kehills

AFAIK, Spanish is well-spoken at the Philly airport. I doubt you will be granted a gate pass; even if they did, it wouldn't help, because passengers are filed into customs and you wouldn't be able to go that way (you're not entering the country, after all).
I'd simply give him good instructions about how to get from customs to baggage claim, and make it clear you'll meet him in a specific, easy to find spot. Will he have a cell phone that will work in the US with him? Can you spend some time going over the customs form with him before you leave, so he understands what to put where?

It sounds like you were denied for not having a bonafide relationship because you previously attempted to present her as nanny to work for you (and on a VISA that does not allow a person to work). It sounds like they're looking at it like you are trying to bring a long-term nanny you had from the Philippines to the US to work, skirting immigration rules.
You're being penalized now for having misrepresented your situation in the past; the CO likely assumed that your pictures were family pictures of a long-term nanny, not a fiancée or spouse.
I would add my recommendation to those saying you're going to need a really good immigration attorney to get through this. Start looking now, so they can advise you on the best path forward.

Since you two are already talking getting married, you have two legal options:
1. K-1 all the way
2. Visitor visa, get married, then he returns and you file for a CR-1 visa.
Coming here on a visitor visa and getting married and him staying and trying to AOS is visa fraud and could face a lifetime ban.
Your gamble.

Getting married in the US with a tourist visa and having had plans to do so is NOT fraud.
Getting married in the US with a tourist visa and STAYING in the US afterwards, and having planned to do so IS fraud.
Your legal options are thus, djgirl:
Option 1) You can apply for a K-1 Visa and adjust his status to CR-1 after the wedding. You must get married within 90 days of activating a K-1.
Option 2) Get married in the US on his tourist visa. He RETURNS TO HIS COUNTRY and you file for a CR-1. He must wait IN HIS COUNTRY for the CR-1 (or in another country that is NOT the United States).
Those are your only two options. Marrying on a tourist visa and him staying in the US is not an option if you plan to do it. You cannot plan that and do it legally. And they check for ANY trace that you might have planned it. So don't commit fraud.

Planning to get married with a tourist visa before he stepped the foot on the US soil is considered a fraud.

None of us here are experts on relationships........thats kind of a personal thing you have to work thru on your own..........with that being said with the information you have provided if i was in your shoes i would run fast in the opposite direction.....the school of hard knocks has taught me love dont cure everything and if there are issues big enough to make you doubt the feelings and dedication to you from your partner chances are that you should just move on
sara

Yes, people come and get married in the US and then return to their own country while their spouse petitions them with I-130. No need to do K-1 if you're not going to stay and adjust status.

Unfortunately, he is absolutely correct though.
The NVC is the absolute worst part of the immigration process right now, in my opinion, for married couples. I sent an email to the NVC to correct my wife's and my name and address that THEY messed up entering on around August 15th....I got a reply from them finally this past Friday..the same day we got home from picking up my wife's visa from the courier.
There isn't any instant solution for your situation. It's a tragedy that your husband's relative passed away, but in all honesty, now you are going through the proper steps you should have gone through like every other married couple on this forum.
Your best bet at this point is to state your case to the NVC so they can forward it to the consulate and hope you have a compassionate Consular Officer who will approve it.

No. Just experienced.

Certainly no harm in seeking an expedite, but do not assume you will get one, not the most compelling case I have seen.
An expedite just speeds a very slow process to slow, does not deal with presumably your current situation needing child care.

The reason is irrelevant, as is the VWP entry.

You must marry in the US within 90 days of entry using the K-1 visa. It is a one-time entry visa. Once you use it to enter, you need to marry within 90 days and then file for adjustment of status. You cannot leave the US without marrying, filing for AOS and receiving AP or the green card first, or you will abandon your eligibility to adjust status in the US to permanent residency.
http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas
http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant
If you want to marry abroad, then the K-1 is not for you. Get married abroad and then file for a CR-1 spousal visa.

Thanks Boiler my bad,just noticed now that she did not file yet.
I am working, read fast and I just noticed now that you did not submit your AOS yet. Well you might need a waiver to overcome inadmissibility.Time to see a Lawyer.

The way I read it they have yet to file, the initial issue is with the VWP entry. Not the first time someone has an iffy VWP which bites them when they go for immigrant status.

Esta asks about CIMT's.
This may be one.
There is an in country I601 which may be needed.
There is a fair amount of paper work you need to obtain which will include your criminal history. Then you need a Lawyer who handles waivers. Well at least initially a consultation with one.

I believe ESTA form only checks if a name is on blacklisted and it doesn't check your background. Chances are USCIS will find out your arrest record. I don't know much about caution but an arrest needs to be listed on USCIS. I would recommend you to consult an experienced lawyer, your case is not safe for DIY. Good luck.

The question was "Were you arrested... ?" and it's a simple yes/no question, there's no "I didn't have to disclose...". If you were ever arrested, answer to this is always yes, regardless of whether the record is expunged or something else happened to it.
You will have to answer same question during AOS on I-485, and your previous answer may be treated as material misrepresentation which typically carries lifetime ban. Second answer above, find a lawyer.

I think a consultation with a good immigration lawyer is in order. Good luck.

An internal company move has a lot of advantages.

you can;t simply call immigration to get him sent home, it doesn;t work that way.

If you want to divorce him then simply divorce him and withdraw the I-864. End of story.
You aren't immigration and can not deport him neither can you call immigration to have him 'picked up' and returned like a fed ex package.

I've already said twice I am not judging her relationship.
For all I know he's been awful to her which is why she feels like this.
I'm replying to the comments about wanting to send him away and calling immigration.
(And now I see this is before she even tells/told him she wants a divorce)
One cannot do that.
To call immigration on someone you brought over to marry not matter the circumstances is wrong.
If my husband did that to me no matter what I did would break me in half.
Anyway.
You need to tell him you want a divorce, get a divorce lawyer, and withdraw your support.
Best bet is to call uscis and get information from them on what to do.

First of all, that is horrible.
coming from a fiances point of view you cannot turf us away and send us away like an unwanted puppy.
also wanting to call immigration on us? I am lost for words.
I won't judge on you because I obviously don't know your reasons for wanting a divorce, but it gets sad when I see people treating those of us
who come over in what was good faith be treated like you can send us back like a gift you didn't like.
If you divorce BEFORE AOS is approved then yes this person will probably be deported.
You have to contact USCIS and withdraw your support/application.
Someone should be along to explain it better.

From many years of HR experience I would suggest taking the time to look for a job with another company while they are 'postponing' your start date. Usually when a company is willing to break the law and not follow what they are Federally regulated to do, there is a good chance you may have many more issues with them on other things down the road. This isn't about them not understanding immigration law, it's about them intentionally disregarding the requirements of a very simple I-9 form. Just my 2 cents.

Exactly! You would win the battle by suing them but you would lose the war. And, even if they were forced to let you continue working there, it would only be until enough time had passed that they felt comfortable in finding a new reason to let you go. And, in at-will employment states (almost all of them), that reason can be just about any petty thing that they can think of.
On the other hand, knowing that this employer is willing to break the law by demanding documents that you are not required to supply to them in the face of clear, unambiguous, written documentation on the very same Federal form whose requirements they are claiming to uphold, I'd keep my options open and continue looking for a workplace that plays by the rules.