Help!!!!

[Leahnna Pierre]

My wife who initially entered the U.S on a K-1 visa but did not marry the fiance. She later married me a USC who petitioned for her and we applied for the 601A waiver. The waiver was approved. She went for her interview this morning in Cape Verde and the consular officer denied the visa based on 212(a)(9)(b) stating that she is subject to the 3/10 year bar.

Shouldn't the 601a have addressed the issue of unlawful presence? Did we miss something?

[newacct]

My wife who initially entered the U.S on a K-1 visa but did not marry the fiance. She later married me a USC who petitioned for her and we applied for the 601A waiver. The waiver was approved. She went for her interview this morning in Cape Verde and the consular officer denied the visa based on 212(a)(9)(b) stating that she is subject to the 3/10 year bar.

Shouldn't the 601a have addressed the issue of unlawful presence?

Yes. If she had any other bans, then the provisional waiver wouldn't be valid. But if she just had the 9B ban, that's exactly what the provisional waiver is for. It's true she has the ban, but they should then waive it based on the provisional waiver. Did she mention it to them?