Lawyer isn't helping...can anyone here give some guidance?

[VanessaTony 3,567]

I am thinking a little slow today - why would an AOS denial make getting a CR-1 harder? The overstay (I think) is not over 180 days yet, so that's not an issue.

No it's not that. If the I-130/I-485 was denied... there are many reasons, but unless you were denied for something simple like not responding to an RFE in time, if it was something else relationship related there would already be something in their file stating that they don't think this relationship is legit so they'd be fighting that already determined assumption that their relationship was for immigration purposes, and have to fight a little bit harder... that's what i think anyway.. USCIS doesn't usually deny without cause...

[ValerieA 350]

No it's not that. If the I-130/I-485 was denied... there are many reasons, but unless you were denied for something simple like not responding to an RFE in time, if it was something else relationship related there would already be something in their file stating that they don't think this relationship is legit so they'd be fighting that already determined assumption that their relationship was for immigration purposes, and have to fight a little bit harder... that's what i think anyway.. USCIS doesn't usually deny without cause...

My theory (based on nothing concrete) is that they would have to overcome that anyway if they just went the way of the visa.

[VanessaTony 3,567]

My theory (based on nothing concrete) is that they would have to overcome that anyway if they just went the way of the visa.

You're right, but if they went the visa route the other party is in their home country, in their apartment or whatever, earning and saving money. They were only visiting the US so they didn't lose anything (their job, apartment etc).

Going the AOS from VWP route they would typically have given up their apartment, have no job to go back to, and would be ripped away from their loved one while they start the process from scratch. They would need to call people (they have 30 days to leave following denial) and find somewhere to live, some way to support themselves for the year they're away from their loved one. They wouldn't be allowed to use the VWP anymore, a visitor visa would be denied for immigrant intent. They would most likely be unable to file immediately because their money was spent on a short-notice flight home and on trying to find somewhere to live/support themselves while looking for a job. The USC probably couldn't visit because they'd be working like crazy saving money for the process... it's a lot of risk when there are other perfectly valid, and SAFE options.