Advice needed ASAP

[Gwarming82]

Hello all please help me advising on my problem. My visit visa was ended on Dec 16. But i applied for green card on Nov 6. Is this time ok for my legal stay after Dec 16 while my application is being processed? And unfortunately my wife made a mistake in filling up the form. Then the USCIS sent us this notice as attached below. Please see the attachement. Now USCIS told us to resend the form correctly within 87 days. My question is do i still have legal stay permit with this case pending status within 87 days? I am afraid of being out of status or illegal. Though my wife has applied on Nov 6 before my visit visa ended(Dec 16). And how long it will take to get work permit and social security number? Thanks

[Tim39]

I do not see a problem with you been out of status. As you claim your AOS was file before your visa expired and assumimg you are here on a current visa before expiration your AOS pending status should cover your expended period of out of status till your AOS is approved/denied. Also your overstay I believe will not be an issue. However, When you file AOS your required to file a I-130 due to the fact that you are now married to a U.S citizen. Its is mostly advisable to file for adjustment to file I-130, EAD application and I-131 for advance parole for emergency travel outside the US while your AOS is pending to allow possible reentry into US which sometimes might be at the discretion of the IO at POE.
Submit the requested document I-130 and make sure to use a co-sponsor in case your spouse does not meet the income requirement, which will make it 2 separate I-864 affidavit of sponsorship