And how old are your kids?
my wife has a green card since 2008 and she applied for naturalization but she were denied because she overstayed out of US more than 1 year ... about my kids they are 3 years and 1 year old.
OK, so she disrupted the continuity of her residence. That sucks. When did she come back after that long departure?
they told her that she can apply in August 2014 ... and till that time I will be trying to work legally there for living...
Have you ever been the victim of a crime in the U.S.?
Never... and I have not overstayed during my visit
You are probably going to have to wait, but it shouldn't be three years. Let's lay out a possible timeline:
In August, 2014, your wife will file for naturalization. At the same time, she could file the I-130, asking to have you classified as the spouse of an LPR.
The naturalization, and the I-130, should take about 5 months to process. So let's say both are approved in January, 2015.
At that point, the I-130 will be reclassified as an Immediate Relative petition, and you'll file your application for a green card. Now, the green card itself will take about 5-6 months to process. But, while you are waiting you can apply for a work permit. That should take about 2 months to process, sometimes 3. So, if you file as soon as your wife becomes a citizen, which we think could be in January, 2015, then you should have your work permit in about March or April, 2015. In other words, in about 2 years, rather than 3.
Still a long wait, I know.
Are you still in valid nonimmigrant status? Do you have the education/experience to change to an employment-based nonimmigant category?
Yea my B1/B2 visa is valid until 2016... and I have a bachelor decree and 5-year experience..
Right, but what date is on your I-94? When do you have to leave?
I already left and I am planning to go back again soon
Has your wife already filed the I-130 for you?
No not yet, should she? If yes, is it gonna effect my visa?
Yes, when you apply for admission on that visa, immigration officials will have reason to believe that you're actually planning on coming as an immigrant--as evidenced by the I-130--rather than as a nonimmigrant.
With your wife nearly able to naturalize, it probably doesn't make sense to have her file the I-130 now. It would be a dlifferent calculation if she still had 5 years to go. In that case, you would be able to come quicker as the spouse of an LPR, and you'd want to start that process.