agrabs

I have already reported this thread to the moderators. What you propose is NOT legal!!!!!
Misrepresentation is a serious matter.  

Don’t commit fraud.   The petitioner needs to investigate what happened with the petition and the payment.
 
Your plan could lead to a bar to  entering the United States.

Yes.  It is evidence of her legal residence.  However, if she takes the oath, it won't be valid.

Under current law, if you are (or have ever been) out of status, you can never adjust status through your father or sister in the future.   How long have you been out of status?

You've provided conflicting information. 
 
You're essentially colluding to commit fraud by asking what status to put on a visa application for your niece, knowing full well that the situation is fraudulent.  
 
Yes, this can have an impact on you as you are an accessory to a potential crime.  

u seem to think that ignoring Canadian laws is ok  in the US
it is not
I can not help u as there are things u can do to help the situation and u r not willing to do them
 
God i wish more people would watch the National geographic stories and those on youtube about immiggration fraud and how all is reported on computer to interpol
 
if your sister-in-law comes and thinks to AOS here just WoW at this can of worms
 
Either report the SOB or get yourself out of this situation all together
 
i am out too

+1

I am well aware of that and I think my sister-in-law's visa will be granted given her daughters are not applied. however that is least of our worries at the moment because she has a strong standing.

It seems the plan is to lie on the DS160 which is is a clear case of perjury and will result in a life time ban and more importantly a breach of the VJ ToS.
 
Sort out the paperwork first and then apply.

I can’t even follow what is going on.  
 
Sounds like immigration fraud / material misrepresentation to me.  Thus …
 
Until the birth certificates are corrected my advice for all concerned parties is to stay away from the situation or  be prepared to be arrested and convicted for felony perjury. 
 
Don’t do the crime if you can’t do the time.  
 
There is no dilemma here.  

Also, your brother's polygamy excludes him from immigrating to Canada.  False birth certificates are the least of his problems.

Definitely 100% accurate!

I was thinking the same things .. and getting registered and licensed in the US medical field with overseas credentials is enough to break the strongest .. been there .. immigration is a walk in the park compared to State licensing boards 

Based on page 13 of the I-864 instructions
Just because I did not provide the answer you wanted doesn’t mean I’m trolling. 
You should have read the implications of the i864 before you signed it. As someone here likes to say, anyone DIY with immigration should be an A student in the forms. Good luck!

Care to elaborate?  The fact is that they were admitted as visitors.  Unless they misrepresented themselves at POE, they can apply to adjust status.  If they lied at entry regarding their intent, adjustment could be denied.  I have seen one case in which a spouse was specifically questioned during a secondary inspection when she entered as a visitor.  She said she would not apply to adjust.  At her Adjustment of Status interview, the officer had her specific statements from entry.  He accused her of a misrepresentation, and he denied her case. 
 

tell your lawyer u want the divorce papers to say exactly what u say here
that you applied for spouse visa and he came on tourist to see his new son and abandoned the 2 of u to live with another woman
 
since those papers go to any process he will try here,   it will be interesting
 
feeling your disappointment and this betrayal,  wishing u and the baby the best
 
BTW to have multiple wives,  rules in his religion say he must show he can support them  

we have seen too many people that have a celebration (some say engagement party) and the CO at embassy sees the submitted photos as "too married for  fiancee visa
 
when they suspect this could be the case they also look at messages between the couple to see if they say "my husband or my wife"
at this point ,  u need to register the wedding and go for a spouse visa 

My husband is from Romania and we did the K1 visa but if I had it to do all over again I would go the Cr1 route.  I severely under estimated how difficult those first 6 months would be for my husband to not be able to work while we were waiting on the work permit during the  adjustment of status. We were so excited to finally be together that we thought it would be no big deal.  The reality was that after the first couple of weeks I had to go back to work and he spent most of his time hanging out in the apartment alone.    I was the only one here that he knew so it wasn't like he could go hang out with friends and in our state he could not get a driver's license until we had the EAD approval.   It was the perfect recipe for homesickness.   It would have been a lot easier for him to adjust to life here if he had the green card when he entered the country.  We celebrated our 10 year  wedding anniversary a few months ago - can't believe how fast it has gone by.  Good luck with whatever route you take - both will eventually give you the same outcome!

Thank you so much for your thoughtful responses. All of you helped us tremendously! CR1 will be our choice!

My husband is from Romania and we did the K1 visa but if I had it to do all over again I would go the Cr1 route.  I severely under estimated how difficult those first 6 months would be for my husband to not be able to work while we were waiting on the work permit during the  adjustment of status. We were so excited to finally be together that we thought it would be no big deal.  The reality was that after the first couple of weeks I had to go back to work and he spent most of his time hanging out in the apartment alone.    I was the only one here that he knew so it wasn't like he could go hang out with friends and in our state he could not get a driver's license until we had the EAD approval.   It was the perfect recipe for homesickness.   It would have been a lot easier for him to adjust to life here if he had the green card when he entered the country.  We celebrated our 10 year  wedding anniversary a few months ago - can't believe how fast it has gone by.  Good luck with whatever route you take - both will eventually give you the same outcome!

P.S. Once she gets inside US and has an ability to acquire a local attorney, the level of this game can go from "very hard" to "impossible".

Your failed relationship do not give you/your parents any right to commit fraud. You make it sound like (their) money would make the fraud ok.  No, it's not ok.
 
Sad reality if grandchild/grandparents do not meet, but it happens everyday, for different reasons.  Life is weird sometimes.
 

The reality of international marriages. The reality many of us and our aging parents live with. My parents have grandchildren and great grandchildren they will never see . Reality is harsh at times but this reality is pretty obvious and no surprise. Counting the cost before starting the journey is really important.. even considering possibilities “ that wont happen”.. because, guess what, they do happen 

Leaving immigration aside for a minute… if you stay married and she comes here, your child will see that his parents are in a relationship where they don’t love each other. Kids pick on that. He’s going to believe that this is the norm for relationships. Stay with a partner just because. Is this what you want to teach him? 
And don’t bring a baby here just because your parents aren’t willing to travel internationally. If money and health are not an issue, let them travel to see the baby. Why does the baby have to make the concession, and not them?! We are talking about a child that didn’t decide to be born. 
Now, off to the immigration side of things: staying married just for immigration purposes is fraud. If you’re the one to inform the IO and are worried about the legal consequences, get a family lawyer from her country first prior to doing anything. And yes, if she doesn’t inform the officer then it’s on you to do so.

Your answer is condescending and totally unaware of where i come from, what my family history is, or what me or my family might have gone through in the past. 
 
Fact: no one is entitled to immigrate to the US.
Fact: people can and do make decisions about whether immigrating to the US is more important than leaving family behind.
Fact: if you don’t like the current laws, you can waste time complaining about them on the internet, or try get something concrete done to change them.
And finally, FACT : I feel immensely privileged to have been able to immigrate to this country and become a citizen.