Spouse GC with Expired Visa

[bremo_nec]

My wife visa got expired during Sep 2018 and she is living with me right now with an expired visa. But we applied H4 to B2 change of status (I539) for time being to maintain status and it is pending from last 120 days. I recently started her paperwork for GC.

I am having below questions with my current situation.
a) Does my wife face any issues with her GC application or with her stay (expired H4 and I539 in-process )?
b) Do we have to consider her status as 'over stay' ?
c) In I485 part 1, 23 c (status on form I 94) : do i need to mention H4 or overstay/visa expired?
d) In I485 part 1, 24 (what is your current immigraton status): over stay or I539 in process?

One more unfortunate thing is we lost the receipt of notice for I539. So, even if we mention I539 in process, We cant provide the copy of it. But we do have the WAC number.

Thanks in Advance!!!

[newacct]

My wife visa got expired during Sep 2018 and she is living with me right now with an expired visa. But we applied H4 to B2 change of status (I539) for time being to maintain status and it is pending from last 120 days. I recently started her paperwork for GC.

I am having below questions with my current situation.
a) Does my wife face any issues with her GC application or with her stay (expired H4 and I539 in-process )?
b) Do we have to consider her status as 'over stay' ?
c) In I485 part 1, 23 c (status on form I 94) : do i need to mention H4 or overstay/visa expired?
d) In I485 part 1, 24 (what is your current immigraton status): over stay or I539 in process?

One more unfortunate thing is we lost the receipt of notice for I539. So, even if we mention I539 in process, We cant provide the copy of it. But we do have the WAC number.

Thanks in Advance!!!

She is immigrating based on what? On being your derivative beneficiary? If so, what are you immigrating based on? Is it an employment-based category?

Visas are only for entry. The visa's expiration date just means the last day she can enter the US with it. What matters for her stay in the US is her status as given on her I-94. When did her I-94 expire?