New Citizen's Wife overstayed less than 180 days

O

oelg

Registered Users (C)
Greetings,
My wife overstayed less than 180 days while I was waiting for my citizenship. Her I-130 has been already approved last year and we were/are waiting to hear from NVC, I didn't call the NVC yet. We were wondering if we need to do anything special while we fill her I-485 like additional form/s or etc. because of her overstay status. Or we should hire a lawyer to help us with this issue. I did take care of all my forms by myself during the green card and citizenship and know what to do but this overstay stuff is confusing me :)
We appreciate if you could share your experience and thoughts.
Regards,
Elg
 
As far as I can tell you just have to file the additional documents and evidence of bonafide marriage. Her overstay is forgiven because of immediate relative status.
 
Thanks AzBlk,
Since our I-130 has been approved I will just fill the I-485 form for her and send it with the additional docs but don't need to do/fill any other forms cause of her overstay.
 
If my understanding of the rules is correct you are fine to go ahead and file the I485, Just make sure you include a copy of the I130 approval letter, plus other docs required by the I485.
 
oelg said:
Greetings,
My wife overstayed less than 180 days while I was waiting for my citizenship. Her I-130 has been already approved last year and we were/are waiting to hear from NVC, I didn't call the NVC yet. We were wondering if we need to do anything special while we fill her I-485 like additional form/s or etc. because of her overstay status.
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Why are you thinking of calling the NVC if she is inside the US? Is the I-130 for consular processing? Or if she is outside the US, why are you thinking of filing the I-485? What is really going on?
 
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