It should be OK. What you should really do is try and hire an immigration attorney. You will save yourself a lot of effort, hassle and money in the long run.
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I agree with my colleague. This can be a somewhat confusing process and given your current status (or lack thereof), you may want to have an experienced immigration attorney sit down and meet with you to make sure everything is in order to prevent any future problems or delays. Best of luck.
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You have a lot going on here, your post shows you have a wide array of issues, you should consider hiring a local immigration lawyer asap, it will almost surely improve your chances, good luck.
Go into the USCIS website www.uscis.gov and read about "adjustment of status". Those instructions explain what you need to do and where to file. It is of course best if you get yourselves an immigration lawyer, to assure smooth and efficient, mistake- free filing which will save you a lot of money, time and hardship.
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