DandT14

Ok, so the fiance isn't supposed to enter on a Q visa with the intent to stay. We've established that. It's fine to enter with the intent to get married. She can use the visa as long as she plans on leaving at the end of it.
So, someone here who knows more about spousal visas jump in, please, but can't they apply for it while she's here and then she just has to go back to her home country prior to the interview? That would cut down on the separation time, and no one's doing anything illegal.
Isn't that an option?

She's in Hawaii, so it's not like she drove a truck across the border with her household good. She's here. She's fine. Leave her alone.

And that's about what it's worth. Intent upon entry is not a valid issue of concern in the AOS case of a the spouse of a US Citizen. Intending to adjust here or even as it appears she simply intended to "move here" with no understanding of how that is properly accomplished, has no impact on whether it's "totally legal to adjust here". Unless she has disqualifying factors we don't know about, like past criminal records etc. once she marries a USC, she's "totally legal to adjust here".

Independent of what people on these forums think of situations like the one in this thread, it is not the OPs responsibility to prove that she didn't have intent to immigrate at the time of entry. It would be USCIS' responsibility to show that there WAS intent. And, even in a case where USCIS could prove there was intent, intent alone cannot be used as basis for denial. There would have to be other negative factors against allowing the OP to become a permanent resident in the US to be able to live a joint life here with her USC husband. If there was suspicion of intent to immigrate to the US, CBP shouldn't have let her in the country.
I highly doubt they would have problems going through AOS. It is good to know the options, and the benefits and risks related to each scenario, but it's also good to stay grounded and realistic. I have never seen anyone denied for intent on these forums. Not saying it couldn't, or doesn't, happen - but it is pretty rare.

Did you read her post? She clearly stated she intended to return when she entered. She didn't misuse the VWP. She entered as a visitor and changed her mind after she got here, like MANY of the other people in this forum, my husband included.

It's probably not a big chance that they will accuse you of fraud at all. You posted this in the K-1 forum at first where people are more likely to tell you that this is wrong, and get all doom and gloom. At most they might ask you for evidence you intended to return, but that's probably not even likely.
If you didn't have the intent to marry when you entered, then you're fine. Get married, file AOS and live happily ever after.

I didn't include a copy of my social security card. I just put my number in the forms where they asked for it and included a copy of my birth certificate.
I really followed the instructions exactly. If they asked for the USC birth certificate, that's what they got. They didn't ask for a copy of my SS card, so they didn't get it.
I know most people say there's no harm in including extra stuff, and I guess there isn't, but there's also no need to clutter up your file with stuff they don't want.

So they don't have any way to really look you up unless they're intent on tracking you down by name.
What could happen is that they will look at how long you've been here and say "are you sure you never worked?" That's the time to tell them "yes, actually I did work in 2010 (or whatever.)"
Don't panic, what's done is done. Your story serves as a lesson for anyone else, so thank you for sharing it. This process is stressful enough without these added concerns.
Now, it's time to hope for the best, cross your fingers, pray (if that's your thing) and wait it out.
Edit: I just read Harp's reply above - and I like it. Have a new form ready to go.

Okay, Irish, mate...
We are trying to tell you gently that you are missing huge holes in your comprehension of this process. Some of your questions are like, "Do I have to boil water to make pasta?" Do you want us to tell you more loudly now? You are in dangerous territory here! You get no chance for appeal with the VWP so don't mess up on paperwork!
This is DIY site, with emphasis on D.
Of course, everyone starts off not knowing anything, but I don't think you have properly read the guide linked above. it seems at best you skimmed it.
YES, you need a medical done before you send the package!
YES, you need to send the I-485 along with it! That's the whole application to get the GC!
I will help you with one thing that is commonly misunderstood - your reason code in part 2 of the I-485 is A.
Really, you seem like a nice guy, so I hate to kick you a bit, but if you don't take this at least a bit more seriously and do some studying and figuring, you will fail. You don't want to waste $1500, right?
Do you have the right guide? It does not say a medical MAY be required, no how!
http://www.visajourney.com/content/i130guide2
It says you need: I-693, Medical Examination of Aliens Seeking Adjustment of Status
I mean... really? You think that says it might be required?

Coming for a "Visit" and bringing all your belongings? One big red flag. It sounds like this person is prepared to lie to the CBP officer regarding the purpose of the trip. 2nd big flag with potential lifetime ban consequences.
She may get in, or maybe she gets to wait in the airport holding area for the next return flight. Either way, the attorney will not suffer the consequences.

So, if you get asked about it in your interview, tell the interviewer this. I'm not saying to walk in there and just start spilling every dark secret you have. But if they ask you, assume they know all, and just be honest. Hopefully you'll get an understanding interviewer who will allow you to correct your mistake.

So, if you get asked about it in your interview, tell the interviewer this. I'm not saying to walk in there and just start spilling every dark secret you have. But if they ask you, assume they know all, and just be honest. Hopefully you'll get an understanding interviewer who will allow you to correct your mistake.

So they don't have any way to really look you up unless they're intent on tracking you down by name.
What could happen is that they will look at how long you've been here and say "are you sure you never worked?" That's the time to tell them "yes, actually I did work in 2010 (or whatever.)"
Don't panic, what's done is done. Your story serves as a lesson for anyone else, so thank you for sharing it. This process is stressful enough without these added concerns.
Now, it's time to hope for the best, cross your fingers, pray (if that's your thing) and wait it out.
Edit: I just read Harp's reply above - and I like it. Have a new form ready to go.

So, if you get asked about it in your interview, tell the interviewer this. I'm not saying to walk in there and just start spilling every dark secret you have. But if they ask you, assume they know all, and just be honest. Hopefully you'll get an understanding interviewer who will allow you to correct your mistake.

Ok, but it's already done. She can't change it now. Now she has to wait and make the best of whatever happens.
(But yeah, I wouldn't use that lawyer anymore.)

So, if you get asked about it in your interview, tell the interviewer this. I'm not saying to walk in there and just start spilling every dark secret you have. But if they ask you, assume they know all, and just be honest. Hopefully you'll get an understanding interviewer who will allow you to correct your mistake.

So, if you get asked about it in your interview, tell the interviewer this. I'm not saying to walk in there and just start spilling every dark secret you have. But if they ask you, assume they know all, and just be honest. Hopefully you'll get an understanding interviewer who will allow you to correct your mistake.

So, if you get asked about it in your interview, tell the interviewer this. I'm not saying to walk in there and just start spilling every dark secret you have. But if they ask you, assume they know all, and just be honest. Hopefully you'll get an understanding interviewer who will allow you to correct your mistake.

So, if you get asked about it in your interview, tell the interviewer this. I'm not saying to walk in there and just start spilling every dark secret you have. But if they ask you, assume they know all, and just be honest. Hopefully you'll get an understanding interviewer who will allow you to correct your mistake.

It's a kind of work visa. Can't you use google?

Yes, we have to decide quickly!
I just spoke with an immigration attorney who said that you should always wait 60 days before filing for an adjustment of status. I had not heard that before but he thought that was critical - more so than the actual real-world change in our plans (a trip turning into a desire to move) as it's objective instead of subjective. In other words there is evidence of the 60 day wait.

Agreed. IF you choose to file, file as soon as you have the paperwork together and your wife has gotten her medical done. She will need her birth certificate, which is probably in her home country - so get that mailed to you - and she should get her vaccination records too if she has those.
10 days, 30 days, 60 days, makes no difference. It seems to be some sort of an urban legend. Why would 50 days mean there was intent to file, but 60 days magically meant there wasn't? Sillyness, I say.

Yes. If you did not originally plan to and intent to come to the US to adjust status here, then you are eligible for AOS. If you had been specifically asked whether or not you were planning to file for AOS while in the US, and you had said no, at the time of your last entry, then I would be hesitant to do so. However, if the conversation at the border went as you described above, and you didn't originally intent to remain here to AOS, you can proceed to do so.
Just remember that your wife cannot return to Panama - or go anywhere else outside the US for that matter - for at least three months from when you file the paperwork.
If you choose to remain in the US, you don't only file the I-130, you'll also file the I-485 with it, along with all the supportive documents that are described in the instructions. The I-131 is for the Advance parole travel document, and I-765 for the temporary work document, EAD.
The VJ guide for the process is here: http://www.visajourney.com/content/i130guide2
It seems that you have to make up your mind fairly quickly.. so read through the guide, and have a discussion about what makes most sense for you. AOS within US will cost you altogether around $2,000, and takes roughly 4-6 months, unless the processing times have changed lately. CR-1 is cheaper, but takes longer, and your wife would spend most of that time in Panama.

They're not going to deny her for that suspicion, without even an interview.
And if it happens "all the time", I'd like to see examples.

Please provide evidence of WHO has been deported. Links to their posts would be best. The only ones I have heard of had serious negative factors in their cases.
This thread is an example of what happens when a question of AOS from non-family visa gets mistakenly started in the wrong forum. Most people who adjusted from K-1 or CR-1 understand that AOSing from other types of visas is legal and appropriate, but others just really have a hatred that it is allowed and insist on providing erroneous and inflammatory advice.