As she is going to be adjusting her status on the basis of marriage to a U.S. citizen, being out of status -- assuming no other issues -- is not going to bar her from eligibility. Have an attorney review your case to spot any PCI or other possible issues. The article below may be useful.
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Congratulations on your marriage. If your wife entered the USA lawfully, she should be permitted to adjust, even if she falls out of status. Talk to an immigration attorney to go over your specific situation. Best wishes.
(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.
This is not a problem in most USCIS offices. You may want to consult with an experienced immigration attorney in San Jose. Please see
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.