mmadsen55,

Thanks for your reply.
Who told you that you could not Petition your wife as a Permanant resident, a lawyer or USCIS? If your lawyer, I would suggest you get a second opinion Below is a link to the process and it does indicate that..
Yes, it was a second opinion from the second lawyer. They both suggested the same thing. And I agree, I also checked the link earlier, which is part of my frustration, the USCIS says one thing, while the lawyers say something else. I'm thinking the reason my case is messed up, is because the application talks about the spouse immigrating to the US, while my spouse is already here on an expired visit visa. They could throw the whole case out just because of that, maybe even affect my getting the citizenship, IMO... but I could be wrong, and that's why I'm here.
One thing I would think "might" be an issue is that the "permanant residency" or green card is considered "temporary" for two years, so you may have to wait until it really becomes permanant.
I wish that were the case, I've just finished one year, and another year is not too much of a problem. It's the next 4 years I have a problem with.
Or, the passage states that you can petition relative "to immigrate". There may be a specific problem if the spouse is already here..
I think so too.
There may also be some other circumstances that you may think are not relevant enough to mention here, that could be an issue. For instance, you indicated that you both entered legally, on VISA's, but do not have the documentation. That could be problematic in proving that you entered and may cause the petition through permanant residency more difficult.
Oh no, we do have our passports that show that we had valid visitors' visas upon entry. I just dont have them with me as I'm typing this from work, but we do have them.
I would suggest you study the USCIS web site, specifically the link I gave, and show the passage to the Lawyer and ask what, very specifically, is preventing you from petitioning as a permanant resident.
That's what I was thinking also, I might give him a visit this weekend... even though it's gonna cost me!

Thanks again for the replies.