scorpio232

You need to marry within 90 days.. Then file the I-130.. That will buy you 3 months to file the AOS.. if you do not have everything filed within 6 months total.. you are illegal in the U.S.. Nothing is more important that your legal rights of being here... So, whatever you got going on you need to make it wait unless its rent.... Pay rent then pay for your AOS... Anything else going on in your life should wait or be replaced....

O

Mark H and type pending I-130 spouse of U.S Citizen .arrived on B-1 status

You arrived in the U.S on a Non Immigrant Visa.. or the Visa Waiver Program for citizens that does not need a tourist visa to enter the U.S.. You got married in Las Vegas and you do not wish to leave. Your wife is filing the I-130 with your I-485....

You must mark ( H ) and type you have a pending I-130 Spouse of U.S Citizen that is filed jointly with the I-485. And it ask your status of entry you put your tourist visa number or I-94 number from your POE card in your passport. and send a photo copy of it with the petition.

If your I-130 has already been approved.... Then you do not need to file the AOS your green card is coming in the mail. You do not have to adjust status.. You are an Immigrant with a permenant resident card now... Unless you have to go to the Interview out of the U.S.. Once you do that when you come back your greencard will be in your hands... I am trying to see what you are trying to say

nope we beginn(!) filling both right now. nothing approved yet. the guide for the I-130 says file noth together. so i dot know which application type i should mark in the I-485

Now I understand you are filing the I-485 now with the I-130? You arrived on the K1 Visa and got married correct? If so, then you mark C box

And along with that you need to file the I-131 advance parole if you wish to leave the country while it is pending... this way you are not considered abandoning your petition... File the I-765 For the EAD Card.. Your temporary permit is only for 90 days so if you wish to work you need to file this too.

You need first explain how you got into the U.S and got married.. If you are not a K1 or K3 then you need to mark ( H ) and type the reason you qualify for the change. Say you came on a tourist visa and you was going to return but your fiance wanted to marry and you did and she does not want you to leave so you are filing for change of status because you have a pending I-130...

HI there!

I'm filling out the I-485 now and am confused about the second part: application type.

im NOT a K1/K3 so its not c).

"I entered as a K-1 fiancé(e) of a United States citizen whom I married within 90 days of entry,or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e) petition approvalnotice and the marriage certificate)."

my usc wife is filing I-130 while i AM IN THE USA. so i guess im B)

"my spouse or parent applied for adjustment of status or was granted lawful permanent residencein an immigrant visa category that allows derivative status for spouses and children"

because a) would suggest the I-130 is already approved but we will file that as one package.

"an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)"

please help me here urgent!

Andy & tracey

If your I-130 has already been approved.... Then you do not need to file the AOS your green card is coming in the mail. You do not have to adjust status.. You are an Immigrant with a permenant resident card now... Unless you have to go to the Interview out of the U.S.. Once you do that when you come back your greencard will be in your hands... I am trying to see what you are trying to say....

If your wife is filing the I-130 while you are in the U.S.. Then you need to mark... © (9)

Colleen

They do have the photos you submitted with the K1 at the Embassy Interview, cos I saw ours when I was being interviewed

Thanks Amanda-as good-looking as we are I didn't want to bring duplicates

I will just bring ones I didn't submit with the original petition. God knows I have tons!!!!!!!!!!

And yes they do have your photo on file.. not in your face so you see it.. but they have it.. You filed the I-129F and you have to submit the biographic form with it... and you had to submit a photo of both you and your fiance.. They have your photo on the system and got access to it... I tell you what.. Have Habib go there as your fiance with all your documents and see if they make him the Visa with your fiance information..

then you will know if they truly have it on record or not...

Mary,

A consular officer or USCIS officer always has the right to ask for the original of photocopied documents to verify the photocopy. Is this what your husband's interviewers were doing - comparing submitted photocopies to originals?

Yodrak

.... At his interview he was seen by three persons at the embassy. They did look to see if his copies matched those submitted here in the states. ....

Mary

Yes, documents filed with the petition... not copies of the petition itself... get it right Yodrak.... They do not ever ask for copies of the petition filed itself.. but they do ask for photo copies of passports, divorce papers, police records,,, ect.. but not the I-129F.... get it right..

Scorpio,

When posting/mailing anything i.e. documents, letters etc it is always prudent to retain a copy for your own records. This is not just in relation to USCIS. It's just common sense!

MAND,

ITS COMMON SENSE TO KEEP A COPY OF WHATS WOULD BE VITAL TO YOUR CASE.. THAT WOULD BE THE APPROVAL NOTICE NOT A BUNCH OF PAPERS THAT WAS SENT OUT..... THAT IS WHY IN THE INSTRUCTIONS IF YOU READ THEM IN THE PACKET 3 STATES TO HAVE THAT AT YOUR INTERVIEW. IF IT SAID BRING THE COPY OF YOUR ENTIRE PACKET .... IT WOULD SAY THAT... HELLO.......

I sent my husband all the copies of everything with photos. At his interview he was seen by three persons at the embassy. They did look to see if his copies matched those submitted here in the states. I had the whole packets clipped separated since I was CR1 with the NOAs on top. And then he had the evidence as well and they looked at it at window 2; and CO flipped thur it but did not spend time going over it. So each consulate may work different, but I would rather be safe than sorry.

Mary

IF IT WAS MANDATORY TO HAVE IT THEY WOULD PUT IT IN THE PACKET 3 OR 4 INSTRUCTIONS TO BRING A COPY.. THEY ONLY STATE BRING YOUR APPROVAL NOTICE... THAT ALONES IS ALL YOU NEED. IT CAN NOT BE DISPUTED.. THEY LOOKED AT IT BECAUSE YOU HAD IT.. BUT THEY DID NOT ASK YOU TO SHOW IT TO THEM TO SEE IF IT MATCHED..... THEY GOT WHAT YOU FILED FROM NVC... THEY KNOW WHO YOU ARE AND THEY HAVE A PHOTO OF YOU.. THEY ONLY WANT THE APPROVAL NOTICE....

No you will have to send this copy or another copy to your fiance. Your supposed to make two copies in case one is lost, one to submit for your finace or spouse. Good luck and just make a copy of yours or send it to them with all other evidence and NOAs for their interivew. Good luck.

Mary

yep

I made 2 copies, I gave one to my fiance & I have the other one. I also gave him the originals for the interview.

good luck

I have a question...............will they have the photos I submitted for the k-1 at the interview? I made copies of all the photos I just didn't want to bring the same ones if they are already going to be looking at them. I had planned on bringing them as well as ones I did not submit anyway. I am just curious

IT IS NOT MANDATORY TO HAVE A COPY OF THE I-129F PACKAGE YOU FILED.... THEY DO NOT NEED IT AT THE CONSULATE.. YOUR APPROVED ACTION OF NOTICE OF THE I-129F IS ALL YOU NEED TO SHOW. THATS JUST A WASTE OF PAPER.

No you will have to send this copy or another copy to your fiance. Your supposed to make two copies in case one is lost, one to submit for your finace or spouse. Good luck and just make a copy of yours or send it to them with all other evidence and NOAs for their interivew. Good luck.

Mary

THAT IS JUST A WASTE OF TIME AND PAPER... THEY DO NOT NEED IT BECAUSE WHEN THEY SEND YOUR CASE TO THE CONSULATE, THEY HAVE THE COPY OF EVERYTHING THAT WAS FILED. YOU ONLY NEED YOUR ORIGINAL APPROVAL NOTICE OF THE I-129F... THATS ALL THE PROOF YOU NEED..... AND PHOTOS OF YOU TOGETHER FOR THE INTERVIEW OF COURSE...

9 FAM 42.81 N1 Visa Issued or Refused if Application Properly Completed and Executed

(TL:VISA-66; 9-30-92)

There are no exceptions to the rule that once a visa application has been properly completed and executed before a consular officer a visa must be either issued or refused. For statistical and comparison purposes, all posts should follow the identical refusal procedures and report refusals the same way in their required reports of visas issued and refused. [see FAM 9 PART IV - Reports.] Accordingly, any alien to whom a visa is not issued by the end of the working day on which the application is made, or by the end of the next working day if it is normal post procedure to issue visas to some or all applicants the following day, must be found ineligible under one or more provisions of INA 212( a), 212( e), or 221( g).

(INA 221( g) is not to be used when a provision of INA 212(a) is applicable.)

This requirement to find an applicant ineligible when a visa is not issued applies even when:

(1) A case is medically deferred;

(2) The post requests an advisory opinion from the Department;

(3) The post decides to make additional local inquiries or conduct a full investigation; or

(4) The only deficiency is a clearance from another post. There is no such thing as an informal refusal or a pending case once a formal application has been made.

9 FAM 42.81 N2 Notice of Denials

(TL:VISA-66; 9-30-92)

If the consular officer determines an alien to be excludable under INA 212( a), the consular officer shall provide the alien with a timely written notice that states the determination, and lists the specific provision or provisions of the law under which the alien is excludable.

9 FAM 42.81 N3 Guidelines on Grounds for Refusals

(TL:VISA-66; 9-30-92)

Guidelines for determining the applicable INA provisions as grounds of refusal in varying circumstances follow:

(1) When a spouse or child of the principal alien is ineligible for a visa and the principal alien and remainder of the family decide to wait until the ineligible person has overcome the ineligibility, the spouse or child should be refused under the pertinent section( s) of INA 212( a), 212( e), or 221( g). The remainder of the family should be refused under INA 221( g).

(2) When the principal alien only is ineligible, the principal alien should be refused under the pertinent grounds of INA 212( a), 212( e), or 221( g). Other family members should be refused under INA 221( g).

(3) When an applicant is delayed for suspected tuberculosis, the applicant and family members who wish to wait and travel with the applicant should be refused under INA 221( g). If further tests indicate ineligibility under INA 212( a)(1)( A)( i), a new refusal under that section should be made for the afflicted applicant only.

(4) When a case is deferred for the results of an advisory opinion, an investigation, an inquiry, or a clearance, the principal alien and family members should all be refused under INA 221( g). If subsequent information calls for refusal under INA 212( a), a new finding should be made under the pertinent section only for the applicant concerned.

CLICK LINK BELOW TO SEE LAW ON INELIGIBILITY FOR VISA, IF EVERYTHING INSIDE THIS LINK DOES NOT APPLY TO YOU.

YOU WILL BE ISSUED YOUR VISA WHEN YOU HAVE YOUR INTERVIEW AT THE CONSULATE AND YOUR DOCUMENTS ARE PREPARED THE WAY THE CONSULATE REQUEST THEM AND YOU HAVE EVERYTHING THAT WAS ASKED OF YOU TO BRING TO THE INTERVIEW.

INA 212 (A), (E)

9 FAM 42.81 N4 Reconsidering Refusal

9 FAM 42.81 N4.1 Applicant Has 1 Year To Overcome Refusal to Avoid New Fee

(TL:VISA-3; 8-30-87)

Under 22 CFR 42.81( e) a refused alien need pay no new application fee if evidence is presented overcoming the ground of ineligibility within 1 year of the date of refusal.

9 FAM 42.81 N4.2 No New Fee Required in Certain Other Cases

(TL:VISA-66; 9-30-92)

See FAM 9 section 9 FAM 42.67 N1.

9 FAM 42.81 N4.3 Reconsidering Refusal After 1 Year

(TL:VISA-3; 8-30-87)

As long as the applicant is still entitled to visa status, reconsideration may be given to the case at any time. If more than1 year has elapsed, however, a new application and fee must be taken prior to the approval of the case and to the issuance of a visa. [see 22 CFR 42.43, Revocation of Petitions and 22 CFR 42.83, Termination of Registration.]

This post has been edited by scorpio232: Yesterday, 02:34 PM

sorry,.. I meant.. for the K-3 applicant must get the EAD Card.. but if you are a K-1 then you can apply for the SS Card without the EAD and start working NOW>.... It is stupid that the K 3 must apply and wait for the EAD Card.... they are already married to the U.S Citizen.. what logic they had when they changed this rule....

Sorry, but you are misunderstanding the SSA new rule... You are allowed to get the SSN# but you must still have the EAD card.. If an employer hires you and you do not have the EAD card.. They will get in trouble by the U.S Government.

When you apply for work.. You need to show the authorization card along with the SS Card... The SS Card alone is not enough...

They did this only to speed up their end... You still can not work without the card..... You can use the card to open accounts get a drivers license and other things. But you are NOT allowed to work with until you have the EAD card in Hand...

Being Paroled means given permission to leave the U.S and not assumed you abandoned your I-485. If you wish to leave the country you need to file the I-131 if you do not have this and leave and you are a K-1 applicant or an AOS cause of other reasons.. NOT K3.. but other reasons.. Then you will be considered abandonment of your petiton and can be denied... You need permission to leave the U.S

9 FAM 42.81 N1 Visa Issued or Refused if Application Properly Completed and Executed

(TL:VISA-66; 9-30-92)

There are no exceptions to the rule that once a visa application has been properly completed and executed before a consular officer a visa must be either issued or refused. For statistical and comparison purposes, all posts should follow the identical refusal procedures and report refusals the same way in their required reports of visas issued and refused. [see FAM 9 PART IV - Reports.] Accordingly, any alien to whom a visa is not issued by the end of the working day on which the application is made, or by the end of the next working day if it is normal post procedure to issue visas to some or all applicants the following day, must be found ineligible under one or more provisions of INA 212( a), 212( e), or 221( g).

(INA 221( g) is not to be used when a provision of INA 212(a) is applicable.)

This requirement to find an applicant ineligible when a visa is not issued applies even when:

(1) A case is medically deferred;

(2) The post requests an advisory opinion from the Department;

(3) The post decides to make additional local inquiries or conduct a full investigation; or

(4) The only deficiency is a clearance from another post. There is no such thing as an informal refusal or a pending case once a formal application has been made.

9 FAM 42.81 N2 Notice of Denials

(TL:VISA-66; 9-30-92)

If the consular officer determines an alien to be excludable under INA 212( a), the consular officer shall provide the alien with a timely written notice that states the determination, and lists the specific provision or provisions of the law under which the alien is excludable.

9 FAM 42.81 N3 Guidelines on Grounds for Refusals

(TL:VISA-66; 9-30-92)

Guidelines for determining the applicable INA provisions as grounds of refusal in varying circumstances follow:

(1) When a spouse or child of the principal alien is ineligible for a visa and the principal alien and remainder of the family decide to wait until the ineligible person has overcome the ineligibility, the spouse or child should be refused under the pertinent section( s) of INA 212( a), 212( e), or 221( g). The remainder of the family should be refused under INA 221( g).

(2) When the principal alien only is ineligible, the principal alien should be refused under the pertinent grounds of INA 212( a), 212( e), or 221( g). Other family members should be refused under INA 221( g).

(3) When an applicant is delayed for suspected tuberculosis, the applicant and family members who wish to wait and travel with the applicant should be refused under INA 221( g). If further tests indicate ineligibility under INA 212( a)(1)( A)( i), a new refusal under that section should be made for the afflicted applicant only.

(4) When a case is deferred for the results of an advisory opinion, an investigation, an inquiry, or a clearance, the principal alien and family members should all be refused under INA 221( g). If subsequent information calls for refusal under INA 212( a), a new finding should be made under the pertinent section only for the applicant concerned.

CLICK LINK BELOW TO SEE LAW ON INELIGIBILITY FOR VISA, IF EVERYTHING INSIDE THIS LINK DOES NOT APPLY TO YOU.

YOU WILL BE ISSUED YOUR VISA WHEN YOU HAVE YOUR INTERVIEW AT THE CONSULATE AND YOUR DOCUMENTS ARE PREPARED THE WAY THE CONSULATE REQUEST THEM AND YOU HAVE EVERYTHING THAT WAS ASKED OF YOU TO BRING TO THE INTERVIEW.

INA 212 (A), (E)

9 FAM 42.81 N4 Reconsidering Refusal

9 FAM 42.81 N4.1 Applicant Has 1 Year To Overcome Refusal to Avoid New Fee

(TL:VISA-3; 8-30-87)

Under 22 CFR 42.81( e) a refused alien need pay no new application fee if evidence is presented overcoming the ground of ineligibility within 1 year of the date of refusal.

9 FAM 42.81 N4.2 No New Fee Required in Certain Other Cases

(TL:VISA-66; 9-30-92)

See FAM 9 section 9 FAM 42.67 N1.

9 FAM 42.81 N4.3 Reconsidering Refusal After 1 Year

(TL:VISA-3; 8-30-87)

As long as the applicant is still entitled to visa status, reconsideration may be given to the case at any time. If more than1 year has elapsed, however, a new application and fee must be taken prior to the approval of the case and to the issuance of a visa. [see 22 CFR 42.43, Revocation of Petitions and 22 CFR 42.83, Termination of Registration.]

You send back the DS-230 Part I, OF169 if you got this form, DS-2001 form, a photo copy of your passport.

The I-134 form goes to the USC to fill out and need to send back to you with 3 years of tax returns. You keep them Along with the DS-230 Part II and other required documents to gather for your Interview. All other documents are kept until your Interview..

hi everybody..

I am in USA with k3 visa and I came here last december.

I have a serious question here... Today I came to know from one of my friends that if I dont file AOS before 90 days of my stay here that I wont get GREEN CARD but I can just stay... This is really confusing... I cant understand this 90 DAY thing.. Can anybody explain this to me....

its really urgent..

Ok i'm not sure about the 90 day rule but i do know this, when your k3 visa expires and you have not filed a AOS petition USCIS will deny you an extension, and you will be forced to go back to your home country.

reason

by not filing an AOS petition you show no intention of persuing a green card thus USCIS will deny your k3 visa extension...

what you need to do is immediatly have your spouse file the I-485 petition for you and before your k3 visa expires (i think 90 days before) apply for a extension for your k3 visa so you can wait till your AOS petition is completed processing. Also, try getting help from an immigration lawyer He or she can assist you better in determening the right actions for you to take but be sure before your k3 visa runs out you have that AOS petition filed or you will be in serious trouble

You do not have to do that either..... They will give you an extention on your K3 if your I-130 is not approved before the K3 Expires.... Regardless... If you did take her advice and file the AOS then you DO NOT have to extend your K3 Visa.. Because you have the AOS pending... And you can still live here and work.. But if you wish to leave the country.. You will need to file for Advance Parole I-171..... But, do not worry.... If you are coming close to your expire date just get an extention on the K3 if you are wishing to get the Immigrant Visa in your country at the Interview.... You do not have to AOS... More likely your I-130 will be approved before that even happens... They are being approved in 6 months or so.... Relax.....

hi everybody..

I am in USA with k3 visa and I came here last december.

I have a serious question here... Today I came to know from one of my friends that if I dont file AOS before 90 days of my stay here that I wont get GREEN CARD but I can just stay... This is really confusing... I cant understand this 90 DAY thing.. Can anybody explain this to me....

its really urgent..

There is no 90 days AOS requirement for K-3. The 90 days requirement only applies to K-1. You can file for AOS anytime within 2 years of entering the US on a K-3. Your friend is incorrect or don't know about K-3.

DO NOT LISTEN TO HIM.. HE DOES NOT KNOW WHAT HE IS TALKING ABOUT EITHER... ONLY PART OF WHAT HE IS SAYING IS CORRECT... IF YOU DO NOT WANT TO FILE FOR AOS.. YOU DO NOT HAVE TO AT ALL... YOU CAN CHOOSE TO GO BACK FOR YOU IMMIGRANT INTERVIEW ONCE THE I-130 IS APPROVED AND COME BACK AS AN IMMIGRANT.. ITS A CHOICE YOU DO NOT HAVE TO ADJUST STATUS.

removed per violation of TOS.

But isn't it I have to be a citizen first before I can petition him?

I mean I know I can file for I-130 but me being an LPR, it will be a 4-5 year wait. Compared to me being a citizen first then filing K3 which will be a 6-10 mos process.

I migrated as a dependent of an F2B case. I need 5 years of residency, not three, to become eligible for naturalization, right?

No, not exactly for instance... If you look at processing dates for USCIS California Service Center... They are currently processing dates for LPR petiton for spouse I-130 with notice dates of January 2005.. So thats only a year wait for those people... see for yourself...

Processing Dates

It does not matter how you Immigrated.. Once you become a Permenant Resident... After 5 years of living permenantly in the U.S.. You can start the Naturalization Process.. sorry you are correct on that part...

I cant tell you how long it would be for you to get your Naturalization.. You have to look at the Processing date to Determine that...... If its not a long time after you get your Notice of Action.... Then you should file for Naturalization Now... and if you can get that approved in 6 months or so.. Then you can do the K Visa and it only take about 5 months to get that for him.... Its much faster now..

Where do you live I can look up the processing time for Naturalization for your city in the U.S

Where do you live I can look up the processing time for Naturalization for your city in the U.S

But isn't it I have to be a citizen first before I can petition him?

I mean I know I can file for I-130 but me being an LPR, it will be a 4-5 year wait. Compared to me being a citizen first then filing K3 which will be a 6-10 mos process.

I migrated as a dependent of an F2B case. I need 5 years of residency, not three, to become eligible for naturalization, right?

It would be better if you apply for I-130 now for him.. He will get the Visa and Immigrate before you even can apply for Naturalization..... You have 2 more years to wait for that..> So marry immediately in the Philippines and they apply for the I-130.. within a year or so he will get a Green Card and would be able to move here... But , I am sure you may want to live there with him until he get the Green Card... that would suck to be away from him that long.....

So your naturalization time will start over because you can not be out of the U.S for over 6 months..

Im living in the US at the moment, while applying for a K1 Fiance visa, how and what is the quickest way to gain some kind of work permit so i can start working in the US as soon as possible???

There is NO quick way. If you do not have a K Visa or any type of Visa to work now while you are in the U.S... You will not get permission to work until you have the K Visa or you Adjust Status if you are already married to a U.S Citizen.

So, if you married right now while you are in the U.S... You can immediately after your marriage to the USC, file the I-130 Petition for Alien Relative, I-485 Adjustment of Status, I-765 Employment Authorization all at the same time..... 3 to 4 months later you would get a Work Permit EAD card, while your I-130 and the AOS is pending approval.

If you get the K Visa... You have to leave the U.S and do your interview in your home country... Which is going to be about a 4 months to 6 month wait depending on your country.....

So either way you going to wait a while to work..... It would be best to do the K Visa because they will not look on you as fraud......... On the K Visa once you get it... 3 weeks after returning to the U.S.. Your Social Security Card.. can automatically come in the mail to you. They have it now where this can be applied for along with your DS-230 Application at the Consulate for your K Visa Interview.... So, you would not have to file the I-765 Work Permit when you come in the Country...

Hi! I'm relatively new here in VJ. I am really confused on what to do regarding my situation. Here's my case:

* Been an LPR since March 18, 2003

* Has a boyfriend of 5 years

* Wants to get married in December 2006 in the Philippines

* After the wedding, will go back here in the US

* In Jan 2008, apply for Naturalization

* After getting naturalized, will petition husband as K3

Will this work? Would I have any problems if I get married as an LPR outside the US? I dont plan on staying in the Philippines for more than 5 weeks. I have not been out of the country for 6 mos or more.

Looking forward to your comments.

Thank you!

Why do all of that when you can marry in the Philippines, Direct File with the Consulate in the Philippines for the I-130 Petition for Alien Relative because you live in the Philippines.. Or if you live in the U.S... File the I-130 Petiton for Alien Relative at the Service Center that controls your city in the U.S... And one year later he would get the Green Card and is able to come in as an Immigrant.. it beats waiting until 2008 to file K-3.. He would be in the U.S by the Mid 2007 year.?

By the way, if you are an LPR for 3 years. You can apply RIGHT NOW for Naturalization.. its only a 3 year wait once you are an LPR and you lived in the U.S constantly for 3 years.

First question? Where does he currently live? Where do you currently live? If you both are in the same country,.. You probably want to just get married there and they file for K-3 with the U.S Embassy of that Country you live in.... He must have a domicile in the U.S.. If he does not have a residence in the U.S.... You can not do that.....

He has to show he can support you in the U.S... So, he must establish a job in the U.S... 3 years tax returns.. he just can't do this if he never lived in the U.S....

So more likely you will have to file for an Immigrant Relative.. the I-130 at the Embassy there where you get married.. Once you CR-1 is approved then you can must move with him to the U.S as an Immigrant.

Spousal abuse is her ONLY legal way to stay.. If there is no proof she must leave the U.S due to a failed marriage. I am sure if she leaves the house, HE WILL WITHDRAW THE PETITION.... Either way, she will loose and have to leave... Unless she can beat him to the punch and get A new petiton filed under Spousal Abuse.... Then she can petition for herself...

Based on what you just said... She is out of gas... Because she entered into the marriage under fraud.. I am sure when they Investigate they will find out from him it was fraud.. Her and Him can be put in prison for marriage fraud......... She better just do nothing and be nice to him until she get the 10 year green card.. then file for divorce and leave......

The only way she got a chance of staying here.. She must prove Domestic Violence and Adultry.. And file for AOS under those grounds.. She would have to file a new AOS and withdraw the current petiton of AOS. She needs to call USCIS and ask them can they change the grounds of the AOS or if she needs to file a new AOS due to domestic violence and adultry. If there is no police reports and restraining orders issued..> She is out of gas.. She can NOT stay here in the U.S Period.... Nothing can keep her here...

That is the only legal way she can remain.

If he decides to withdraw the petition she is screwed...> So, she might as well shut up and be with him until she gets the card.... Otherwise, if they divorce she will have to leave the U.S... and she over stays she will be deported and banned from the U.S period....

It will be considered fraud.. It wont work.. She will be wasting money.. They will say if the marriage did not work, and he committed adultry. Then she should have filed for AOS on her own under those grounds.

Even though her feelings for the friend is real... They will not think so.. They will only think fraud.... Because its not over the period of years.. She is trying to immediately remarry after this... NOT GOING TO FLY...

She need to just file for AOS under ground of adultry by US Citizen and get her Permenant Resident on her own...

The law states if the marriage fails in less than 2 years then the K Visa applicant must leave the U.S... So, she will have to go back... Unless she can prove abuse by the U.S Citizen and adultry.. then she can Adjust on her own without getting re married.. So she does not need to bring that up... It will be looked at as fraud period....