I am a US citizen and married to my Brazilian born wife. she over stayed her tourist visa 8 years ago we have been married for a year now and she did do some unauthorized work in the past. we are in the process of concurrent filing i-130 1-485 and have been truthful about working and over staying.
Do we need to select YES under the Question 11 page 4 on the i-485
"Are you applying for adjusment based on the immigration and nationality act (ina) section 245(i) ?"
at first we said yes because of the overstaying and un authorized work could be grounds for admissibility , but upon filling up supplement A of i485 I don't understand the wording if she is meets any of the eligibility requirements.
I also saw in the law that because she is married to a US citizen she is somewhat forgiven and maybe we don't need to check yes for INA 245 i and just send in the i485