Question about I-485

[mroctober430 0]

My wife and I were married last year after being together for 4 years. Her status is a DACA recipient and here on a work permit. She entered the USA legally with a visitor visa back in 1996 as a child from Mexico, left in 1999 but came back the same year with the same visa. Lawful entry via Port of Entry. Her visa however expired in 2001. So she overstayed. She was able to go to school and a university and thanks to the Bush and Obama administration for helping child alien arrivals which led to being able to receive a work authorization permit.

 

Now that we are married I want her obviously to be a permanent resident. So we are starting process. The I-130 is simple, got the documentation we needed etc. But when it comes down to file for her Adjustment of Status, it becomes quiet confusing.

 

Because I can file online, should she wait to send her I-485 after I receive notice from USCIS?

Also would she have any problems due to her overstay? 

They ask for the I-94 which she has but it's obviously expired from 2001, should we still submit it?

 

I know with being with DACA and having work permit doesn't guarantee anything but just trying to find the right path without getting barred. 

 

Thanks for any information.

[Boiler 45,541]

Are you sure it was a visitor visa? That timeline does not make sense, visitors are not admitted for that long.

[Just Paul 4,595]

A visitor visa allows for a maximum stay of 6 months. 

22 minutes ago, mroctober430 said:

She entered the USA legally with a visitor visa back in 1996 as a child from Mexico, left in 1999 but came back the same year with the same visa.

Her visa would have been cancelled due to the overstay in 1996.  It would he hard to re enter on that visa in 1999.

Edited January 27, 2020 by Paul & Mary

[mroctober430 0]

46 minutes ago, Boiler said:

Are you sure it was a visitor visa? That timeline does not make sense, visitors are not admitted for that long.

Sorry I double checked, she had a Border Crossing Card from 1996-2001. 

44 minutes ago, Paul & Mary said:

A visitor visa allows for a maximum stay of 6 months. 

Her visa would have been cancelled due to the overstay in 1996.  It would he hard to re enter on that visa in 1999.

Sorry I double checked, she had a Border Crossing Card and Visa from 1996-2001. Her B-2 visa was granted for one year in 99-00. 

[Boiler 45,541]

BCC only allows you to stay 30 days.

[Just Paul 4,595]

24 minutes ago, Boiler said:

BCC only allows you to stay 30 days.

The problem with the BCC at a land POE is that unless you purposely go "check-out", USCIS has no documentation of the holder (ever) leaving.  It has been on the honor system.  So guess that happens?  No records.

 

There is newer technology deployed leaving the US but it has poor accuracy so the issue is the same.

 

BCC holders can also pay to get a paper I-94 and it can extend the time to 6 months and allows for travel outside the border zone.

Edited January 27, 2020 by Paul & Mary

[mroctober430 0]

20 hours ago, Boiler said:

BCC only allows you to stay 30 days.

Makes things weirder.

 

19 hours ago, Paul & Mary said:

The problem with the BCC at a land POE is that unless you purposely go "check-out", USCIS has no documentation of the holder (ever) leaving.  It has been on the honor system.  So guess that happens?  No records.

 

There is newer technology deployed leaving the US but it has poor accuracy so the issue is the same.

 

BCC holders can also pay to get a paper I-94 and it can extend the time to 6 months and allows for travel outside the border zone.

Yeah like I said she had a BCC but was given a B-2 (I-92) for multiple reentries for 6 months. Her BCC was valid for 5 years. 

 

All in all, it was a lawfully entry. Just an overstay.