I am an American citizen who lived in Russia teaching English in 2002 and 2003. In 2005 married my Russian girlfriend in Costa Rica where we lived until late 2008.

In 2007 she received a 2 year tourist visa to visit my family in the US; we visited on several holidays.

Received a six month I-94 approval in Miami airport and end of stay was Jun 18, 2009. I am ready to send the I-130 form but have been delayed because wife insisted that she could do the adjustment of status all at once.

However, I could not send in the Affidavit of Support because I had several late tax returns that have recently been finished.

My understanding is that I should/can just send the i-130 in indicating we plan to file an adjustment of status and also indicating that she is currently out of status.

finally, she is 5 months pregnant and we are worried that about deportation.

I need a sanity check on how to proceed.

thanx,
dratster