Me&myLove

You should be blaming the parents who came here illegally with their children in tow. Children who grew up here, went to school here, and are here by no fault of their own. These children want the opportunity to remain in the only place they know as home. Our government has a conscience...I find no fault in that. Obviously you don't know the first thing about this legislation. You are being selfish because it may take your case a month or 2 longer to get through USCIS, oh boohoo. Your case and check being lost has zero to do with Deferred Action.

The time to do all of this due diligence was before you got married, not after. This is especially true of countries like the Philippines, whose citizens are known for their emigration-centred culture.
If you can prove she did not enter into the marriage in good faith (i.e. you have recordings of her admissions to you, documents, emails, etc.) then by all means contact ICE. If you don't then it's simply your word against hers, and since ICE cannot prove anything then they will not be able to do anything.
If everything happened as you said then yes, you got played. However, you cannot go back in time and get "un-played". It's already happened, so you should divorce and move on.

She only needs to prove that the marriage was entered into in good faith.
Husbands and wives are not commodities to be bought or sold, to be kept or returned. If she chooses to stay here then she can do so through a waiver filing, as stated above.

1. You can't, it's too late. You CAN withdraw your support of her I-751 at which point she changes it to a waiver filing. She will eventually need to send the divorce decree to file by herself, with proof of bonafide relationship.
2. She has a GC, she doesn't *need* you anymore to stay here. She doesn't "self-sponsor". The I-864 you signed back with the AOS (the first GC) stays in effect.
3. She won't be sent back. She has her GC and only needs to change the joint filing ROC to waiver filing. If she WANTS to go back that's between her, you and the courts regarding custody.
4. Divorce her, file for custody.
Unless you have evidence she used you (for 3 years and 2 kids) then there's nothing you can do. If you have evidence contact ICE (details at the bottom of this page) an they will do what they do. It's highly unlikely she will be deported, or have her GC taken away. If she really IS a scammer she already knows how to keep her GC.
It would be in your best interest, and the children's interest (unless she's a horrific mother who abuses them) to keep her in the country. This means, don't lie to her about being able to stay here. Tell her you want a divorce, tell her to change to a waiver filing, and be reasonable. being irrational and unreasonable will just look bad at any custody hearings. You will look like a poisonous parent.

"be able to petition another filipina"? "go back to the Philippines to see if you can find something (not someone?) more worth your time"? Sir, you sound like its a shopping trip. But to answer your question I think you should ask in the forum that is specific to that region. And btw you are petitioning the uscis, not the woman.

OH YEAHH , so true , I forgot that , some states like Sao Paulo you can get it online...

My fiancé and I discussed everything about religion even though neither of us are religious. He was raised to be muslim and I was raised to be catholic.. we both believe in "a god" but we practice nothing. If you are having this much trouble now- I would accept her divorce and move on. What will happen when children come into the picture?? Something to think about NOW instead of when it's too late....
People come on here for help, they don't need everyone dissecting their story. I don't know why everyone takes it upon themselves to question the OP's true intentions.. he laid his situation out as stated and asked for advice. You aren't in immigration and won't be personally working with his case... it isn't your task to figure out the reality of whats going on. Get sick of seeing the same scenario repeated on so many posts.

Your first step is to meet in person again so that you are eligible to file the paperwork. Now, just some advice from someone who has been through the process. Before we were married, my fiance and I had spent little time together. We knew each other years before, reconnected, and then decided to get married. I went to visit twice, once to meet the eligibility requirement and to see if we were still compatible. Then I went again in the middle of the process to spend more time together and wait for our approval. Just that little bit of time together did not really give us much of a chance to get to know each other the way we are today. Even though things worked out and we are still married, I really wish that we had had a chance to spend time together in a variety of situations. We both feel that we rushed into things (even though we are both older), but knowing how long the process takes, we didn't want to wait to file the paperwork. There are some things that you probably want to think about. Saving money for the visa process is a good start, but there are going to be many more expenses to think about along the way. If you do a K1 visa, you will need to pay for adjustment of status when you arrive. You mentioned your fiance is in college and that you are both young. She likely has many more years of college, and the US economy is not good right now. It might be hard for you to find a job that can support you both. Last I checked, Brasil does accept co-sponsors, but that isn't going to be a big help to you with your daily expenses, probably. Next, you mentioned that you knew each other in high school. Even though it wasn't that long ago, high school is a completely different world, and people change alot when they leave. I am not trying to talk you out of getting married, but my advice is to spend some time together either here or in Brasil. You will have to meet in person anyway to file the papers, and this would give you a chance to talk through your plans for the future in person. Leaving your home country for good is a lot harder than most people realize, and there is often a huge culture shock. I have lived extensively in both countries, and I feel a huge difference in the USA compared to Brasil. I think running down to Brasil and getting married right away could be too impulsive especially if you haven't seen each other in awhile. Keep in mind that you would be apart for some of the process even if you file for a CR1 visa because it can take up to a year for everything to be done. Also, getting married in Brasil is not something that can be done fast. There are a lot of documents and waiting time, so do some research first if you want to go with that option. Good luck with whatever you decide, and if you have questions about the paperwork, let me know. Wishing you the best!

Ok, to summertom:
As everyone said, 6 months is way too late. So she will have to go through with having the child.
For those of you going all out 'It's murder' and getting all emotion..THANK YOU MR AND MRS OBVIOUS, but what this OP needs is advice, not for your tears and screams. As if that helped anyone.
Options I see:
1. Take longer to do the immigration process. Let her have the baby and then:
- Let her parents take care of it.
- Get the child adopted. You won't have to think of having to support it since your fiance will probably remain anonymous to the child.
2. Include the baby in the k1 process.
- Get it adopted? It'll be harder at this point.
- Keep it. Why? Because the child will be half of your fiance's and yes another man's. However it is not the child's fault and separating child and mother will suck.
Now is the time for my opinion, read if you want.
In my opinion, a man who decides he's going to forgive his fiance for sleeping around, should be man enough to deal with the repercussions of the act. Not just sweep it under the rug.
I'm a woman, but if I was a man and I was in your situation, I would let her have the child and I would take care of it as my own. Just because the father is a douchebag, doesn't mean the child is the same. The child could be one of the best things that's ever happened to you. A birth is a miraculous thing.
If you're not willing to accept the child, maybe you are not truly willing to forgive? That's just a question, not an assumption.
Assumptions suck.

Wow. I think the moral condemnation and finger-wagging that the people posted above is very misguided and has no place on this forum. Of course OP didn't help his case by making assumptions about the sort of life the baby would or wouldn't have. If she didn't want to carry the baby to term it should be her choice. However, the time window for making a decision is limited. She should have dealt with this months ago. Yes it is true that babies can live after 3 months pre-term delivery but they often have a multitude of developmental problems, physical and mental that can be life long. Also though abortion is legal in the US many states don't even allow such late term abortions unless the mother's life is in danger, if it was the product of rape or incest, or the baby has serious complications.
It doesn't sound like either of you want the baby so find a good family to adopt it. There are lots of adoption agencies she could turn to. But the question you should be asking yourself is should you still even be with this woman? Yeah the guy may have been manipulative but she still allowed it to happen. How did she not see him take off the condom? Unless she's blind of course. You weren't there so you don't know what really happened. You should consider her actions that got her into this situation seriously, not just the callous nature she has exhibited towards the pregnancy. And you'd better believe this will come up at her embassy interview. She would have a lot of explaining to do.

This thread should likely be locked. Can't ask a question like this and not expect an emotional response.

Please for the Love of God ADVICE her not to do an abortion, she just has 3 months to go..... If she goes for it, her life will be in danger too
The baby is already formed at 6 months
You both will regret it if she gets one, for a second do not think about yourselves and your interest let her think about the bundle of joy she will bring into this world
Alot of people out there are crying everyday because they cant have kids, and she wants to abort hers
PLEASE PLEASE PLEASE let her not do it
If both of you do actually have a heart, abortion shouldn't be in your minds or something you consider doing

You say the child would have a horrible life....
You are not thinking about the child....you are only thinking about the easiest way out for you.
Have you thought about what a "horrible death" it would be???
This child is nearly old enough now to live on it's own, but you would consider stopping this child's beating heart....
my mind is spinning thinking about how inhumane this is...

I cannot imagine any circumstance where a six month pregnancy would be terminated. It would not be an abortion, it would be a live birth. You cannot even begin to imagine the bond between mother and child, so I would guess that, once she has given birth, the odds are against her abandoning her child.
And, lastly, lying to obtain a visa to the United States is always a bad decision.

You are in the progress report forum. This is where people, you know, post their progress. Simply ignore it if you don't like it, but everyone has the right to celebrate when they get their petition approved or have their visa granted. Everyone here is after the same goal.

This was uncalled for. There were a lot of people who wrote about disappointment about how slow things are going at vsc. It's only natural that when they get approved, either it's at vsc or csc, they should express their happiness with others.
And have respect for what? Nobody died. They are all getting there, slower or faster.
So, no need for this thread, in my opinion.
Cheers!

**** one judgemental post removed- OP came here for immigration advice, not life counselling ****
Always be honest with immigration, they will find out anyways. You can put a different mailing address from his physical (jail) address.

But the thing is, you think that the USCIS officials care about the emotional side of a relationship. They don't, and they have no reason to.
Their right to judge everything is just that - they judge your marriage at face value, at first glance, and it does not extend beyond that.
For you to say that what they say is not fair nor true is you appealing to the emotional side of things and assuming that they care about what you think of your marriage.
They don't care about what you think your marriage is. They only care about what THEY think your marriage is.
They never ask you how you feel about your husband/wife. For a reason. They don't care.

I don't mean to be hyper-critical, but this statement is a bit naive. They have every right to make any sort of judgement they want to. In fact, it's their job to make judgements. Adjustment of status is a discretionary benefit, and it's their job to root out fraud. They can ask any question they want. They can make any accusations they want. They can be as rude as they want. They can do practically anything short of taking you into a dark room and beating you with a rubber hose. As distasteful as these tactics are, the fact is that they have been found to be effective. People will often give up information they've been hiding when they feel intimidated, and when you're the subject of a fraud investigation then they want you to feel intimidated.
They came to your house because they suspected your relationship was a sham. The fact that your husband was not living with you confirmed their suspicions. A follow up interview is a possibility, but at this point I doubt if it's needed. They have enough information now to deny your application. If you're lucky then the denial letter will come by mail, and include a notice that you've been placed in removal proceedings for material misrepresentation. If you're not so lucky then the denial letter will be delivered by an ICE officer who will take you into custody.
Your case has taken a serious nosedive, and you need professional legal help now. This isn't like your friend's case where neither of them were home and a roommate said something stupid. They came to your house and you confirmed that your husband wasn't living there. Of all of the things they could have found that would have been proof of a sham marriage, the only thing they could have found that would have been more compelling would have been a signed confession. You'll have a very narrow window to file a motion to reopen after the denial is issued. A lawyer should be working on that motion now.

Whatever tools you used to organize the evidence isn't relevant. I used Microsoft Word to organize my scanned evidence, with a header and footer printed on each page; e.g., "I-129F Petition for <Beneficiary's Name>, Attachment xx, Page x of x". I used this method with the I-129F petition, the AOS application, and the removal of conditions application. No RFE's or other problems so far.

You don't need to send any of the worksheets or summary. You are required to send the 1040, the W2s, every 1099 if used, any schedule if used. A tax transcript ordered from the IRS would replace all the documents I already mentioned.

I am moving this thread to the Middle East North Africa regional forum so that Arum22 can post questions in his native language instead of English if he chooses. Hopefully there will be others who will be able to assist him with his questions and provide him with useful answers.

Congratulations, Kathryn! Good to know VJ can still be helpful, even to those with limited ability to express themselves because of language and cultural differences, because of people who think like you do.

Same #######, different day.....There are so many judgmental people on this site, just looking for someone to ridicule or insult. How can you jump to the conclusion that someone is committing fraud when you don't even know their situation? Yes, he's written some confusing posts, with different questions. Maybe that's because he's planning to come to the U.S., change his life and he has lots of questions, and no one else to ask. So he comes to a forum in place to help people, and instead gets this......
It's obvious his English isn't good, but it looks like he's asking and answering the best that he can. Anyone can see that he's confused about the relationship status differences, because probably where he lives they don't "date" and have girlfriends. They signed a written paper for marriage (not a legal marriage) so they could have intimate relations. Because in some parts of the world, they don't have sex unless they are married. If you skim through his posts, it's not that hard to figure that out. They're not "really" married, in the eyes of the law, so they are very much able to be filing for the K-1.
It's not my job or anyone elses job here to decide if he's committing fraud or not. Maybe he just has a very good life where he is and he wants to do all the research he can and get as much information as he can before he makes a complete change in his life, leaves everything he has and knows, and comes to live here. Isn't that what everyone tells the USC to do? To research? Why is it any different for the person that's planning to leave their home and everything they know?

Congratulations, Kathryn! Good to know VJ can still be helpful, even to those with limited ability to express themselves because of language and cultural differences, because of people who think like you do.