Waiver question

[solution32 0]

Hi! I’m an us citizen bringing my wife and my 1 year old toddler to USA. Form I130 was approved and also the affidavit of support. Now I’m working on her DS-260 but she overstayed in the US after her visa expired. She got pregnant and stayed for 7 years and then she went back to Mexico. I understand once she left US the 10 year bar starts. She has been living in Mexico for 5 years now. We got married on 2020. At what point do we need to request the waiver? Do we need to wait til she gets her interview in ciudad Juárez or we can start applying for the waiver now. Thank you so much for your support. You guys helped me before with the whole process 

[Boiler 45,443]

There are 2 children?

 

Anyway when she goes to the interview she will be denied for illegal presence and be given to file the I 601 waiver package.

 

You know she will need a waiver so that can be prepped in advance.

 

Any other issues?

[solution32 0]

Thank you so much. I have one more issue. She lost her old passport and I 94. My wife has had a tourist visa since she was 5 years old because she has lived  in Mexicali she used to cross the border pretty much everyday to buy groceries and to visit her grandma who lives in Calexico Ca. What does she needs to do ? 

[Boiler 45,443]

Get a new passport.

[solution32 0]

She got a new one last year. The point is

how to proof she came legally if she doesn’t have her old passport neither her I94. I-94 was on paper back then 

[Boiler 45,443]

Why would they think someone who had a visa would not have used it?

[solution32 0]

My wife had a tourist visa til 2011. She overstayed for 7 years. She had her son here but she decided to go back to Mexico on 2018 . she lost her passport and I94. She already got a new passport and her I130 form and affidavit of support were  already approved. My question is if immigration is going to ask her for any documents to proof she came in legally. 

[appleblossom 2,437]

3 hours ago, solution32 said:

My wife had a tourist visa til 2011. She overstayed for 7 years. She had her son here but she decided to go back to Mexico on 2018 . she lost her passport and I94. She already got a new passport and her I130 form and affidavit of support were  already approved. My question is if immigration is going to ask her for any documents to proof she came in legally. 

My I-94 travel history included my first VWP entry from 1994, so I can’t see them not knowing about a visa from the 2000’s. 
 

Has she checked her own online to see what it says? https://i94.cbp.dhs.gov/I94/#/home

Edited July 19, 2023 by appleblossom

[solution32 0]

My wife doesn’t know her old passport number so we cat  find the traveling record 

[appleblossom 2,437]

1 hour ago, solution32 said:

My wife doesn’t know her old passport number so we cat  find the traveling record 

 

She didn't keep it? No photo of it or number written down anywhere? 

 

If not then I guess there's no way to look it up, but as above, if they knew about my VWP entry from 30 years ago, I'm sure they'd know about your wife's more recent visa.