An I-601 is the form used to apply for a waiver of a ground of inadmissibility. You do not say what inadmissibility the consulate is applying to her case. You need to consult with an attorney about waivers, including possibly a fraud waiver. Good luck!
I-601 waivers are for issues of inadmissibility. What problems has she had with immigration? You need to speak with an immigration attorney about the specific facts and circumstances of your case in order to render a the best possible strategy in your case. Good luck.
Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at email@example.com. All initial constulations are free.
The answer to your question depends upon what type of visa your wife was applying for. Assuming that she was applying for an immigrant visa, the fact that a consular officer may have requested she submit an I-601 because of a previous fiancé visa is indicative of the fact that the consular officer believes that she previously attempted to (or did) obtain an immigration benefit by fraud. This would render her inadmissible.
How best to handle a matter such as this will be very fact specific. Consult with an experienced immigration attorney who can review the facts of the case and advise you how best to proceed.
While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.
You need to retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.