This is complicated. More information is needed to decide whether she should pursue consular processing or adjustment of status based upon 245(k). This is not the type of question that may be easily answered on Avvo. Sometimes, decisions require good counseling and discretion. Discretion may be the amount of time that the attorney takes to carefully evaluate.
I strongly recommend an appointment with a competent and experienced immigration attorney, who has the time to evaluate your wife's options.
She may have an attorney try to argue that she is eligible based upon 245(k), but it is unclear whether consular processing may prove less of a risk, even if it may seem more stressful. If she was engaged in unlawful employment while the change of status is pending, then consular processing may prove unwise.
This is general information, not legal advice, and does not create an attorney client relationship.
I agree with my colleague. Please retain an attorney to review her case.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
I agree with my colleagues.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.