Expired visitor's visa married to a lpr adjusting status in the u.s.

[Centauro]

My wife came to the U.S. on a tourist/visitor (B1/B2) visa 2 ½ years ago, we decided she stayed with me and we get married a few months later. I am a LPR and I will qualify to apply for citizenship in Aug 2017. I filed the I-30 for my wife, and after waiting for over a year she finally got to her priority date, and right after that we submitted the I-485 for her adjustment of status to LPR. We recently, received a letter from the USCIS requesting evidence that shows that she had a legal status at the time when the applications was first submitted or to complete the form I-485A with a $1,000 penalty fee. After reviewing the form I485A, we realized she doesn’t qualify to complete that form, but at the same time her I-94 had also expired when we first applied with the I-130. They gave us 90 days to submit the evidence so we have until July 1, 2017. I have gone over some information that tells me if I was a U.S. we could resolve this issue with no problem, I won’t qualify to apply for citizenship until within 4 months and I probably won’t have a citizenship until at least 4 months after that. I don’t want her case to be denied and probably risking deportation of my wife. What could be a possible solution to this case? Please help me!

 

[FlyingRon]

You need a lawyer. If she was out of status when she applied it's sticky when you are just an LPR.

By the way, you can start your naturalization paperwork 90 days in advance of your eligibility date to shave off some of the time required.