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Immigration Issues/wy wifes overstay issues

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Question
Hi, im active duty military and met my wife (japanese national) in Japan while stationed there.  We married 2 weeks before i recieved orders to leave in a court house in her home town.  I moved to new mexico and started on her i-130.  It has gone through the USCIS and is almost done with the NVC.   She moved with me a few months after and she came on the Visa Waivier Program.  Unfortunately, the process has taken longer than expected and we came to the point that she couldnt stay here any longer.  We decided to send a form i-597 (not exactly sure) to extend her status 1 month before she was supposed to leave.  It stayed with the USCIS for 2 months and therefore left her in the overstay status.  It came back today denied and now im not sure what to do.  She is less than 180 days overstayed but cannot possibly stay in japan due to her family disowning her because im american.   Is there any easy way to fix this? And if not what should i do next?

Answer
Hi,

Although she cannot extend her nonimmigrant status since she entered on a visa waiver, she can adjust status in the U.S. and receive a green card based on marriage to a U.S. citizen and legal entry into the U.S. (even though her I-94 has expired).

Form I-485 http://www.uscis.gov/files/form/i-485.pdf should be filed along with I-130 receipt notice. I recommend calling 1-800-375-5283 and requesting the forms that are normally filed for spousal sponsorship. She will be able to adjust her status in the U.S. without having to depart the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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