Will a waiver be required?

[melodey82 0]

I am a US citizen and my wife entered the US on a tourist Visa. She has had that Visa since she was 15 years old. We met 4 years ago while she was on vacation in the US. We fell in love. She was living in Mexico and visited me in Puerto Rico (US territory) and decided to get married. We initiated the AOS but had to leave to Mexico after Hurricane Maria hit the island. She did not have a travel permit, but having no power, no water and no way to communicate,  we decided to stay sometime in Mexico while the situation back home got better. When we tried to come back she was not granted entry. They indicated she is no longer a tourist as she has an immigrant Visa pending. Since then we've lived separately. I had an appointment on January 30 , 2019 for the i-130 and it was approved. I asked if we had to file a waiver and the officer said no because she had never been in the US illegally. She was simply denied entry. I am writing this because I want to make sure a waiver is really not needed. I've read that if people over stay their visas (although her Visa expired on 2020) they could face a 10 year ban. I want no surprises at the Embassy appointment. Anyone had a similar experience that could enlighten me?

[Villanelle 4,122]

Each situation is unique. In your case-  Your wife entered US on valid B visa; while here she married, filed for AOS then left US before it was complete. If she did all that and left the US with in 180 days or less there is no ban, 

[melodey82 0]

21 minutes ago, username_taken said:

Each situation is unique. In your case-  Your wife entered US on valid B visa; while here she married, filed for AOS then left US before it was complete. If she did all that and left the US with in 180 days or less there is no ban, 

How do I know if she needs to file for a waiver? They did not tell me I needed to file one on that interview I had at USCIS.

[pushbrk 12,898]

29 minutes ago, melodey82 said:

How do I know if she needs to file for a waiver? They did not tell me I needed to file one on that interview I had at USCIS.

You don't.  You're confused about a couple things though.  Let me clear those up.  The expiration date of her visa is irrelevant.  It's the expiration of her allowed stay that is relevant.  Once she filed to adjust status, that visa became valid.  Her status changed from visitor to "pending adjustment of status".  She was denied entry because she left without advance parole.  Her previous visa became invalid for US entry, the day she filed to adjust status.

 

Your approved I-130 needs to get to the National Visa Center so you can proceed with the immigrant visa.  Where is the approved I-130 now?

[melodey82 0]

1 hour ago, pushbrk said:

You don't.  You're confused about a couple things though.  Let me clear those up.  The expiration date of her visa is irrelevant.  It's the expiration of her allowed stay that is relevant.  Once she filed to adjust status, that visa became valid.  Her status changed from visitor to "pending adjustment of status".  She was denied entry because she left without advance parole.  Her previous visa became invalid for US entry, the day she filed to adjust status.

 

Your approved I-130 needs to get to the National Visa Center so you can proceed with the immigrant visa.  Where is the approved I-130 now?

Oh ok, thank for clarifying that. I was so unsure about that. I called the NVC and they received the case on 04/18/2019. Waiting for the welcome letter.