Xanax

Why do I have to have an excuse, why should I have to justify my "excuse" to you? I think to most normal people my situation would seem reasonable.
What part does not make sense to you? We changed our minds, 1) we didn't want to go through horrible situations without each other 2) I was advised by the doctor not to leave the country without treatment, treatment could be up to a 3 month course of antibiotics (or I could have had something much worse) and I had to have further testing as did my fiance, thus I would have overstayed 3) we could not re-home or find care for our puppy and could not justify euthanizing her, 4) we consulted USCIS and this is the avenue they advised.
You seem very bitter and I'm sorry about that but I think you're wrong and shortsighted. If USCIS did not want this option available to VWP holders or B visa holders they would not allow it.
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Thankyou, exactly. USCIS advised us to adjust based on our circumstances.

Moomin, it of course crossed our minds - many times, especially on my trip before my last (the trip before I did attempt AOS) and leaving was one of the hardest things I have ever done! But I personally needed to sell my car, wanted to have a "real" wedding and honeymoon that were planned and my family could attend, I had to appease my Father by living with my fiance for "at least 3 months to make sure I wanted to move all the way across the world for him- just a MAN! And to America no less!" , I wanted make sure I could save as much money as I could through work so I had money to live off and not be solely reliant on my husband-to-be before I had my EAD or GC, the list goes on. AOS was not the plan for us. I left a lot, I missed a lot, there are things I will never get that I wanted like the ring we could never afford or the honeymoon. There are family who are old and ill that I may not see before the pass (my Grandma with Alzheimer's).

Moomin, it of course crossed our minds - many times, especially on my trip before my last (the trip before I did attempt AOS) and leaving was one of the hardest things I have ever done! But I personally needed to sell my car, wanted to have a "real" wedding and honeymoon that were planned and my family could attend, I had to appease my Father by living with my fiance for "at least 3 months to make sure I wanted to move all the way across the world for him- just a MAN! And to America no less!" , I wanted make sure I could save as much money as I could through work so I had money to live off and not be solely reliant on my husband-to-be before I had my EAD or GC, the list goes on. AOS was not the plan for us. I left a lot, I missed a lot, there are things I will never get that I wanted like the ring we could never afford or the honeymoon. There are family who are old and ill that I may not see before the pass (my Grandma with Alzheimer's).

Why do I have to have an excuse, why should I have to justify my "excuse" to you? I think to most normal people my situation would seem reasonable.
What part does not make sense to you? We changed our minds, 1) we didn't want to go through horrible situations without each other 2) I was advised by the doctor not to leave the country without treatment, treatment could be up to a 3 month course of antibiotics (or I could have had something much worse) and I had to have further testing as did my fiance, thus I would have overstayed 3) we could not re-home or find care for our puppy and could not justify euthanizing her, 4) we consulted USCIS and this is the avenue they advised.
You seem very bitter and I'm sorry about that but I think you're wrong and shortsighted. If USCIS did not want this option available to VWP holders or B visa holders they would not allow it.
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Thankyou, exactly. USCIS advised us to adjust based on our circumstances.

Bottom line is it was a process available to her, not illegal, and made her life easier. So she shouldn't have took it just so she could clap herself on the back for doing it the hard way and winning your approval? It's not about excuses.

I have to respectfully disagree!
I came to the US with my K-1 pending. I came to the US to prepare everything for my permanent move, arrange the house, get the necessities and fix the house up (husband was a major bachelor), investigate community college, meet my prospective family and make SURE I wanted to do this.
Anyway... I went to the doctor in the US to have my medical done as it was cheaper in the US and when I called USCIS they said it was fine to have it done while here and bring it back with me to Aus (the waiting time for my local one in Aus was long and it was more than double the price) etc.
After my Medical I was told I had a communicable disease (TMI) and would have to be treated before I could leave. After a myriad of tests the issue was resolved and I was told I did not in fact have said disease BUT I will probably always test positive for it at the initial testing stage and it could be a sign of something else, things I should be tested for ASAP. The testing took a few weeks and it was very stressful. My husband (the fiance) and I decided to marry in this time as we were not sure I was even allowed to leave the country if I had said disease or if I have another disease which could prove even worse.I did not want to leave during such a stressful time anyway, if I had, had either disease my husband (then fiance) would have had to be tested and treated too and I did not want to leave him if we were both going through something similarly as horrible.
Similarly, we adopted a puppy when I came to the US who subsequently developed something called "the parvo virus" which nearly killed her. She was in puppy hospital for nearly a month with 24/7 monitoring and was almost put on a breathing machine ($5000 a day). Our puppy who was out of the hospital in May (I went to do my medical in June) was on 4 types on medication daily , numerous times a day, had to have her poop bleached and anything she came in contact with routinely bleached so as not to pass on the infection, she also had a grade 3 heart murmur from the damage the virus did to her heart and had severe separation anxiety from her time at the vet. My husband (then fiance) worked 12 hour days , 4 days a week and could not provide the level of care she needed (we had planned for her to go to daycare or have puppy-sitting during his work days when I returned anticipating at most I would be gone 3 months going by the USCIS timeline and factoring in any "problems" like a RFE) and she was not eligible for any daycare or sitting service as no one wanted to take on such a risk or such a sick dog.
So, I stayed after much discussion , talking to USCIS and soul searching we thought it would be best.
In staying, I missed out on seeing my family (for a year) , I lost my job, I lost most of my friends, I missed Christmas at home and of course I missed out on a "real" wedding and "real" honeymoon. Edit: and I also have to deal with attitudes like this (yours).
Now, of course not everyone's situation is the same and I am sure mine is a far cry from the norm, but you OP do not know everyone's situation and to blanket the statement and to infer everyone who adjusts from the VWP or a B visa is intentionally committing fraud is unfair.
*** I am sure I missed things in my timeline of events but it is dinner time .

Aye its truly a sad day when you got a President who wants to drag this country kicking and screaming into the 21st Century.

I have to respectfully disagree!
I came to the US with my K-1 pending. I came to the US to prepare everything for my permanent move, arrange the house, get the necessities and fix the house up (husband was a major bachelor), investigate community college, meet my prospective family and make SURE I wanted to do this.
Anyway... I went to the doctor in the US to have my medical done as it was cheaper in the US and when I called USCIS they said it was fine to have it done while here and bring it back with me to Aus (the waiting time for my local one in Aus was long and it was more than double the price) etc.
After my Medical I was told I had a communicable disease (TMI) and would have to be treated before I could leave. After a myriad of tests the issue was resolved and I was told I did not in fact have said disease BUT I will probably always test positive for it at the initial testing stage and it could be a sign of something else, things I should be tested for ASAP. The testing took a few weeks and it was very stressful. My husband (the fiance) and I decided to marry in this time as we were not sure I was even allowed to leave the country if I had said disease or if I have another disease which could prove even worse.I did not want to leave during such a stressful time anyway, if I had, had either disease my husband (then fiance) would have had to be tested and treated too and I did not want to leave him if we were both going through something similarly as horrible.
Similarly, we adopted a puppy when I came to the US who subsequently developed something called "the parvo virus" which nearly killed her. She was in puppy hospital for nearly a month with 24/7 monitoring and was almost put on a breathing machine ($5000 a day). Our puppy who was out of the hospital in May (I went to do my medical in June) was on 4 types on medication daily , numerous times a day, had to have her poop bleached and anything she came in contact with routinely bleached so as not to pass on the infection, she also had a grade 3 heart murmur from the damage the virus did to her heart and had severe separation anxiety from her time at the vet. My husband (then fiance) worked 12 hour days , 4 days a week and could not provide the level of care she needed (we had planned for her to go to daycare or have puppy-sitting during his work days when I returned anticipating at most I would be gone 3 months going by the USCIS timeline and factoring in any "problems" like a RFE) and she was not eligible for any daycare or sitting service as no one wanted to take on such a risk or such a sick dog.
So, I stayed after much discussion , talking to USCIS and soul searching we thought it would be best.
In staying, I missed out on seeing my family (for a year) , I lost my job, I lost most of my friends, I missed Christmas at home and of course I missed out on a "real" wedding and "real" honeymoon. Edit: and I also have to deal with attitudes like this (yours).
Now, of course not everyone's situation is the same and I am sure mine is a far cry from the norm, but you OP do not know everyone's situation and to blanket the statement and to infer everyone who adjusts from the VWP or a B visa is intentionally committing fraud is unfair.
*** I am sure I missed things in my timeline of events but it is dinner time .

This thread may have started with a honest question, but it has become mean spirited and hurtful, and from what I can see there are dozens like it already. There is plenty to be frustrated about in the K-1 or CR-1 process, especially long separations. It is easy to look at those who in your opinion took a shortcut, or took a less ethical route and are seemingly rewarded, while we are doing it the "right way" and are seemingly punished and become frustrated, angry, jealous. I KNEW that I could have had my fiancee stay over her VWP since I hadn't announced our engagement anywhere publicly, and play the "whoops we just couldn't wait" card and avoid a long separation... I'd be lying if I said it didn't cross my mind, but I chose to go K-1 because I just couldn't do it in a less than honest way, since I KNEW we were going to get married.
But... There are those who came on VWP or visitor visa and perfectly legally decide to stay. The gentleman from the UK for instance. He entered planning to leave, was told about the possibility of staying and AOSing, and had a relatively easy way to take care of his matters back in England. This wasn't fraud, this was a man deciding to do what was best for his wife and child and perfectly legal.
The Chinese woman who posted earlier too... unless you (with no reason or evidence) believe that she came on this site to simply waste her time lying, then she too was perfectly within the law to stay with her husband. And cases like hers are NOT why visitor visas are so hard for high fraud countries... it is people who overstay and become illegal that make it so hard. She applied for AOS and they said YES. They could have said no. So many people from high-fraud countries just live in an ethnically homogeneous community often in sanctuary cities, and have no fear of deportation or reason to bother doing AOS.
There are plenty of people who commit fraud with the CR-1 and K-1. They are some of the most tempting for fraud, even. That is why they take so long. Not because some guy from the UK where 99+% of visas are NEVER broken or used fraudulently decided to stay with his wife and child.
I don't like waiting any more than you do, I know it is even harder for those of you with no VWP which makes interim visits much more difficult. But that doesn't excuse attacking people and pouring your frustrations on the undeservedly. Find a more positive outlet for that stuff. Those "loopholes" exist for a reason, just like the K-1 and CR-1 exist for a reason. Leave it to the USCIS to determine if someone is gaming the system. Some will and get away with it in ALL cases. Some will also try and get caught. Also innocent people will be accused and have to jum through hoops. It is the nature of any huge bureaucratic system, and will never change no matter who you blame for your own woes.

What a mean-spirited thread.
The assumption that 'In my world, I can't see how it's possible, so therefore, it's fraud' is short-sighted and narrow.
Not everyone has the same circumstances in life, so to assume that all adjustments from tourist visa are fraud is unfair. Some 20-year old from the UK working in a restaurant will surely have less ties to cut than a 40 year-old lawyer. There was a time in my life in which I could see myself spontaneously deciding to move countries (or come as a tourist and then decide to stay) for love.
I'm not saying that all AOS from tourist visa are legit and unplanned, but this is a route that is legally available, and thus an option. I think our time would be better spent worrying about other, bigger things.

I have to respectfully disagree!
I came to the US with my K-1 pending. I came to the US to prepare everything for my permanent move, arrange the house, get the necessities and fix the house up (husband was a major bachelor), investigate community college, meet my prospective family and make SURE I wanted to do this.
Anyway... I went to the doctor in the US to have my medical done as it was cheaper in the US and when I called USCIS they said it was fine to have it done while here and bring it back with me to Aus (the waiting time for my local one in Aus was long and it was more than double the price) etc.
After my Medical I was told I had a communicable disease (TMI) and would have to be treated before I could leave. After a myriad of tests the issue was resolved and I was told I did not in fact have said disease BUT I will probably always test positive for it at the initial testing stage and it could be a sign of something else, things I should be tested for ASAP. The testing took a few weeks and it was very stressful. My husband (the fiance) and I decided to marry in this time as we were not sure I was even allowed to leave the country if I had said disease or if I have another disease which could prove even worse.I did not want to leave during such a stressful time anyway, if I had, had either disease my husband (then fiance) would have had to be tested and treated too and I did not want to leave him if we were both going through something similarly as horrible.
Similarly, we adopted a puppy when I came to the US who subsequently developed something called "the parvo virus" which nearly killed her. She was in puppy hospital for nearly a month with 24/7 monitoring and was almost put on a breathing machine ($5000 a day). Our puppy who was out of the hospital in May (I went to do my medical in June) was on 4 types on medication daily , numerous times a day, had to have her poop bleached and anything she came in contact with routinely bleached so as not to pass on the infection, she also had a grade 3 heart murmur from the damage the virus did to her heart and had severe separation anxiety from her time at the vet. My husband (then fiance) worked 12 hour days , 4 days a week and could not provide the level of care she needed (we had planned for her to go to daycare or have puppy-sitting during his work days when I returned anticipating at most I would be gone 3 months going by the USCIS timeline and factoring in any "problems" like a RFE) and she was not eligible for any daycare or sitting service as no one wanted to take on such a risk or such a sick dog.
So, I stayed after much discussion , talking to USCIS and soul searching we thought it would be best.
In staying, I missed out on seeing my family (for a year) , I lost my job, I lost most of my friends, I missed Christmas at home and of course I missed out on a "real" wedding and "real" honeymoon. Edit: and I also have to deal with attitudes like this (yours).
Now, of course not everyone's situation is the same and I am sure mine is a far cry from the norm, but you OP do not know everyone's situation and to blanket the statement and to infer everyone who adjusts from the VWP or a B visa is intentionally committing fraud is unfair.
*** I am sure I missed things in my timeline of events but it is dinner time .

NO, not a lifetime ban. What would she possibly be getting a life time ban from...
OP, does your fiance get disability? That might be enough of an income , though I do think a co-sponsor is the right way to go.
Alternatively you could marry and then return to Australia and file for the CR-1 which means when you enter the US with said visa you will be able to look for work right away and you will have your greencard without having to adjust your status as with the K-1.
Of course, you may also attempt to use the VWP while your CR-1 or K-1 is pending.
Oh, P.S what is your partners disability if I may ask? My husband and I have not heard of any restrictions for spouses in moving to Australia.

Not sure you read the question... OP did not ask for short cuts or how to beat any "system" just about getting a tourist visa for themselves and a cousin. Although OP may be naive I see nothing in their question which could be conceived as trying to "beat the system" or take "shortcuts".
Goodluck OP. I am sure you are in for an uphill battle but it does not mean you should not try.
NB: If you have the answers you were looking for you can request your topic be closed or deleted.

I'm so sorry for your situation It seems like you've been played / used for a GC as others have said.
To answer your question, once divorced she can try to file for removal of conditions on her own.

Oh my gosh. Drop it, whomever is arguing it is providing nothing to the OP's question or topic. If you want to argue language uses or definitive terms then take it to the "off topic" section and have fun.
Good luck OP. You will need to prove you will return to Russia or Ghana. I personally believe a financial support document could make it look like you plan to immigrate and thus negatively affect you there. An invitation letter is fine but your application will be judged on it's own merits

Oh my gosh. Drop it, whomever is arguing it is providing nothing to the OP's question or topic. If you want to argue language uses or definitive terms then take it to the "off topic" section and have fun.
Good luck OP. You will need to prove you will return to Russia or Ghana. I personally believe a financial support document could make it look like you plan to immigrate and thus negatively affect you there. An invitation letter is fine but your application will be judged on it's own merits

We conceived just before we filed for AOS. We did not know at the time. I am due in March.

I don't know why it is taking so long for your background check but some things that can make it take longer are: your name if it is common, the area where you are from, non-cooperative foreign law enforcement agencies, things like that. Have you tried called USCIS and speaking to a level 2 and asking why?

Agreed. She could have left at any time and you say she wants/ wanted to go home... It doesn't sound like she is trying to use you to get a 10 year GC. Maybe her family hope she will sponsor them or something but it doesn't sound like that is her main goal or she could have left earlier and still done it!
Similarly, you can't "get her kicked out of the country". I have no idea why the USC always seems to think they can just send back their immigrant spouse when things don't work out... And just because things aren't working out does not mean she had fraudulent intentions or your marriage was not "bonafide" - she stayed with you and had your child! She did not have to stay , nor have your child and if all she wanted was a GC she could have tried other means to that end like filing a false VAWA (has been done), divorcing you and ROC on her own, etc.

Post partum depression is very serious!

Agreed. She could have left at any time and you say she wants/ wanted to go home... It doesn't sound like she is trying to use you to get a 10 year GC. Maybe her family hope she will sponsor them or something but it doesn't sound like that is her main goal or she could have left earlier and still done it!
Similarly, you can't "get her kicked out of the country". I have no idea why the USC always seems to think they can just send back their immigrant spouse when things don't work out... And just because things aren't working out does not mean she had fraudulent intentions or your marriage was not "bonafide" - she stayed with you and had your child! She did not have to stay , nor have your child and if all she wanted was a GC she could have tried other means to that end like filing a false VAWA (has been done), divorcing you and ROC on her own, etc.

Exactly... Some people are woefully misinformed.

Agreed

K-1 is the best bet for you as the daughter can come with the K-2
Good luck

Post partum depression is very serious!