why would you even try for a waiver if you could apply for AP leave and enter and be ok to Adjust your status? waivers are a pain in the A. Im married to a USC and was gonna have to go through consular processing, so i know how hard it was gonna be to get that waiver approved, even if it was here in the states. however i was lucky and found out i qualified for 245i at the last minute lol. see it doesn't matter that she was EWI because what matters is the last time she entered which would be with inspection aka legally, so if it is true that she was able to leave and come back then people who are married to USC don't need to go through the consular process