I just spoke to a lawyer and he said that I can file for adjust of status for my wife by myself and I should have no problems when doing so becuase on the I-94 the immigration officer did not put "no AOS" (adjustment of status) she ONLY put "NO COS (change of status) and "NO EOS (extension of status).

what I want to know is

do I need to get an immigrant visa #??? WHAT IS THIS???


this is what I see that I need...

[B]*Form I-485 Application to Register Permanent Residence or Adjust Status


Please review Supplement A to Form I-485 to see if additional fee requirements apply to you.


*Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)


*Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)


*Two color photos taken within 30 days (Please see INS Form I-485 for more instructions on photos.)


*Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)


*Form I-765 Authorization for Employment (if seeking employment while case is processed).


*Evidence of inspection, admission or parole into the United States (INS Form I-94, Arrival Departure Record). [/B]

need more details, Are U a USC? How long you wife has permission to stay. You are gorget I-130 to be filled too. which will take aprox more then 5 months depends upon where you are filling. She had No extension and if she will over stay the period granted then she will be bar for adjustment which will be 3/10 years.
you should file I-130 and if that will not approve within the time frame the period granted by the INS then send her Back and then apply for K/V visa depends upon your status.

[QUOTE]need more details, Are U a USC? How long you wife has permission to stay. You are gorget I-130 to be filled too. which will take aprox more then 5 months depends upon where you are filling. She had No extension and if she will over stay the period granted then she will be bar for adjustment which will be 3/10 years.
you should file I-130 and if that will not approve within the time frame the period granted by the INS then send her Back and then apply for K/V visa depends upon your status[/QUOTE]

YES I am a born USC. my wfe had permission to stay for only 2 weeks and the INS officer put she could not get an extension or change of status. However the lawyer said we could file for adjustment ofstatus since we are legally married now. She has only been in the US for 2 months and I was under the understanding that if she stays for more than 180p days (6 months) then she is up to the 3/10 yr ban. That is why I need to file this asap. I thought I can file the I-485 to adjust her status and thats it?

Yes. Even you file for adjustment of STATUS . she will be out of status. and will trigger a bar 3-10. which makes thing more difficult in the future. lawyer said just to take the case and put you in on going process.
best thing is to file for adjustment and let her leave in Time. then with the I-130 filed ,applied for K/v visa in the consulate. she will right back here for two year. in this case you are not offending any INS law.