Your lawyer is wrong if he/she said 245(k) didn't apply to your wife's case ONLY because she had been in f-1 status.
To be honest, your wife's I-20 reinstatement concerns me, in 2004, why didn't she just ask for I-20 extention? Reinstatement means she was out of status at that time, your explanation doesn't add up to me.
I don't have your wife's detailed immigration status history, so there are several scenarios:
1) She had been out of status for more than 180 days. Then forget about I-485, leave U.S. now. I-824 is your only option, but she can't reenter U.S. for 3 years (or maybe 10 years, depends on how long she had been out of status).
2) If you're sure she hadn't been out of status for more than 180 days. Then appeal! The law is on your side, the IO might have made some mistake.
Anyway, good luck!
To be honest, your wife's I-20 reinstatement concerns me, in 2004, why didn't she just ask for I-20 extention? Reinstatement means she was out of status at that time, your explanation doesn't add up to me.
I don't have your wife's detailed immigration status history, so there are several scenarios:
1) She had been out of status for more than 180 days. Then forget about I-485, leave U.S. now. I-824 is your only option, but she can't reenter U.S. for 3 years (or maybe 10 years, depends on how long she had been out of status).
2) If you're sure she hadn't been out of status for more than 180 days. Then appeal! The law is on your side, the IO might have made some mistake.
Anyway, good luck!
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