I94 not found.. a CBP officer called back

[SCC2018 1]

2 hours ago, little immigrant said:

Not really. 

 

I filed for my husband who had overstayed for 5 years and we received our GC 2 days ago.

Congrats on the GC!! What status while your husband overstayed?

[EM_Vandaveer 2,368]

9 hours ago, SCC2018 said:

Congrats on the GC!! What status while your husband overstayed?

The point of overstaying is that there is NO status. The person is out of status...

[eckoin 211]

1 hour ago, EM_Vandaveer said:

The point of overstaying is that there is NO status. The person is out of status...

They were just asking what the original status was, that was then overstayed. 

[EM_Vandaveer 2,368]

40 minutes ago, eckoin said:

They were just asking what the original status was, that was then overstayed. 

They didn't say "what status did your husband overstay", they said "What status while your husband overstayed?".

You may be right, they may have worded it the wrong way.

[little immigrant 800]

14 hours ago, SCC2018 said:

Congrats on the GC!! What status while your husband overstayed?

Hi he came on a B1/B2 visa and overstayed. NOT recommended but it is what happened and since he had a legal entry we were able to adjust status...

[bebkay 15]

On 1/11/2019 at 10:51 PM, SCC2018 said:

 

I entered her name so many different ways but It just won’t come up. Could have been a typo or something....she does have the stamp and I’m also sending in the screen shot of the page which says “ no record found”.. hopefully it will bypass.

 

if you don’t mind me asking what status were you holding during the 5 years of overstay?

No status, just overstayed visa 

Edited January 13, 2019 by bebkay

[ineedadisplayname 442]

On 1/9/2019 at 10:34 AM, EM_Vandaveer said:

Yes, really. You only need proof of legal entry in whatever form you have it. It doesn't have to be specifically the I-94. I AOSed from VWP, wasn't issued an I-94 (AFAIK) and used the copy of the admission stamp in my passport as proof of legal entry.

I think everyone has an I-94 issued. At least a couple of years ago when I was using VWP I was able to retrieve it.

 

[EM_Vandaveer 2,368]

11 hours ago, ineedadisplayname said:

I think everyone has an I-94 issued. At least a couple of years ago when I was using VWP I was able to retrieve it.

 

Makes no difference. The passport stamp is proof of legal entry. All they need is proof of entry, they don't need the I-94 specifically.

[SCC2018 1]

Question, i485 form, part 8, 

 

17. Have you EVER violated the terms or conditions of your non immigrant status? Y or N.

 

22. Have you EVER been granted voluntary departure by an immigrantipn officer or an immigration judge but failed to depart within the allotted time? Y or N.

 

She’s overstayed... Do I answer “yes”. What should I do?

 

thank you 

 

Edited January 14, 2019 by SCC2018