renster15

Thanks guys for all the comments, makes me feel better.

I just had one last question, do I file the Form I-601, Application for Waiver of Ground of Inadmissibility because she has been here over 180 days on her b1/b2 visa? I think not, but i just wanted to confirm before i send the package out.

Ok let me explain a little further, her intent was never to stay here when she entered on her B1/B2. She was working full time in Dubai when she came to visit me in 2009, she stated that at the POE. She was here to celebrate her birthday with family and was planning to stay for 2-3 months. They even asked her what about work and she told them she would work remotely, which she was allowed to do. While she was here, she got laid off and we have all the documentation to show that, and thats when we thought there was no point in her going back and she just rather stay with me. She never lied at the POE.

Also, she has been coming to the US since 2001, she was an international student here (F1) for her bachelors and went back when she graduated. She kept on coming back after graduation to meet me, and I going to Dubai but in 2007 we decided to get married.

She was looking into school's for the whole of 2010 and thats why i didn't do her AOS in 2010 and now we want to buy a house and everything so i don't want my wife to be illegal. I asked an immigration lawyer and they said i shouldn't have any problem if she has stayed more than 60 days since her last entry. At this moment i don't have a choice but to file for AOS, since she has been out of status for more than 6 months.

I am not much worried about the overstay, i am worried about the fact that she entered on a B1/B2. I was reading a few blogs where it said that if they enter on tourist visa, and apply for green card it gets denied.

Hi,

I am a US citizen, and I got married in 2007 to my wife here in Oakland, at that time she entered the US on a B1/B2 visa. She continued to travel to her home country to the UAE till 2009 on her B1/B2 never overstaying (she was working in Dubai at the time and wasn't sure if we wanted to live here or there). She entered again on her B1 visa in 2009, and overstayed till now and i wanted to apply for her Adjustment or Status and Green Card. Do you think she will have alot of problem? I don't have any choice but to apply at the moment but i don't want them to deport her.

Please Help!