Does spouse of greencard with pending I824 under EU visa waiver program need B1/B2?

[majestic98]

Hi,

I hold Indian citizenship and very recently received my greencard. I had filed for the I824 for my wife and after all the processes/interviews, we expect her to receive her GC in 3 months (as per the lawyer). In the meantime, my wife (European passport) wishes to travel to the US for a week with the full intention of returning back since she needs to complete her MBA in 5 months.

My lawyer advised her to get a B1/B2 visa since there is a potential for "fraud" if she uses the EU visa waiver progam. However, when she called the US consulate there, they said the visa waiver program would be fine since she will be coming back within 6 months. I'm really confused as to who is correct. I dont forsee a problem when she travels on the Visa Waiver program now, however, the lawyer said once she gets the GC (or during), they might cause issues at port of entry.

I really need another opinion

Please advise.

Thank You.

[JoeF]

There is a big risk that she would get denied entry.