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I just got my citizenship, my wife has overstayed her tourist visa and we are filing for Adjustment of Status

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Filed: Country: Taiwan

Here is what has happened:

2002/8 I received my green card and came to US.

2005/4 She came to US in the tourist visa and started living with me, I was still only a permanent resident

2005/7 She went back to her own country to avoid overstay

2005/9 She came to US again in the tourist visa.

2005/11 We got married

2008/2 A week ago I finally got my citizenship. But she has already overstayed (her stay expired at 2007/8). So now we are filing for i485, i130...,etc. to adjust her status. Now my question is:

I became pretty nervous when I see the warning like "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad" and a lot of people on this forum are saying the same thing. But I think our case is a little different: when we married I was NOT a US citizen and there was 2+ years away from my eventual citizenship. Therefore for her to stay in US, there was no advantage whatsoever of marrying a LPR like me. Is it a valid argument if the interviewer questions her?


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