Posted by: jayaaa April 20, 2025
US citizen Petitioning my wife who was out of status when she was in H1B. What to do ?
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Hi, I m a US citizen. we got stuck in a few questions. If you could help us out , it would be great.

1. We re applying for both I130 and I485. Can we submit both on the same day ? We noticed that we can't submit I485 online. We have to mail it to USCIS.
2. Since she was out of status since 2009 till 2015 (lost status during 2008 recession) , will it impact the decision.?
3. In I485 form, Part 9. Question No 76. asks :
" Since April 1, 1997, have you been unlowfully present in the US ? You were unlawfully present in the United State if you were present in the US after the expiration of the period of stay authorized by the DHS Secretary or were present in the US without being admitted or paroled. "
Do we say "YES" ?

Thank you for your help.

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