BrandonLG

Yes, the AOS got approved almost 1 year ago.

Congrats! I hope all goes as well for us as it did for you

The AOS application also gives you the opportunity to apply for Advance Parole/AP for traveling outside US while AOS is pending. I advise you to NOT fall for that and waste your time applying for it, as your spouse has a significant overstay. Don't get me wrong, the AP will probably get approved inside US but if she uses it to go back to Russia for a quick family surprise visit, her entry back in US will probably get denied due to that overstaying issue. I know how hard it is to be away from home for such a long time, but do NOT have her leave US under any circumstances unless she has her Green Card in her hand. I also came here on a J-1 visa, changed status into B-2, overstayed for 3 years after that but after all I had no problem getting my AOS approved.

Sounds like your situation is identical to hers. Did you adjust status based on marriage?

I wish the best of luck to you, but I must say I am a little angry that I must be apart from my wife for such a long time when we follow the rules. We should have just broken the rules I suppose

I'm very sorry for you that you must be away from your wife. I feel very fortunate that the girl I found is in the USA already. I have read of many people here who must wait long months to be with the people they love and I am angry at this system right along with you, my friend. I can completely sympathize with your situation.

Thanks to everyone for the help and advice

I'll ask her if she's gotten any correspondence. She came on a J1 Visa.

She said there's been no correspondence

The overstay should not effect her AOS , unless she has already been placed in proceedings. In other words you need to check to make sure she has not gotten any correspondence from Immigration folks. What type of VISA did she enter on?

I'll ask her if she's gotten any correspondence. She came on a J1 Visa.

J1 and B2 are ok. As Blake said, make sure her J1 didn't have a two-year home residency requirement. If it did then she needs to either fulfill that requirement (go back to her home country for at least two years) or get the requirement waived before she can apply for a green card. The home residency requirement doesn't go away by changing to a different non-immigrant visa category.

I asked her to check on her J1 visa and she said it's marked, "Not subject to 2-year residence requirement" That's a very good thing I assume

But she changed her visa while still in the USA to a travel visa, if that matters.

She came here on a J-1 Visa

The overstay would not affect her AOS. A person who enters legally and overstays is eligible to adjust status to become a permanent resident. As an I-130 beneficiary of a USC spouse, a waiver is not needed for the overstay.

Once the AOS is approved, she becomes a permanent resident, and the overstay becomes irrelevant.

That's great to hear. Thank you and everyone else very much for your help!

Thanks everyone for your replies. We really have no intention for her to leave. I just wanted to know what would happen if we married and then tried to get her legal from within the USA not abroad. Would she be refused on her AOS because of this overstay?

I've been in a relationship with a Russian girl who lives in the USA for some time now. Things are getting serious and so I am beginning to wonder what the process would be if I did decide to marry this girl. Here is our situation:

She has been in the USA for a little under 4 years. She came here legally on a visa, but has overstayed her visa for a few years now and so is here illegally now. Is this a very big problem? A lawyer told me as long as she doesn't leave she can marry and become a citizen without a problem, but to leave now would be a lifetime ban from the USA. I wanted to come here and ask if that's true.

I was reading the guides and I see something about an i-130 and an i-485. Which would apply in our case? Could someone provide a quick summary of what the paperwork process would be?