DandT14

So it was a misunderstanding. It doesn't need to be a big deal. People who come in here screaming that AOS from a tourist visa is illegal or wrong really piss me off. I just wanted to clarify that Linda is not one of "them."
Just one comment here - It's correct that overstay is not usually an issue when you file for AOS. But, as someone whose husband overstayed for nearly two years, I don't recommend it as a plan of action. It means he'd be here out of status, and that severely limits your life. Not to mention that he would constantly be subject to deportation, even though it's not likely. And, if for some reason, your relationship didn't work out and he left without the AOS completed, he'd suffer consequences in the future. His chances of getting a tourist visa again would be really low. I think having him overstay for any length of time is the last thing you should do.

Ok, well you clearly don't need any help. So I hope everyone reads this and quits trying to help you.

I think you're misunderstanding. Vanessa is trying to look at the situation as an unbiased observer, and from the IO's point of view. Clearly, the IO looking at your file saw fraud. No doubt about it. The question is, why?
Jaynarl, I'm the one who suggested you post your story in the main forum so that you could get help from the longer term members. I was concerned that you were going the wrong direction by claiming wrongdoing on the IO's part. But, I don't have anywhere near the knowledge that some of these other people have.
I assume that your main goal is to get your wife her greencard. People like Vanessa and Harpa are the ones who have the knowledge to help you. It's nice to have people come, pat you on the back, and agree with everything you say. But you're going to get help from people who see things differently than you do. People who can offer new information.
If you really want help, you should answer their questions and be open to hearing their opinions.

Ok, well you clearly don't need any help. So I hope everyone reads this and quits trying to help you.

I think you're misunderstanding. Vanessa is trying to look at the situation as an unbiased observer, and from the IO's point of view. Clearly, the IO looking at your file saw fraud. No doubt about it. The question is, why?
Jaynarl, I'm the one who suggested you post your story in the main forum so that you could get help from the longer term members. I was concerned that you were going the wrong direction by claiming wrongdoing on the IO's part. But, I don't have anywhere near the knowledge that some of these other people have.
I assume that your main goal is to get your wife her greencard. People like Vanessa and Harpa are the ones who have the knowledge to help you. It's nice to have people come, pat you on the back, and agree with everything you say. But you're going to get help from people who see things differently than you do. People who can offer new information.
If you really want help, you should answer their questions and be open to hearing their opinions.

I think you're misunderstanding. Vanessa is trying to look at the situation as an unbiased observer, and from the IO's point of view. Clearly, the IO looking at your file saw fraud. No doubt about it. The question is, why?
Jaynarl, I'm the one who suggested you post your story in the main forum so that you could get help from the longer term members. I was concerned that you were going the wrong direction by claiming wrongdoing on the IO's part. But, I don't have anywhere near the knowledge that some of these other people have.
I assume that your main goal is to get your wife her greencard. People like Vanessa and Harpa are the ones who have the knowledge to help you. It's nice to have people come, pat you on the back, and agree with everything you say. But you're going to get help from people who see things differently than you do. People who can offer new information.
If you really want help, you should answer their questions and be open to hearing their opinions.

It is at the interviewers discretion to approve you or not. I'm sure you have recourse if you're mistreated, but if they just decide your marriage is fraudulent, they can deny you.
That said, the risk of denial is probably low. Intent isn't going to get you denied. What will get you denied is if, at any point, your wife lied to US officials. Or, if for some reason they decide your marriage was purely for immigration purposes.
There's risk, of course. But there's risk of getting denied if she goes back to her home country and applies for a visa there.
My opinion is the "harsh warnings" you see on this site are generally from people who went the k-1 or cr-1 visa route, and are either misinformed about AOS from "other" visas, or angry about them.

It is at the interviewers discretion to approve you or not. I'm sure you have recourse if you're mistreated, but if they just decide your marriage is fraudulent, they can deny you.
That said, the risk of denial is probably low. Intent isn't going to get you denied. What will get you denied is if, at any point, your wife lied to US officials. Or, if for some reason they decide your marriage was purely for immigration purposes.
There's risk, of course. But there's risk of getting denied if she goes back to her home country and applies for a visa there.
My opinion is the "harsh warnings" you see on this site are generally from people who went the k-1 or cr-1 visa route, and are either misinformed about AOS from "other" visas, or angry about them.

Jaynarl, I'm so sorry for what you went through.
If you are willing, perhaps you could post your story in the main AOS forum? Many of the long term members don't read these progress threads. Some of them might have more insight/advice to give, if you're interested.
I wish you the best.

That's true, at my job we always terminate if we find out someone lied on their application. By lying, I mean answering "no" to the question "have you ever been convicted of a crime" or "have you ever been terminated from employment" when the real answer is yes. Or saying you have a degree when you don't, stuff like that.
We don't treat it as lying if you only list 3 of your 15 jobs, or put the wrong dates/wage down for one of them. Some employers might have a different policy on that.

While there are no guarantees in any realtionship (example Prince Charles Vs Lady Diana, Mr. and Mrs. Al Gore), I think those that marry interculturally without doing a proper due dilligence required are setting themselves up for a failed relationship or at the very least a contentious one.
I see so many people on here that are so focused on USCIS, NVC, Embassy and their laws that they forget to focus on the realtionship, which i think is the critical thing.
Anyways, rant over. You can now return to the regularly scheduled program.

In the first scenario, she applies for her green card (AOS) while she is still in legal status. When the AOS application is received her legal status is basically extended until a decision is made on her green card application.so she still has legal status.
In the second scenario, when she applies for her green card and the application is received, she gains legal status as an AOS applicant until a decision is received. From the time when her work visa expired to the time when her AOS application was received (and receipt acknowledged) she is out of status. If she receives more than 180 out of status days, then when she leaves the US for any reason, unless she has a green card, she will incur an automatic 3 year ban on re-entry to the US. If she accumulates more than 360 out of status days, then she incurs an automatic 10 year ban on re-entry to the US. Only a green card can prevent the ban from happening. Any type of an overstay less than 180 days may make it difficult if not impossible for her to receive additional visas to the US,
So these are the facts that she needs to consider about her future. Right now you are in love and want to have the chance to develop a relationship with the future possibility of getting married. When a foreign national is in the US, you just don't have the luxury of 'the girl next door' type of relationship. This is the type of relationship that really does require a great deal of time to explore because you also have cultural and familial differences to discover and work within. It would be nice if you could put off the tomorrows until tomorrow arrives, but when you are dealing with immigration, visas and the government, you can't afford to avoid looking at the future long before you want to, just to make sure you don't compromise your ability to have that long term relationship you want.
I have a Chinese sister in law and I know that your Chinese girlfriend's home culture and family are going to be important in any relationship she enters, even if she has been living here for a while on a work visa. Her family hasn't. So I too encourage you to take the time to explore this relationship in detail before you make any final commitments and make sure you keep your options open by not doing something foolish early on that will hurt either of you later.

eh - not so much.
Folk THINK that's 'it', but it really isn't .
The INTENT is there on interview day, but...
In essence, she can come on in, and IF SHE LEAVES before the 90 day window on the I-94, she's OK !
IMO, she'll have issues when she tries to leave the USA with a USCitizen child, not holding written permission from the father for 'single transit' ..
FWIW, there is surgereons handling this condition in Singapore,
and the cost of the surgery is 1/3 less, there,
with post-op care being 1/2 less, there.
(All without insurance)

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

What I don't understand is how, if you are never certain, you could go ahead and get married anyway. Although it seems to happen quite a lot, judging from this section. People can rationalize anything, I suppose. But really, if you even think for a second that your future spouse might be using you for a greencard, then don't get married! Find a US citizen to screw up your life with instead, it's easier.

Hang in there and be safe. You'll get through this and be better off when you do.
He's not getting deported. This is his country now.

He's been in this country since he was 12, if I remember his previous posts correctly.
Anyway, I think he could better represent his "heritage" and "his people" by behaving like an intelligent, law-abiding human being.

He'll be punished...he's hooked up with her.
Seriously, how do you suggest he "punish" this other man? Keep in mind that he's subject to US laws now, not Guyana laws. Not cultural laws. United States laws.
Don't do anything stupid. You don't have your permanent greencard yet.

The more I think about it, the more I think you probably should go to the authorities on the blackmail issue.
Emails can be edited. A printout of an email isn't very good evidence of anything, should you ever need it. A police report, on the other hand, is taken very seriously. (Sometimes more seriously than it should be.)
It's probably a question for an attorney. But please don't worry about protecting her. She's certainly not worried about protecting you.
As for whether the divorce can be final without everyone signing the papers, it probably varies by state. You can divorce someone who just fails to respond to the petition. If she responds by contesting then you will get into the legal hassle of it all.