Hello everyone,
Just wanted to provide an update after our in-person consult with the attorney this afternoon. I will make it quick as it's been a long day. The attorney was honest with us, and she was very sympathetic to the situation. Her intent at entry is virtually impossible to prove, so it is not a big deal. What will be problematic is explaining why she overstayed over a year and cancelled the return ticket. She did admit, yes, many people have done the same thing. Her age also factors into the decision. She is a young woman who was not gainfully employed back home when she decided to travel. The fact, she worked in a consulate processing passports and visas doesn't help her cause either. They will ask her how she supported herself during her time in the USA. Obviously, they know she had to have some sort of job to support herself. Many people in this forum have mentioned this overstay marriage situation frequently happens. The attorney did admit yes it happens, but the majority of the couples knew each other before the overstay occurred. I searched around online today and could not really find any similar cases. She said we can try for the Adjustment Of Status, but it will be a difficult, uphill battle. The attorney said my wife's circumstances could make her a deer in the headlights at an interview, The answers to some USCIS questions will force her to lie or tell the truth, which will hurt her case anyway. She asked us to give her a few days as she wanted to search through some cases to try to find a situation similar to ours. My wife is ready to pack it up and move to Germany together. I think she is so scared right now that she just wants out of the United States. I will update in a few days when we hear back from the attorney.