Question About I-485 Suppliment A Penalty $ 1000 !!!

[Atique.Rahman]

I have a question, Please share your knowledge on this members.
This is about a close friend of mine who is an US citizen but got married to a girl who came to US legally &
the girl is a Canadian resident alien who came to US as a visiter but fall in love with my friend & got married
& never left US. Now it's almost 8 years had passed & my friend & that girl has two kids them are both US
born kids. Now after all this time my friend decided to apply for his wife form I-130 ( Relative Petition) along
with I-485 & I-765. My friend's wife had only issue here is over stay ( never commit no crime not
even worked a single day, didn't break no laws since she got in US ).
So members what do you think due to the overstay do you think my friend needs to apply for the I-485
Suppliment- A form or the regular I-485 for status adjustment along with other associated forms like I-130,
I-765?
As far I know since her entry to US was legal & she's married to an US citizen her adjustments as a PR
should be not complicated. Please share your knowledge on this & I sure appreciate that.
Atique.

 

[assylum]

As far I know since her entry to US was legal & she's married to an US citizen her adjustments as a PR
should be not complicated. Please share your knowledge on this & I sure appreciate that.
Atique.

Yes, you are correct. Her adjustments as a PR should be not complicated. She should not leave the US until her I-485 gets approved. If she leaves the US while her I-485 is pending, then she will be subject to 212.a.9.b and she will have to submit form I-601 (waiver of indadmissibility).

Once again, she should not leave the US until her I-485 gets approved. Leaving the US with an approved I-131 while I-485 is pending will put her under category 212.a.9.b

She will be affected by 212.a.9.b if her overstay in the US is over 180 days and leaves the US before her I-485 gets approved.

 

[Atique.Rahman]

Yes, you are correct. Her adjustments as a PR should be not complicated. She should not leave the US until her I-485 gets approved. If she leaves the US while her I-485 is pending, then she will be subject to 212.a.9.b and she will have to submit form I-601 (waiver of indadmissibility).

Once again, she should not leave the US until her I-485 gets approved. Leaving the US with an approved I-131 while I-485 is pending will put her under category 212.a.9.b

She will be affected by 212.a.9.b if her overstay in the US is over 180 days and leaves the US before her I-485 gets approved.

Thanks assylum. Sure appreciate it.