status of spouse

[twenty8]

Hello.

So today I officially file but one thing I am not comfortable with is that on my spouse status the clerk told me to put overstayed for my spouse where they ask in the i-485. I know Ray you told me to put pending adjustment. But she told me no

[rayb]

What clerk told you to input "overstayed?" Was that a USCIS clerk or an attorney's clerk?

I think it's bad advice, because it creates an immediate bias in mind of any reviewer.

--Ray B

Hello.

So today I officially file but one thing I am not comfortable with is that on my spouse status the clerk told me to put overstayed for my spouse where they ask in the i-485. I know Ray you told me to put pending adjustment. But she told me no

[twenty8]

It was an attorney clerk and when I asked her she said it better I put overstayed. Does that mean my spouse will have to pay a fine for overstaying ?

[twenty8]

Her tittle is accredited representative

[rayb]

It's bad advice. There is no fine for an overstay if current basis for Adjustment is "U.S. citizen spouse."

It's a fundamental principle of government forms that one does not introduce negative responses that will cause reviewers to take additional, albeit unnecessary, steps.

-Ray B

It was an attorney clerk and when I asked her she said it better I put overstayed. Does that mean my spouse will have to pay a fine for overstaying ?

[rayb]

The title means nothing. How to answer a question on a form, unless "black and white," is a matter of judgment and experience.

While "overstay" is not incorrect, but neither is "B2, pending Adjustment of Status."

All that matters is that you entered with a legal visa which allows conversion.

--Ray B

Her tittle is accredited representative

[twenty8]

Ray u think it will be a problem ? Should I try change

[rayb]

It's probably not a problem either way, but I just don't like the idea of blatantly stating a violation of visa rule on the form, when it is not necessary.

--Ray B

Ray u think it will be a problem ? Should I try change

[twenty8]

Fingers crossed. I just wanna thank you for all your advice. Everyone who has responded to any of my question. BIG THANK YOU TO RAY B