HELP QUESTION ON D/S AND F-1 STUDENT VISA AND WAIVER

[canadaturk1967 0]

Hello everyone,

I am a USC who will be sponsoring my spouse and most likely will be doing the paperwork myself for Consular Processing thru Montreal, Canada. I have filled everything out now I am looking to future forms and have a question on the D-230 form??? #40H regarding the 10-year bar. My spouse entered the US on F-1 student visa in 1989 and due to circumstances did not attend school. Her I-194 indicates D/S (duration of stay). She filed for asylum in 2001, we met in 2003 and have been in Canada since 2005. Fast forward DOMA is now gone so I can finally sponsor her. I have spoken to a few lawyers and all say there is no bar as it indicated D/S unless---USCIS or an immigration judge determined there was unlawful presence. We did make a trip to US in 2011 and had no issues. I have ordered her FOIA and nothing was noted, I have had my congressional rep look into it and they said nothing..Now this form D-230 form. What is the answer to that question Yes or No? There is no where to explain and I keep getting conflicting answers some lawyers say a waiver is needed and others say no it is not, very frustrating. I have not started the process yet simply have completed most forms, gathered the documentary evidence but this form will eventually be needed to be filled out. Anyone fall into this problem, have been thru the process and have any answers?? Thanks to everyone