CR-1 for Spouse of US Citizen that over stayed.

[Hypnos 6,576]

This is flat out wrong. One does not accrue unlawul presence by just being "out of status".

For most nonimmigrant statuses this is how it works, but it seems you are right about F-1, as they do not begin to accrue unlawful presence until either an immigration judge or USCIS themselves makes such a determination.

Again, this is mostly a moot point for the reasons I mentioned above. Assuming the person in question is not subject to the HRR then they are fine to file for AoS, and that is the most important point yet to be addressed by the OP.

[Harpa Timsah 13,258]

Overstay is irrelevant/forgiven for spouses of USCS who adjust in country. Unfortunately because you called it the "CR-1" process you got a lot of wrong answers from people unfamiliar with this sort of adjustment.

So, the overstay is not an issue. She will adjust in the US and not leave until she has her GC.

A 2-year Home Residency Requirement was mentioned. She needs to make sure she isn't subject to it before adjusting.

Since she is a friend of a friend of a friend, I am not sure that all this third and fourth hand information would actually get to her. Remind her she is welcome to make her own account. Best of luck to you.

Edited May 24, 2013 by Harpa Timsah

[Harpa Timsah 13,258]

An overstay of 3 years is really serious and I think there's a good chance she's going to get deported and banned from the country for a number of years.

This is almost exactly the same question you're asking being answered by a lawyer (VWP though, I don't know where his wife was from originally and what visa she entered on, so it still may be bad info):

The ban is only triggered upon exit, so if she doesn't exit, she will not have a ban. Overstay is irrelevant/forgiven for spouses who adjust in-country.

Also, the youtube link you shared is old information. And when it was valid, it only applied to the Visa Waiver Program, not a real visa (the OP had a J-1). Now adjustment after overstay from the VWP is treated just like any other overstay from a visa adjustment. It doesn't make a difference.