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.

 

[spiderman03]

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.

Entering legally and marrying a US citizen doesn't automatically give legal status during the entire stay in US. Status needs to be maintained by applying for eligible status with USCIS. Approaching a lawyer is the best way to do it before filing I-130. There could be remedies in a situation like this.