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OK. If she is here then you can proceed to AOS. However your first sentence in your first post was confusing. Possibly due to a typo? Also when you said this... it makes it seem as if she is not in the US because she should already be aware of how much time she has in the US if she has gone through customs or she can check her duration of stay via her I-94. Still not allowed in this forum. Doesn't matter who is planning or if they are using the the plausible deniability tactic. Do not discuss fraudulent activity on this site.. period!

Reminder, it is against the site's TOS to discuss fraudulent activity in this forum. The OP stated that their partner is not currently in the US and is planning on visiting soon. This does not qualify for adjustment of status. Visajourney does not condone doing things fraudlently. VJ Moderation

It is very risky because it is fraud. If your partner is not in America already then you can not plan to have he or she come on a tourist visa to adjust status.

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Looking at the big picture here, I think you should take the opportunity to educate your wife and bring her expectations of the amount of time it will take before her daughter and her daughter's family is here. You already know that your wife has to be a citizen to file for a married son or daughter. But based on wanting to bring the grandson over to start school, he may very well be pass the age of grade school by they all get a visa to immigrate. A student visa is an option but requires sufficient proof of funds. It is best to let your wife know that her expectations of bringing them here soon is not realistic. It may be painful for her to hear it now but, trust me, it is much better than her harboring unrealistic hopes for the next few years. Also, as a moderator, I am glad to see you recognize the SIL is trying to do things fraudulently and would not like to participate. VisaJourney does not condone or allow conversations of this nature, so outside of the advice you have gotten about doing it the legal way, there is not many options left for your wife.

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It is not just the previous marriage they will have questions about. They will also dog into the current relationship. Who is the new fiance and how did they meet? How long has your friend known this other person? Is she from the same country as your friend? If so, did he know her before or during his marriage? Was he in contact with her at all during his marriage? He can have evidence from his first marriage but they will look to see if the first marriage was just a means to an end to bring the current woman to the US.

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Hard stop right there. The answer is, yes you have to be honest. It does not matter what comes after that question... you asked, the answer is, and will always be, "Yes, you have to always be honest." Absolutely do not do this. Never lie to immigration. And we do not condone this type of activity here. You don't have volunteer the information, but if asked he has to tell the truth Also, your letter did not help. Letters of invitation like the one you wrote hold no value. So it likely did not do anything to help his situation. It is mostly a waste of time writing them. Lastly, if his circumstances has not changed since the last interview, he can expect the same result. He is still unemployed with no previous travel history and a American grilfriend. He is considered a high risk.

There is nothing to expedite. The process for visitor visa is already pretty fast, considering. The long wait times are because there are no available time slots. Embassy all over are backlogged. There are emergency situations where an applicant can ask for an emergency appointment. Things like operations and death of a family member and such. But your mother does not have an emergency. They will not consider her wanting to come to see you give birth an emergency. Your mother should still apply for her renewal. It may be possible for her to get a renewal without an interview. But no guarantee she will be eligible. A technique that seems to work is checking available slots that are earlier than her original interview date. This requires constantly checking the interview schedule numerous times a day. Conngrats and best of luck.

Your timelines are not correct. Only the first part (the petition) of the CR1 is approved around 10 or so months. There are other phases after that. The CR1 is taking 1.5 to 2 years to compete before a visa is issued.

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And this is one of the problems with expedites lately. Too many people are requesting. Now expedite request are taking long time to get responses. There was a point where requesting an expedite was advised as an option. But we are seeing more expedites being denied. Probably for the reason of frivolous requests. You are not alone in your feelings. You ever heard the phrase, "You are not stuck in traffic...you are part of it." You can't show what you don't have. You can show those things you listed but they are not considered a valid reason. And you certainly can not make up an emergency situation. Technically, all you can do is apply with what you have and see. No judgement from me. You are on a site where everyone has the same sentiment..."tired of waiting". You are free to apply for an expedite. Just do not get your hopes up about it. There are also threads here where people share tips and advice on how to overcome the anxiousness of waiting. But for now, the only help you can get with an expedite is, "file and see". There is no magic formula of evidence we can provide you. If it was a legit emergency like medical reasons then obviously there would be more to the answer.

How long has he overstayed?

Seems you had everything you could possibly show. The only thing I would say was the invite from your mother was not needed. Contrary to what many foreigners believe Invitations do not hold value when apply for a B2. Not to mention, an invitation from your mother does not show a strong tie to your husband's country. Unfortunately, the same thing will happen at any other embassy. I have seen maybe 1 or 2 times where someone mentioned that the officer actually looked at evidence brought. Almost all of the results are given with the officer having no interest in viewing documents or evidence. No matter what embassy or country, it seems to mostly be this way. This has led to the assumption that the decision is probably made before the person even faces the interviewing officer.

It can be 6 months per visit. Or it can only be 2 weeks. The border agent will decide how long the visiting foreigner can stay per visit. Now if you want you wife to visit often, it will cause problems down the road. If she comes too often and stays too long she will be denied entry and/or possibly have her visitor visa taken away.

Wow. If this goes through it will hit a lot of people's pockets hard. The whole budget for K1 from the petition to ROC is going to be crazy. My pondering thoughts... Is this an attempt to curb AOS from nonimmigrant visas? Is this an attempt to push more applicants towards the more superior spousal visa over the fiance visa? Is there a shake up to bring processing times down?