Ian H.

I'm sorry, but this all sounds too convenient. You came here by marrying a USC, you want to divorce after getting your GC, remarry your first husband and then petition for him to come here, it sounds much like immigration fraud.
It doesn't matter that the marriage to your first husband was legit. They will look at why you married him the second time. Even if you genuinely got back together, you will still be heavily scrutinized.
Now, I'm not accusing you of fraud, but that is what it sounds like and that is what USCIS and the CO will see. I don't know you and I don't know your situation, but here is what would happen:
If you do decide to divorce your current husband because you want to marry your ex, you will have to prove with a very great deal of evidence, facts, and I don't know what else, that:
One: You didn't divorce your ex to marry a USC. (Sham divorces are also a very big deal for USCIS)
Two: That you didn't marry your current husband for immigration purposes.
Three: That you didn't marry your ex again for immigration purposes.
There are people that are married, divorce, marry other people, divorce, then marry their ex's. But when immigration is involved, the suspicion of fraud is going to be very very high.
If your plan is to get married for the purposes of bringing your children's dad and not because you genuinely want to get back with him, then don't, just don't. Let one of them petition for him when they are 21 and is a USC.
If you and your current husband aren't working out, then that is another story and something that the two of you would have to deal with.

CEAC status was changed to ISSUED today. YAY!!!

I think there are exceptions to the bear arms part, I'm not really sure how it works though. I believe you can write an explanation, I just don't know how they decide if it's ok or not. Please note that in order to become a USC, you have to take this oath.
It doesn't matter how long it will take to pay of the IRS. They just want to see the installment agreement and proof that you are current on payments.
Yes, you will have an issue if you are applying based on marriage to a USC. You must be married and living together in a marital union. If you guys are separated, you should file under the 5 year rule.

You can start gathering documents that aren't date sensitive. Like passport, BC, taxes. Other things like the police certificate and proof of employment would have to be recent. But, basically yes, you just have to wait, unfortunately.

Hi,
According to what I have read on other threads, there is no time limit for the child to do AOS. It used to be that they had to do AOS before turning 21, but apparently that is no longer the case.
The only benefit of applying at the same time as you is that the fee is about half of the regular cost ($635) compared to the full $1070 if filed separately. This reduced fee only applies if your child is 13 or younger, otherwise the full fee would apply regardless of when the AOS is submitted.
Also, I understand that you want to submit it in a month because you want to work first, keep in mind that the EAD can take anywhere from 45 to 90 days to be approved and received. You cannot begin working before you have the EAD in your hand.
So you can submit the AOS for your child at any time so there is no need to be concerned about it now. Just in case you aren't aware, the EAD and AP applications are free with the submission of the AOS for both you and your child. Good luck.

I think it's unfair to blame an entire country or group of people, let alone the fact that it's a bit discriminatory.

You're not offending anyone and if anyone here makes you feel uncomfortable, feel free to report them. This site welcomes all who need help with their legitimate immigration questions.
I honestly cannot say what would happen if someone were to "out" him. I have actually wondered about this because I have heard of binational same sex couples with partners from very anti gay countries, but have never heard of them being outed.
I assume that visa cases are confidential, but I guess you mean what if someone who knows him or his family sees him or something, then I don't know. I have also actually heard of gays being able to get asylum for persecution in their home country, but I'm not sure how that works.
I'm sorry that I can't give you better advice. I know it must be very frustrating. All I know is that you can apply for a fiance visa because it doesn't matter that Pakistan doesn't recognize your relationship because plenty of states here will.

Make sure that he gets multiple copies, at least 4 or 5. He will need them down the road to adjust status, to remove conditions, and to apply for citizenship. So it's best to get them now and get that over with since it would be more expensive to get them down the line if he has to travel back to get them.

I assume they were talking about the disposition documents.

Thanks, I will have him get a few copies!! I did title this wrong, he was charged/arrested but not convicted/found guilty. So we of course disclosed everything and now are getting the official record where it says he was not convicted or held in prison for any length of time for those charges. The embassy told him exactly what the title of the document is called, so he went and found out from the government it takes 3-4 days to process. So Monday he is going to get it, and I will tell him to get multiple copies, good idea!

It depends on what you mean by "undocumented". Everything depends on how she entered the US. If she entered with a visa and overstayed then adjustment of status is possible. If she crossed the border without being admitted by an immigration officer then adjustment of status isn't possible. When an alien is referred to as "undocumented" then the meaning is usually that they entered the US without inspection; e.g., they crossed the border illegally.
In order to adjust status an alien must have some form of immigration status to adjust from. There's also a general requirement that they have maintained that status since arriving in the US, but that requirement is waived for an immediate relative of a US citizen. Someone who crossed the border illegally never had any form of immigration status, so they have no means to adjust status. They have to leave the US and reenter with valid status first. Leaving after a year or more of unlawful presence triggers a 10 year ban on returning. That ban needs to be overcome with a waiver, which is far from a sure thing.
For a long time, many people who had entered without inspection refused to leave, even though they had become eligible to apply for an immigrant visa, because there was no way to be sure they'd get a waiver of the 10 year ban. They could leave and end up getting stuck outside the US, with no other option than to wait out the ban or try sneaking back across the border again. Obama tried to address this with the provisional waiver program. This program, which has been in effect since March of 2013, allows an alien who is an immediate relative of a US citizen, but who requires a waiver for unlawful presence, to apply for the waiver without leaving the US. They still need to leave the US in order to attend an immigrant visa interview at the US consulate in their country, but they won't incur a ban on leaving because their waiver has been pre-approved.
I presume when you say "facing deportation" you mean merely that she was subject to deportation if caught. Things become a lot more complicated if removal proceedings had already been initiated against her. If she was out of status (i.e., she entered with a visa but her period of authorized stay had expired) then she would have been able to apply for adjustment of status after marrying a US citizen, but USCIS is required to presume that the marriage is a sham because it occurred after removal proceedings had begun. Being approved for adjustment of status in those circumstances is dramatically more difficult. If she entered without inspection then marrying a US citizen would have changed nothing. Her removal proceedings would have continued as if nothing had happened.
I think the salient point here is that Obama didn't wave his magic wand and legalize a bunch of illegal aliens with a stroke of his pen. He directed DHS to create the program. They're still working on that. Once they've finished then they'll start accepting applications. An alien would have to apply and be approved under the new program before they'd be able to apply for advance parole, and they'd need advance parole before they could leave the US knowing that they would be permitted to reenter.
Before you can draw any conclusions, you need to find out what, if anything, they've done with USCIS up until now. Did her husband ever submit an I-130 immigrant visa petition for her? If so, did they ever submit an I-601A provisional waiver application? Assuming these applications were submitted and approved, and the other bureaucratic processing required for them was also completed (affidavit of support, visa application, etc.) then it's possible she could attend an immigrant visa interview at the US consulate in her home country while she's abroad. If approved, she'd reenter the US with an immigrant visa, and receive a green card shortly after entering.
Another possibility would be if she applied for and was approved for deferred action under DACA (you said she entered as a child), and applied for and was approved for advance parole before leaving the US.
Given that her husband is a relative of yours, if either of the above scenarios applied then I have a strong suspicion you would have heard something about it. It's more likely they just heard the word "amnesty" being tossed around by the news media in reference to Obama's executive action, and presumed all had been forgiven. If that's the case then they will be in for a rude shock when they try to return to the US.

I'm not sure if she was actually in the proceedings or not. I just heard she was 'facing deportation'. I didn't ask past that.

And yes, Jawaree, this is for a friend of mine. The reason for the great concern is because she is married to a family member of mine. I know this forum helps people immigrate the legal way. Check my signature. It was a long (LEGAL) process for me as the part outlined in my signature wasn't even half of it. My husband and I started as an I-129F form that got held up and ended up with me having to enlist the help of my local congresswoman to move it along. It was a painful, expensive, and torturous process.

The reason for the 'sham marriage' comment is because my husband and I DID do it the legal way and when we hear of people avoiding immigrating the legal way, it's like a slap in the face to us. We spent loads of money to wait for our forms to be processed, and had to 'prove' we were really going to get married within 90 days just for him to join me here in the USA. So to have people come here illegally and stay, it really is a slap in the face. To avoid the laws of immigration and then get married to avoid being deported is hurtful and makes us angry.

However, he is family and she is a friend of mine. I like her as a person and I understand coming here as a child was not her fault. They came to me and told me about their situation because they knew I had dealt with USCIS for quite a while. However, they chose to leave the country anyway. I do not know why, as I really don't know how she intends on coming back in. Unless she has AP and didn't say so, I don't believe she can. Hence why I was asking here.

So, Jawaree, I understand where you are coming from, but please do not question me or my motives. I am torn because am passionate about how I feel about illegal immigration now that I've been through the heartache that is 'legal immigration'... and also because I am talking about my family and my friend. Thanks for your reply.

First, Obama has not announced any "amnesty". He doesn't have the authority to do that without Congress passing a law authorizing it. What he has announced is an expansion of the deferred action program he previously created for people brought to the US illegally as minors, called Deferred Action for Childhood Arrivals, or DACA. The expansion will allow more people to qualify for DACA, as well as allowing parents of DACA eligible kids to apply for deferred action. It also expands the provisional waiver of unlawful presence so that more people are eligible to apply for the waivers while in the US.
Just to be clear, deferred action is a temporary stay of prosecution. It's not amnesty.
The terms of the program have not been finalized. Currently, it requires five years of continuous residence. If it ends up working like the DACA program then brief periods of absence before a cutoff date (it's August 15, 2012 for DACA) would not count against continuous residence. After the cutoff date then ANY absence would disqualify the alien from eligibility.
Again, if it works like the DACA program, then she would be able to apply for advance parole once she had been approved for the deferred action program. With an approved advance parole, she would be eligible to leave the US and reenter. If she hasn't already been approved for deferred action then she can't apply for advance parole. If she left the US without advance parole then she triggered the 10 year ban. She won't be allowed back into the US until she applies and is approved for a waiver of the ban and an immigrant visa based on her marriage. This will all begin with her husband filing a petition for her.
She really blew it by leaving the US.

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According to someone I spoke at VAC, the only difference in the IV process would be that after NVC schedules your appointment, you would create a profile at usdocs, make a cita for VAC, take your docs, fingerprints and photo. Then you would go to consulate as scheduled and have your interview.
They are trying to cut the time spend at the consulate and increase the number of interviews per day.

THIS INFORMATION IS AT THE CONSULATE PAGE, I HOPE THIS HELP ALL THOSE WHO WILL HAVE THEIR INTERVIEW NEXT YEAR.
you can go to the page at this link: http: New Immigrant Visa Process Starting in January 2015
New Steps to Follow to Apply for K Visas (fiancée visas)
This office has received notification for the processing of a K-1/K-2 nonimmigrant visa for you. In the interest of preparing for your interview with a consular officer, please read carefully the following instructions. Starting in January 2015, all appointments for the Immigrant Visa Unit, applying for a K visa, will need to follow these steps:

New Steps to follow to apply for K visas:
1. Fill out the DS-160 (Online Nonimmigrant Visa Application), electronically. Please follow this link https://ceac.state.gov/genniv/, answer all questions. If your children are applying for a visa with you, each one must completely fill out the Form DS-160, on line. You must present the print out of the confirmation page, which contains a series of bar codes, and present this confirmation sheet the day of the interview. We suggest to write down the Application ID displayed on the top right-hand corner of the page.
2. You need to create your profile/electronic account atwww.ustraveldocs.com, to schedule your appointment to visit the VAC, (prior to your appointment in the Consular Section). You also need to select the place that you would like to pick up your passport and the immigrant visa package, if issued, in any of the twelve MAILBOXES, ETC locations around the country. Mailboxes, Etc. has 12 locations in the Dominican Republic, in Santo Domingo, Santiago, San Cristobal, Las Terrenas, and La Romana. After completing your profile, you will be directed a confirmation page that lists the visa fee amount due. Please print this page and take it to Banco Popular Dominicano to pay your visa fee.
3. Pay the application fee of US$265, the equivalent in Dominican pesos at any branch of Banco Popular. This one-time fee covers appointment scheduling, client support, and delivery services.
4. Finally, Return to the website at www.ustraveldocs.com to schedule your appointment to be interviewed, for your K visa, in the Consular Section. Remember to be on time to your visa interview in the Consular Section of the Embassy of the United States, and arrive not earlier than half an hour.

CEAC status was changed to ISSUED today. YAY!!!

They won't do it. They make too much money off of these denials. What people need to do is stop giving them their money. The sad thing is that most people who are denied aren't given a fair chance to apply. If the CO is in a nasty mood he will deny you just because and no one can question the decision. I see people get approved with very little ties frequently. So in my opinion the process isn't even fair, it's mostly based on luck.
Totally agree with you too. It doesn't matter if that is a legal route, it shouldn't be one in the first place. This places a tremendously negative burden on people with immediate relatives in the US because often times they are denied because of the assumption that they will stay and adjust.
My aunt was approved with her son being a conditional LPR and my dad an LPR. Somehow I can't help feeling that if either of them had been a USC she may have been denied.
They also need to require what they do in some countries that they require you to register with the local police or even with USCIS if necessary. I for one am tired of those who abuse the system then get rewarded and people like us get penalized for playing by the rules, such as when we were denied the K1 and then the lengthy process we had to go afterwards.

Oh, no you don't sound defensive at all. Especially when you minimize the struggles of thousands of people who don't have the privilege of coming from a very easy, trusted, proximate country with a porous border by claiming that their "undies are in a bunch". Really? Most people can't even get a legal way to visit their spouses for a year and a half and "oh, poo poo, stop overreacting, the system worked for me and that's all that matters here".
And so then to the point: you believe the law as written is working? That more people just happen to change their mind and get married on a whim while "touristing" in a foreign country than who purposefully game the system? And that not providing a legal way for spouses to visit each other in the US during the 18-month long CR1 process is a fair tradeoff for keeping this loophole open?

Tgank you but my story was my own stupid fault. I had no idea of the consequences of overstaying but I was aware that I shouldn't have done it.
I accepted my 10 year ban and now it's over I understand why my most recent B2 was denied, even if I didn't agree with it as I have no wish to live in the US at all, only visit.
I only feel sorry for the people I read on here who are denied for no wrong doing of their own other than the crime of having loved ones in the US.
The parents who can't visit their children, boyfriends and girlfriends who have no wish to marry yet but are forced to as it's the only way for one of them to be able to set foot in the States, people who are refused simply because they come from a country that the US considers to be a worse standard of living not taking into account that they might truly love their own country and never want to leave no matter how tough life is there.
One of the times I was at the London embassy there was a Gurkha there applying for a B2 to go on vacation before his regiment deployed to Afghanistan. He had his signed leave pass and a letter from his CO giving the dates of his leave.
He was denied because, as a Nepali citizen, the CO thought he was an immigration risk.
I don't know how much you know about Gurkhas but they are some of the most honourable people in the British Armed Forces. I don't think any Gurkha would EVER dessert his comrades and would NEVER go against their Oath of Allegiance to HM Queen.
But that wasn't taken into account as it's personal and can't be proven. The CO just saw him as someone from a poor country who would leap at the chance to live the American Dream.

It's not them who makes the B2 visa call, it's State and how they train COs. And they certainly see the problem with this loophole. Which is why they deny B2s for people in romantic relationships/marriages with USCs. But it's not about THEM using their imaginations follow the conversation....you're the one who can't see the problem.
I get that you feel defensive about how you and your spouse went about this, I would be too. If you truly, legitimately just happened to change your mind while your spouse intended to stay here temporarily, then you did do things correctly. But you are also rare. And the convenience provided by this loophole for a rare scenario does two things: leaves it wide open for fraudsters and makes life more difficult for pretty much everyone else in this process. Closing the loophole would inconvenience a few (and sorry that you would have have been among them), but still give them opportunities to visit during the process and would curtail fraud and provide an opportunity for families to be together.

The only problem with that is that there are people, as TeddyB says, that would be so determined to get to the US that they'd probably gladly hand over the cash to get a visa and then adjust status. If you've got the cash what's a few grand compared to being with your family a year earlier than planned?
As was suggested on another thread a few months ago, maybe a solution could be a second category of B2 visa, a B2A or something.
One that could be applied for by those considered a high risk of immigrant intent that has a clause that states that it can't be adjusted or extended under any circumstances and harsh penalties for anyone abusing it.

sounds a lot like fraud to me. For every person that does AOS like you did someone else will be denied illegitimately due to increased paranoia by some CO official.

I do realize there is a problem with people abusing tourist visas and the main problem is that there is no way of tracking people once they get to the USA or forcing them to return home if they overstay a visa. It costs money to enforce this so they then have to rely that the people will go back home on their own based on property and family ties.
Just because someone does not have a lot of money or property doesnt mean that they have no intentions of traveling back to their home country once their visa expires. Example my sister-in-law doesnt have a lot of money but is an honest person and just wants to visit her sister and see the USA.
I propose that people who fall in a "High risk" category be required to put up a refundable bond to secure their visa. similar to how credit card companies require a deposit to issue a credit card for people with bad credit. Example a person in a high risk category would be required to buy a $5,000 bond to secure their tourist visa. If they return before the visa expires they get their money back. If not, the US Govt keeps the money and its used to track and deport the person.
Thay way the USC that sponsors the immigrant would also have an interest in them returning home to get their bond money returned.

MacUK, I am with you in all accounts.
there should be no path to adjust status from a tourist visa.
If you marry on the spur of the moment, off you go home to apply for a spousal visa.
Overstays should not be given a free pass by marriage.
If you receive a ban then you have to complete it.
Illegals should be deported immediately.
And I have no chip on my shoulder regarding any of the comments made before. I simply think this would really help us all. For a country that is so into following the rules, having all these avenues for people to adjust when they clearly should follow the procedures is frustrating.
UnaMexicana

The other person that was approved has a sister that is living illegally in the States, not to mention her fathers year ago went illegally including an aunt.
My fiance has no family in the states.
Like I said, no respect.