Marriage with the J1 Visa

Okay, so my wife enter the USA in July with a J1 visa not subject to the 2 year foreign residency requirement. (thank god) We met, got married, and are now filling out the the I130, I485 etc ourselves. My question starts now, her visa expired 09/30/2013. Her I94 says its expiration is D/S. I know you can base an I485 as an overstay off the I130 since the I130 changes you status to a family member. so what I am wondering is, should we should put overstay on the I 485 or J1 and write d/s as the expiration?

Thank you all so much. For you help! the process is nerve racking and quite stressful :wallbang:, any help is much appreciated. :D

We met initially this summer, after she came to the states, and we did fall in love and get married. It is true. I just need a better answer than a stab at my relationship and such.

Then apply for her adjustment of status and convince immigration it was love at first site. If she is out of status you need to anser the questions honestly.

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Quoting mcdonough.shawn.p

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We met initially this summer, after she came to the states, and we did fall in love and get married. It is true. I just need a better answer than a stab at my relationship and such.

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Once one's in the US, the visa does not matter. Visas are only valid to request admission to the United States.

If your wife is still in good standing with J1 status, it doesn't count as an overstay because J1 status is valid so long as the conditions for such still exist.

If you are present in the U.S. on a J1 visa and your DS-2019 has expired you have overstayed, but if your I-94 is D/S then you're not accruing unlawful presence.