definitely the most important form in this situation because this is the Application to Register Permanent Residence. Make sure that you submit the other forms with your application as well.
You should be very careful in this situation. My brother was living in Coyoacán and come here to the US. After overstaying his Visa he had difficulties and returned to Coyoacán.
I think that you may need to file the I-601, Application for Waiver of Grounds of Inadmissibility. I am unsure about what this form is used for exactly. Either way, you should definitely seek out advice from a licensed immigration attorney, lawyer or professional.