Your wife's B-2 visa applications would have been denied once the Consular officer finds that she is spouse of a green card holder because, it is suspected that she is an intending immigrant and that she would not leave the US after her B-2 visa expires but instead stay with you. And the facts you have provided clearly support the Consular officers' adverse determination. I believe that decision will not change and so, it is pointless for her to make any more B-2 visa applications. Instead, you should file her I-130 petition with CIS without further delay. In fact, if you had done that after your marriage in 2012, it would have been approved by now. According to the most current visa bulletin, Aug 2013, petitions in that category, F2A [spouses and children of LPRs] are current across the board. But from my experience, it is possible your wife may created additional problems down the road because, as it happens in cases such as this, if in her several attempts to get a B-2 visa, if it is found that she gave contradictory or inconsistent statements or submitted fraudulent documents during any one of her B-2 applications, she may now be found inadmissible under ?.212(a) (6) (C) (i) INA. In cases such as yours, I have always felt that hiring an experienced attorney should be considered, and I do so in your case as well.
Answered on Aug 27th, 2013 at 5:26 AM