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My wife came to USA on a I-129 we married and we have not been able to apply for adjustment of status. Is she illegal here now?

Boise, ID |

If so why when we are legally married here in USA for the past four years?

Attorney Answers 5


  1. It sounds like its still possible to apply for an adjustment of status. You should speak to an immigration attorney to go over your specific details.

    Legal disclaimer: For specific advice on your case, Mr. Minawi can be reached at 1-866-929-0991 ext. 206 or by email-fadi@visaplace.com.This answer does not establish an attorney client relationship. www.visaplace.com


  2. She is not legal here and I cannot really answer your question until I know why you could not apply for adjustment of status.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. She was legal for the duration of her I-94. If you did get married within first 90 days, she can still file for adjustment of status.


  4. Your wife is out of status. However, if you submit her adjustment application now, her unlawful status will be overlooked because she is an immediate relative of a U.S. citizen.


  5. Consider filing your Petition for her AOS on merits and with all bona fides via a good counsel to complete this matter successfully, provided there are no triggering exclusion factors.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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