Since my wife came to the U.S on a non-immigrant K3 marriage visa, she could not change her status in the United States because the first husband divorced her claiming he was having extreme personal problems and could not handle the stress of the marriage. Therefore, since she was divorced on the previous marriage visa, she was considered out of status. Immigration regulations state that a status violation does not constitute a person to be unlawfully present in the United States unless an Immigration judge issues an order or the Immigration Agency, USCIS, finds an error while adjudicating a case. In our situation, an Immigration Judge never issued an order, and the USCIS never found an error while adjudicating our new marriage petition because we were issued an approved I-130 marriage petition. See the large approved I-130 petition at the top of my blog.