Adjustment of status

[Sarub 0]

I came here as B2 visa September 2016. When I am here i apply for change of status from b2 to f1 on December 2016. I got RFE on may 2017 that I didn't extend my visa. After that I took a lawyer and apply RFE to extend my visa and I got approved. After 15 days I got denial letter on my COS because I didn't maintain my visa status. I was so worried and ask to my lawyer and she told me to appeal for my cases and we do that. In those moment I got married with my girlfriend who is permanent residance over here. Now I am trying file I-130 and I-485 but my lawyer told me only to file I-130 which makes me more confused. So in this situation what I can do because my appeal case is still pending and my i94 is already expired and I can't go back to my home country by leaving my wife. Please some one help me in this situation .

[aleful 1,905]

you can't adjust status, since the process of spouse of a resident takes 2 years

 

you should leave, you will have your interview in your country, so if you stay you will need to file a waiver

 

unless you can get an F1 student visa and study those years, and then in 2 years you could adjust status, but not now

 

you are at you own risk

 

 

[Sarub 0]

I am still confused.how can i file waiver. My wife have green card and I don't have any visa right now but my COS appeal case is still pending? Can you please explain me?