Posted by: Riten December 13, 2010
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Here's my suggestion. Not being a lawyer (nor a wannabe lawyer as Kalopani mentioned), please verify with someone who really knows what he is talking about.
How about this:
- You start your GC process.
- Put her name as your spouse although you two are not married yet.
- Continue the application process as a married couple.
- When the time comes for interview ( I understand this is one of the steps towards the end of the GC process), have her go to Nepal and get a new passport. I don't think any record is kept on when one leaves the country. So she could very well have returned to Nepal before she became out-of-status (I hate the word illegal, she did no illegal stuff so she ain't illegal). Since now she has a new passport, there is no Nepali Immigration's re-entry stamp either.
- Acquire a marriage certificate that is retroactively dated (as listed in your GC application).
- Go to the interview together as a couple.
- Come back to the USofA as a brand new husband and wife.