I hope the lawyer also told her even if she waits for a visa number to become available (which is correct by the way), that it is now taking 4 years from the date the I-130 was filed. once the visa number is XXXXX then she can adjust status, but BIG problem, she cannot do it in the u.s. because she is not in status right now. she is an overstay
and marriage to a u.s. citizen is the only way for her to adjust status in the u.s. as an overstay. her overstay is forgiven if her husband is a u.s. citizen. She will have to wait 3 more years to 2012 so he can get his citizenship
. Once he gets is citizenship then she can file the I485, if she does it and he is not a u.s. citizen it will be denied and she will be put in removal proceedings. I cannot believe the attorney did not tell her this. you cannot adjust status in the u.s. being out of status and married to a permanent resident, you would have to leave to get a green card
and then you would face a 10 year bar to re-entering the u.s. as punishment for being out of status for more than one year. So again, do not file I485 until the husband is a u.s. citizen and then all is forgiven and she gets her green card. I hope this helps clarify.
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