245(k)

[sav0704]

My wife had entered on H4 a week before my I-485 was approved on Aug 11. We are in the process of applying for her I-485 given that 245(k) should provide relief from few days (< 180) of overstay. I haven't received the card yet.

I would appreciate if someone with a similar experience can give their thoughts on:

1. Should we mention in the cover letter that we are invoking 245(k) and include the relevant memo? Or, leave that up to adjudicator to figure that out since the memo is written that way. I am worrying the latter may trigger an RFE if adjudicator is not aware of 245(k).

2. Part 1 of I-485 asks for "Current USCIS Staus". Should it be "H-4" or we mention overstay in there e.g., "Overstay of H-4"? Though, I don't feel comfortable volunteering to mention overstay in the form and risk throwing some adjudicator off in the wrong direction right from the beginning. At the same, I also want to make sure that not mentioning overstay will not be construed as lying.

[Belle]

1. I would not do it. Your wife has not violated her status herself, so it is unlikely the USCIS will have questions.

2. She has not overstayed. Overstayed means I-94 expired. Her status is H4. She is technically out of status.