Hi,
My wife is a Canadian citizen and I intend to apply for I-130 for her along with I-485 and all the required documents/evidence. I had not filed my taxes last year (since I did not owe the IRS any money) and as it turns out my wife requires my tax receipt for the I-865. We are now waiting for this receipt after my late filing and it will take 6-8 weeks. In addition, my wife has just discovered that although she thought she could stay in the US as a tourist for 6 months, her limit is actually 3 months because she is a Canadian that entered a US border with just her passport (under visa waiver program). She has been here for 5 months and thus we believe she has overstayed her limit. What should we do at this point? Should she stay here while we wait for my receipt and file (at that point she would have been here for 6 months). Or should she go back to Canada, and return after a week to 'reset' her entry date. Any help with this issue would be greatly appreciated.
Thanks

