I think USCIS made a mistake on your wife's case

Section 245(k)

This section of law allows an intending immigrant to apply for adjustment of status under section 245(a) without payment of a fine if (1) they qualify under certain employment-based categories, and (2) have not out-of-status for an aggregate peeriod of 180 days.

At the above-referenced meeting, the INS agreed that the 180 days applies only to days after the alien's last admission to the U.S.

Example: If an alien is admitted to the U.S. in legal status after being in the U.S. in illegal status for less than 180 days, he may, if he qualifies for permanent residence through one of the qualifying employment-based categories, and if he has not been out-of-status for 180 days or more since his last admission, adjust status in the U.S. under section 245(k).

Also, if the principal is eligible for adjustment of status under section 245(k), the spouse and minor, unmarried children may adjust status under section 245(k) even if they have been out-of- status for over 180 days.

所有跟帖： 

• 回複：I think USCIS made a mistake on your wife's case -gcemerg- ♂ (489 bytes) () 02/27/2008 postreply 10:54:45

• read it again, it says what u suggested -win963852741- ♂ (169 bytes) () 02/27/2008 postreply 10:59:03

• 回複：read it again, it says what u suggested -gcemerg- ♂ (402 bytes) () 02/27/2008 postreply 11:07:08

• agree -win963852741- ♂ (0 bytes) () 02/27/2008 postreply 11:12:33

• 回複：回複：read it again, it says what u suggested -isman- ♂ (103 bytes) () 02/27/2008 postreply 11:31:50

• have u talk to a lawyer yet? -win963852741- ♂ (54 bytes) () 02/27/2008 postreply 11:46:44

• 我的律師說245（k)不適用於我太太這種情況， 因為她曾是F-1 status -isman- ♂ (0 bytes) () 02/27/2008 postreply 12:16:59

• 回複：我的律師說245（k)不適用於我太太這種情況， 因為她曾是F-1 status -gcemerg- ♂ (861 bytes) () 02/27/2008 postreply 12:47:51

• 回複：我覺得有點危險。 -紅葉- ♀ (545 bytes) () 02/27/2008 postreply 14:26:58

• here is the link for 245k -win963852741- ♂ (87 bytes) () 02/27/2008 postreply 11:03:26