EmilyW

@mindthegap's post should be pinned somewhere.  It's an extraordinarily well thought out and concise piece of advice.

Other posters have identified the path via the US children.

Of course there are others such as via marriage, work etc...

a) OP, I'm sorry you're going through this.

b) Take all steps to legally protect yourself.

c) Gather any / all evidence you have re his previous marriage.

d) Send that evidence to USCIS.  Get yourself a divorce.

e) Go forth and live a happy life.  You're due.

If I recall, there was a couple (here on VJ) that took a photo of themselves in bed to prove consummation / a real relationship.  I bet the USCIS officer wasn't expecting that that day.

A few swear words = not even in the top 10 of weird sh*t USCIS / COs see on the regular.

The good thing, VJ members are pretty awesome and always happy to help.

I hope you find your way. That little girl is darned lucky to have an aunt that loves her that much.  ❤️

https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/adoption/

Quote

U.S immigration law has clear and specific provisions regarding qualifications for immigration. If you are attempting to bring someone who is not your child by birth, the following conditions must be met before that child can be eligible for an immigrant visa:

 

• The child must have been legally adopted before the age of 16 (or be the sibling of a child who was adopted by the same parents while under the age of 18). The adoption must be legal and final. Simply providing financially for the child does not satisfy the legal adoption requirement. To satisfy U.S. visa requirements, the child must have been legally adopted pursuant to a final decree issued by a court having jurisdiction over the matter.
• In addition to the adoption decree, there are two additional requirements:
• The adoptive parents must have had legal custody of the child for at least two years. “Legal custody” must be awarded by order of a court or recognized government entity. The start of legal custody begins the date the adoptive parents were granted legal custody of the child, or the date the adoption was finalized, which ever comes first. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

• The child must have physically resided with the adoptive parents for at least two years prior to immigration. During this time, the adoptive parents must exercise primary parental control. Evidence must be presented to establish that the child and the adoptive parents had a bona fide parent-child relationship during any periods they resided separately.

Thank you for your service.

Insulting and screeching at people trying to help you.... your service doesn't give you a free pass to do that.  All anyone here wants to do is figure out a) what happened; b) what you can do next.

You and your partner might want to team up and join forces.

OP is a trust fund baby.  The family is well off and prepared to support OP and their partner ad infinitum.

Oh man, I know who is going to be in here soon espousing the benefits of multiple spouses... just saying.

OP: you're fine and good luck.

Variety is important.  Also keeps the CO on their toes when you mix it up.

1 hour ago, Summy87 said:

Congratulations! While filling out the DS-160, what did you answer for the part "who's paying for your trip"? My mother is unemployed and I will be paying for everything, should I say "other" and put my info on it? 

Some people suggested to put "self" but since she's unemployed I am concerned that it might raise a question of how will she afford to pay?

I wouldn't lie to the US government.

4 hours ago, geowrian said:

You can file for your brother and he can bring his spouse (assuming he is still married) and children (if they still qualify as children).

Expect at least 15 years, probably closer to 20 or so. For some countries (Mexico & Philippines right now) it's likely closer to 30 years.

Overstay is not ignored in their cases.

Starting at 180 days of overstay, there is a 3 year bar. This grows to 10 years at 1 year of overstay.

If removed non-voluntarily, this complicates it even further. It's best to go home ASAP.

This is important.

If the plan was for them to just stay until their case is current, it's not a plan.

There are no options for them to stay and adjust.  They must leave and they must leave now.  If nothing else, for their kids who they are knowingly forcing into a life lived in the shadows.

I have big tattoos also.  Was never asked about them.

I think you're creating a problem where there is none.

This link will be handy in terms of the definitions of continuous residence.  https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

Quote

An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.

And if you want meat pies, Australian Bakery Cafe in Marietta, Georgia.  They ship anywhere and the pies are amazeballs. 

I'm an Aussie.  Been here three years and America is still weird to me.

Message me any time you like!  Sometimes it helps to have someone who, if nothing else, understands the Aussie slang / culture.

Not only are the odds low for the lottery,  it's not a quick solution.

We applied in October 2013.   Found out we were selected in May 2014.  Interviewed with the embassy in April 2015.  So that alone was 18 months.  We ended up moving over permanent in February 2016.  Just over 2 years in total from start to finish, so about the same time as the F2A.

^ What @EM_Vandaveersaid.  Wait a year, get the citizenship, live your best life wherever you choose.

@Geowrian is doing tricky math and it's hurting my brain.  Just wanted to add that.

If they asked if you had a boyfriend and you said no.... now that would be different I imagine.

OP selected the wrong visa if travel was necessary immediately after marriage.  One could argue that even applying for a visa was unnecessary since he and his fiance will be splitting their time, making compliance with legal residency requirements difficult.

But this is all the government's fault apparently, as it was in the original thread.