Permanent Resident petioning spouse, do i need waiver?

[mariider 0]

I have been married for 5 years and have 2 children with my husband. I am a PR, and he came into the country 7 yrs ago and overstayed his work visa. I had my appt in Ciudad Juarez for him, but he didnt go because we didnt fill out for the i601 waiver. My question is does he even need the waiver, since he came into the country legally? Would NVC have told me if he needed it? We want to reschedule his new appt asap, but want to make sure we dont need the waiver first, if at all.

[Roel 7,191]

First of all the spouses of green card holders do not have their overstay forgiven. Your husband needs to go back to his country. Then you petition him and he will be denied on he interview (overstay ban). And then you file the waiver. 

[Roel 7,191]

Sorry I think I misread that. I guess your husband isn't in the USA right now. If he overstay more than 180 days he will definitely need a waiver. But you file that after the interview. 

[NigeriaorBust 4,087]

  IF the only issue is overstay , look into the I601A waiver, which can be filed before the interview.  If there is any other issue , you must interview, be denied and then file a waiver if you are allowed to ( some issues do not have a waiver available )