Christopher, I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
You have two choices:
1) She can file an I-539 extension of status request before her current stay expires. She would still be considered legal in the U.S. as long as the I-539 is pending even after her current stay expires. This is considered to be a stay authorized by the Attorney General while the I-539 is pending. So she would still be covered after June 28, as long as you file the I-539 now.
2) The better option is to just file the following forms for her so she can stay and get Residency: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship
, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.
In about 3 to 5 months after filing, she should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later she should get a Residency status (green card
So I am clear about this, once those forms for option 2 are filed, she is also in a stay authorized by the Attorney General. You do not even have to file an extension of stay (I-539). And in fact, the difference between option 1 and 2 is that with option 1 she MUST file the I-539 before June 28th. With option 2, it doesn't matter when it is filed as long as it is filed. I have represented persons that were in the U.S. as overstays
for more than 15 years and as soon as those forms in option 2 were filed, they became "legal" again.
So really option 2 is the way to go.
In a few minutes, I will send you an offer of additional service. Check your email for that and follow the directions before leaving a positive rating. Since these are my favorite cases to do, I have a good deal of experience with them and enjoy them. I am more than happy to discuss the case in private over the phone or email for a small additional fee and we can go from there. If you want to decline it, no problem, you can ask additional questions without any additional charge. But if you do decline it, please remember to leave a positive rating for me. Use those smiley faces. Since I am not given a salary, it is the only way that I am compensated by the website. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge.