please, I need your help

[fargodome]

I was a green card holder. I got married to my wife who had a waiver visa ( ESTA ). I filled a I-130 while I was a permanent resident and the I-130 was approved for consulat processing. Then I become a US citizen. I would like to adjust her status while she is here with me. I am confused about the process. I am trying to fill out the I-485 but I am confused about part I and III. Part I ( current status? and expires on ?) what you I put? ESTA overstay ( we filled I-130 before 90 days ). the ESTA expires on 08-17 ( but she already spent the 90 days.) and for part III (non immigrant visa number ?) please help me
thank you

 

[newacct]

I was a green card holder. I got married to my wife who had a waiver visa ( ESTA ). I filled a I-130 while I was a permanent resident and the I-130 was approved for consulat processing. Then I become a US citizen. I would like to adjust her status while she is here with me. I am confused about the process. I am trying to fill out the I-485 but I am confused about part I and III. Part I ( current status? and expires on ?) what you I put? ESTA overstay ( we filled I-130 before 90 days ). the ESTA expires on 08-17 ( but she already spent the 90 days.) and for part III (non immigrant visa number ?) please help me
thank you

For current status put "VWP (out of status)" or "WT (out of status)" (WT is the technical classification for people on VWP for tourist purposes, which you'll see on her I-94), and for "expires on", put the date on her I-94, which should be 90 days from entry (unless her passport was close to expiring). It doesn't matter when you filed I-130; filing I-130 by itself doesn't mean anything for her ability to stay. When the ESTA expires doesn't matter; the ESTA is only for entry (like a visa is only for entry); it has nothing to do with how long she can stay. For nonimmigrant visa number, put something like "N/A - visa waiver program" because she did not enter on a nonimmigrant visa.

Make sure in the cover letter to state very clearly that you want the category for the I-130 petition to be upgraded from F2A (spouse of permanent resident) to Immediate Relative (spouse of citizen), and attach your Certificate of Naturalization, as only Immediate Relatives can adjust status when out of status or when entered on VWP.