Waiver?

[mespinosamb 0]

Hello,

I'm the petitioner.

I petitioned for my wife who I married (In Argentina) last year (I'm American) and the petition got approved; currently awaiting NVC case #, etc.

My question is whether or not my wife will need a waiver.

My wife went to the US before getting married with a B2 tourist visa. She was found inadmissible to the US pursuant to 212 a7aii. Form I-275 has checked "Application for Admission Withdrawn" and "Visa/BCC cancelled". In another document it says "subject application for admission was WD and charged with 7A1.

My wife actually admitted to working for 2 months getting paid, which is found in the Record of Sworn Statement. She was not deported or removed to my understanding, also she did not overstay in the past (5 months), which is when we actually met.

In regards to the waivers - I-212 is if she was removed, deported, or overstayed and I-601 is determined at the embassy which in this case would be the US embassy in Argentina(?)

My question:

1. Do you think my wife will need a waiver? If so which one?

Thank you so much!

Edited January 13, 2016 by mespinosamb

[Transborderwife 4,666]

No she doesn't need one

[mespinosamb 0]

Transborderwife, thank you for your prompt response.

I have another question if you don't mind.

When completing the DS-260 Visa Application, when asked:

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Yes or No

I know she didn't overstay but I believe she did violate the terms of the Visa by working, so I should put yes and give an explanation - right?

Will this cause any trouble?

What happens if I put no and later find out it was a yes.

Edited January 13, 2016 by mespinosamb

[Transborderwife 4,666]

I'd say sso

[mespinosamb 0]

I edited the post so I don't think you got a chance to see the questions I added.

If I put "yes" will this be a problem? If it isn't a problem than ignore the next question.

What if I put "no", and they find out I should of put "yes"?

As you can see I don't want her Immigrant visa to get denied. Also, she wasn't removed which is usually the case (from what I've read online) so individuals who work usually get removed and therefore barred. So if I put that she violated the Visa wouldn't they get the impression that she was barred?

Sorry if I created any confusion and thank you so much for your help.

[Transborderwife 4,666]

They would know anyway. Never lie