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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?

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Attorney answers 5


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 answer does not establish an attorney client relationship.


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; email:; 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.


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.


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.


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.

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