aussie_jason

1. Legal
2. Illegal

Luck
Will run out.

VisaJourney does not qualify?

Stop giving bad advice! Nobody has overstayed and no adjustment of status has been filed for, the OP and his wife were just naive about the immigration process with wanting to do something thoughtful for their nephews/nieces and got stopped in their tracks when trying to get an I94 number from CBP for whatever form they were trying to fill out. Now they have been corrected and know the correct process if they wish to follow it.

Stop giving bad advice! Nobody has overstayed and no adjustment of status has been filed for, the OP and his wife were just naive about the immigration process with wanting to do something thoughtful for their nephews/nieces and got stopped in their tracks when trying to get an I94 number from CBP for whatever form they were trying to fill out. Now they have been corrected and know the correct process if they wish to follow it.

Stop giving bad advice! Nobody has overstayed and no adjustment of status has been filed for, the OP and his wife were just naive about the immigration process with wanting to do something thoughtful for their nephews/nieces and got stopped in their tracks when trying to get an I94 number from CBP for whatever form they were trying to fill out. Now they have been corrected and know the correct process if they wish to follow it.

I think USCIS just needs to better define what a bona fide marriage really is.

Stop giving bad advice! Nobody has overstayed and no adjustment of status has been filed for, the OP and his wife were just naive about the immigration process with wanting to do something thoughtful for their nephews/nieces and got stopped in their tracks when trying to get an I94 number from CBP for whatever form they were trying to fill out. Now they have been corrected and know the correct process if they wish to follow it.

Free immigration lawyers? Surely you jest...
This is the process - http://travel.state.gov/content/visas/english/study-exchange/student.html
As another poster stated and the above link states you cannot attend public elementary or high school on a F1 visa (although oddly if you are a dependent of someone on a F1 visa you can), your wife's petition for her brother will take something like 10 years so that is not relevant to this process. Basically the kids must return to Peru, the kids need to be accepted to a private school here, the school needs to provide an I-20 and then a F1 visa can be applied for, then an interview at a US consulate and then they can get their visa to return and study.

This isn't a bragging competition, no need to make it one.
Lets get back to the facts for a moment and consider what the worst case scenario would be:
CBP receives a call from a USC wanting an I-94 number for a relative, for some reason that leads to the USC explaining why they want the I-94 number and the CBP officer gets irate as they can't legally do what they wish to do, the conversation goes nowhere as a result and then the CBP officer puts a note in the files for each of the quoted passport numbers.
Nobody has overstayed, nobody is out of status and nobody has filed for anything that they can't legally file for. Even when CBP have put a "Can not adjust" in people's passports there have been cases of their AOS still being approved so I can't see how the OP and his wife being naive and asking for I-94 numbers will be the huge red flag all of you are making it out to be.

This isn't a bragging competition, no need to make it one.
Lets get back to the facts for a moment and consider what the worst case scenario would be:
CBP receives a call from a USC wanting an I-94 number for a relative, for some reason that leads to the USC explaining why they want the I-94 number and the CBP officer gets irate as they can't legally do what they wish to do, the conversation goes nowhere as a result and then the CBP officer puts a note in the files for each of the quoted passport numbers.
Nobody has overstayed, nobody is out of status and nobody has filed for anything that they can't legally file for. Even when CBP have put a "Can not adjust" in people's passports there have been cases of their AOS still being approved so I can't see how the OP and his wife being naive and asking for I-94 numbers will be the huge red flag all of you are making it out to be.

Lets look at this from the perspective of USCIS for a moment:
- Someone is visiting the US on a B2 visa from a country that has recently suffered from a lot of civil unrest, they would have been admitted by CBP for a max of 6 months but they could have extended that through ELIS while in the country but they likely don't have that long left on their period of authorized stay
- They meet a USC citizen
- Date for a "short time"
- Get married at what appears to be a civil ceremony with just the required one witness
- File for AOS
To prove their marriage is bona fide they provide a long list of accounts, insurance and other paper work that people can generally be quickly added to (and usually just as quickly removed from) along with the marriage certificate, a small number of photos and some "cards from family". The OP's family apparently lives in the US but her husband is yet to meet them due to financial reasons yet here they are in the middle of AOS and with a lawyer.
Don't get me wrong I'm not questioning whether the marriage is bona fide or not but if you look at it from the point of view of USCIS then I'm not surprised they were given a hard time at the interview.

Carry your passport and the I797 for your I-485 though so you never know what might happen.

That was why she was granted the B2 in the first place, so they weren't separated.
Taking your example further this would be like taking a leave of absence before a planned turnaround at a refinery with the expectation that you would return in time for the turnaround but extending your vacation to avoid the turnaround, nothing has changed in this situation except for the OP wanting to skirt the proper process.

That was why she was granted the B2 in the first place, so they weren't separated.
Taking your example further this would be like taking a leave of absence before a planned turnaround at a refinery with the expectation that you would return in time for the turnaround but extending your vacation to avoid the turnaround, nothing has changed in this situation except for the OP wanting to skirt the proper process.

That was why she was granted the B2 in the first place, so they weren't separated.
Taking your example further this would be like taking a leave of absence before a planned turnaround at a refinery with the expectation that you would return in time for the turnaround but extending your vacation to avoid the turnaround, nothing has changed in this situation except for the OP wanting to skirt the proper process.

There are several ways to expedite an I-765, they are by no means guaranteed but there are ways to try.

At an absolute minimum you are looking at 30 days before even trying an expedite.

Why would the first thing that crossed your mind in such a situation be to ask about VAWA on an online forum?

Yes, that is the correct way to do it.

By "the firm" I assume you mean a lawyer was the one who actually sent off the package. Do you trust that they truly did send it on Feb 20? Do you have the tracking number or anything? I am not trying to say they lied, but I have read several times on the forums here of lawyers who claim they sent files, then on followup admitted that they either (a) sent them later than they reported or (b) never sent them at all.
I would start inquiring with that "firm" and see if they provide proof that they really did send it. If so, yes, you'll just have to wait I think. Sorry it's taking so long for you!

I think USCIS just needs to better define what a bona fide marriage really is.

Why would the first thing that crossed your mind in such a situation be to ask about VAWA on an online forum?

The rule of thumb is 2 weeks.

If you are a resident then the answer is no - http://www.irs.gov/Individuals/International-Taxpayers/Withholding-Federal-Income-Tax-on-Scholarships,-Fellowships,-and-Grants-Paid-to-Aliens