Ian H.

what were the dates on the online I-94?
if you really need to fix this, get in the car, get down to the closest CBP Secondary Inspection Office, talk with the shift supervisor, do not leave until the I-94 is correct.

It's not a tourist visa, so having family here doesn't affect with the decision in any way. A K1 visa is a dual intent visa, meaning that even though it's a nonimmigrant visa, it's for the sole purpose of traveling to the US to marry and adjusting status to an LPR. The decision is only based on meeting all of the requirements and the legitimacy of your relationship proven to the satisfaction of the CO.

I hope you prep the I-130 plus the I-485, it's the combo of those that you need, not only the I-130.

This doesn't seem to be a complicated case, it is just the wait for a visa number is years and nothing will make that faster. No need to waste money on a lawyer.

dwheels, dear girl,
If the Filipina cannot get to the US, then how can this poor same-sex couple get married? The Philippines will certainly not marry them. For both parties to get visas to a country where they COULD marry (and it looks like Brazil is the only current option) is difficult and expensive. And, the possibilities for a USC to bring a same-sex partner to the US is only one year old.
If they've been together for 10 years, it might still be hard to prove this, as they might not have been able to do anything (legally) together in the Philippines to prove they are together.
Also - I myself COULD have gotten married to my Australian partner three years prior to DOMA's demise, but my immigration attorney said NOT to - as it would affect my partner's safety in trying to enter the US on the Visa Waiver Program.
So...go easy on this couple for not marrying. They have had the option denied them in the US until last year, and then when they tried, it blew up in their faces.
OP - please tell me that your immigration attorney is a SPECIALIST in same-sex cases in the US...
Sukie in NY

Yes, that is a labor certification issue. I wish you would have mentioned that in your first post so that all speculations could have
been laid to rest.
Unfortunately fraud to bring someone over for work happens all the time, even spousal visas have been denied
because of it.
To understand the logic of it all you would have to understand the fraud behind it.
People pay people off to bring them over for jobs, then they go their separate ways or even divorce if married. it seems insane to you and me
but it happens a lot with desperate people.
The burden of proof is on you to show a rock solid paper stack of quality relationship evidence. From day one to current, describing the flow of it all.
You need a good lawyer experienced in returned petitions.
Do not attempt to file again without a lawyer. You also must front load your next petition, as they will have already seen your sparse
evidence submitted prior to the interview at which time they have already made up their minds and they don't want to see further evidence.
One last ditch effort I advice now is to have a (very good) US based lawyer request that the consulate not return your case and to be granted
an extension for a second interview with new, fresh, solid and overwhelming evidence that without doubt shows you are and have been in the past
a genuine couple.
You must act fast because once it is returned it is out of their hands and USCIS will NOT review it.
Small chance but worth a try to fight it at this level. If you file a CR1 you could run into the same obstacle.

Unfortunately, that is about labor certification. It seems the CO believes you are only trying to bring her here for work purposes, as you tried to do in the past with the ill-advised tourist visa. It appears the CO does not think you have an actual couple/love relationship. And they checked off that you cannot file a waiver for inadmissibility. I hope your immigration attorney can help you out with what is the best thing for you to do now.
http://travel.state.gov/content/visas/english/general/ineligibilities.html

and yes, my daughter is legally mine. If the CO thought there was any mis-representation or if they thought we were lying ( as so many of you have said) they would have marked that on the denial form and not that there was not a bonafide relationship. The CO didn't see it that way or did not mark it down as that. AND had she been approved for the b1b2 she would have watched our daughter while I was working so that is not a LIE.

Cry me a river. The consulates are not mistake free either and lie all the time. Give me a break. He/she did what he thought was possible to bring the most important person in his life to the US. He didn't purchase his SO over the internet like some people have. His/her relationship is legitmate. His/her petition was denied in the past. He is NOT a criminal.

There is a difference in misrepresentation of a material fact which carries a life time ban unless overcome with a waiver
and then there is being ignorant about which visa type to apply for what purpose.
OP has not misrepresented unless they lied on any application/petition.
Applying for a B2 with the purpose of having a Nanny and stating so on the application was not a misrepresentation, it was lack of knowledge.

This all sounds really confusing, I'm just trying to understand the situation. Most people here are saying that the visa was denied because of misrepresentation or this whole "nanny" situation.
However, OP stated that the visa was denied due to lack of bona fide relationship. I'm not sure, but I would think that the CO would include misrepresentation on the denial letter.
When we were denied our K1, they put down relationship for immigration purposes and misrepresentation even though nothing was lied about or omitted, otherwise we would have never had our spouse visa approved. Unless the CO just puts down whatever reason they feel like for denial, then I don't know.
OP: I would try to fight for the K1 petition since you don't have many options as a same sex couple where one is a Filipino citizen. The reason is that so few countries perform SSM and only one of those countries allow visa free travel to Filipino citizens.
As mentioned before the only country that seems to be a choice is Brazil, but I wouldn't consider it since SSM is under appeal and they may invalidate previous marriages should they win. Israel allows visa free travel and recognize SSM, but they don't perform it.
Now, there are about 16 countries that perform SSM. You can try and have your fiance apply for a tourist visa for Mexico, Argentina, Uruguay or South Africa. These are countries that all perform SSM and may be easier to qualify for a visa. All the other countries are European or Canada and getting a visa for any of those is just as difficult as for the US.
This would be your only course of action if your K1 doesn't get reaffirmed or you would have to submit a new K1 petition. You do have to overcome the reasons for the first denial though, so you have to go over all of your paperwork and see what the exact reasons for denial were.
Also I cannot say if your fiance's visa was denied due to discrimination because the whole previous visa application and nanny thing sound like the culprit. Keep in mind that most of us are treated like ####### in these interviews so it really has nothing to do with things like gender, color, race, religion, etc.
I hope you get your situation resolved and are able to bring your family here. Good luck.

Hi again,
Just an update, since folks on the forum probably appreciate seeing how different cases go. Interview date was 9 Sept and today, 19 Sept, we received an email notifying us that my fiance's visa has been approved!!
What an incredible relief this has been...needless to say it has been a sleepless couple of weeks!
Here are the actions we took after receiving the 221(g):
Night of the interview: Emailed, as per the exact instructions, the full copy of my fiance's prior passport.
Next evening: After looking up everything we could find about overstays, about times granted for B1/B2 visas, etc., we began to seriously suspect my fiance had overstayed a visa 9.5 years ago. The period of the overstay could not be determined, as we did not have his original I-94, but as he was only in the country for 9.5 months it could not have been more than a year. So we wrote a letter and signed it, describing why we suspected this might have been the case, describing the circumstances, and essentially apologising and asking them to update that information on my fiance's visa application so that everything remains true and correct as per our current knowledge. Thank you everyone on this forum for helping us to establish that an overstay was almost a certainty.
14 Sept (5 days later): Emailed a second letter with an attached record of my fiance's international movement records, which we obtained from the Australian government. I had noticed that many of the stamps in his prior passport were covered by a visa sticker to another country, and that he did not have an exit date stamped from the USA in his passport anywhere. Therefore, it seemed that we needed to provide more evidence of the longest possible duration of his overstay. Since we couldn't show that based on US immigration stamps, we showed it based on Australian immigration records.
19 Sept: Receive a courtesy email from the Consulate (!), which was wonderful and we were not expecting, stating that his visa has been approved and to expect to receive it in 1-2 weeks. Checking CEAC, we could see the status went from "No Status" to "AP" - Yay!
Still not 100% until that passport with the visa in it is back in our possession, but still it seems it has all worked out...and surprisingly quickly as well! I am impressed!
I am writing all of this because I am hoping this is helpful to people who may need some advice about how to prove the duration of their stay in the USA from another angle - and also I wanted to say thanks to everyone on the forum for pitching in.
Cheers!

This is hardly a discrepancy. Now if your name was misspelled or something like that and it was USCIS's error, then it would be free and necessary to submit the I-90. However, if you feel that strongly about your signature being the way you like and are willing to spend the money, then by all means go ahead. But I assure you that it's not an issue whatsoever to leave it this way.

With your two bank accounts you might want to highlight any expenses that you have each spent on your lives together - such as the mortgage payment comes out of his account but the heating bill or water bill comes out of your account, or the car insurances come out of your account and the internet subscription is from his account. Finding expenses that are joint but are paid by each of you for mutual benefit might provide additional evidence that you are living together and financially supportive of each other. Maximize your opportunity with the bank account statements by drawing their attention to things like this. The statements will also show that they have been mailed to the same address or have the same address listed on each account further verifying that you live at the same address.
Good luck. I suspect once you provide the requested documents you will get your approval fairly quickly.

Your wife can have all the docs ready and prepared beforehand, but cannot submit them until she is a USC. There is no waiting period so as soon as she has the nat. cert. in her hand she can make a copy and submit the petition that same day. A visa for a parent takes the same time as it would for a spouse or minor child of a USC.

I have a completely different way of thinking. I always think it's better to include as many proof as I can, as to show that I have nothing to hide. It is also the general advices that I've seen on immigration sites, so that's what I did. Better supply everything than being asked later "why didn't you submitted this?"

I agree with you. It's not like you're sending in things they don't want at all; you're just sending in more of the documents that they expect to see than you absolutely have to. There's no harm in that.

The expired GC isn't the problem. It's the fact that his status as an LPR expired. You see the expiration date on a regular non conditional GC doesn't matter. This is because the card itself is expire, but your status as an LPR isn't affected.
However if your husband's GC was conditional in nature, meaning it was only valid for 2 years, it can't be renewed like you would an ordinary GC, it has to have the conditions removed. Now what I find curious is were either of you never made aware that his status was conditional and that you had to file the I-751? Also in the instructions for the I-90 it specifically says not to use that form if you are a conditional resident whose card is expiring or expired.
In the letter be sure to make clear that you were completely unaware that you had to file this form and incorrectly filed the I-90. I would attach a copy of the NOA1 for the I-90 as proof that you incorrectly submitted this form. It's perfectly possible that they may overlook this as a mistake because you didn't deliberately fail to file the I-751.
I would consult with an attorney just in case because you want to be prepared if they don't accept the petition or if something goes awry. Good luck.

You filed jointly, so the I130 will be adjudicated with the I485. Her Greencard's approval will be dependent on your local office's workload. For Atlanta it could take 5.5 months according to uscis.gov but you be lucky and it takes a shorter time. Hope this helps.

Hello, you need only inextensa and legalizada birth certificate.
No need apostille

Hi,
Your brother is the only joint sponsor and his wife is the household member. Therefore, he has to select "1d" "I am the only joint sponsor." Since his wife will do the I-864A, he will include her info in part 6, person 1.
You of course select 1a, as the petitioner on your I-864.

I reread the initial responses and I have to reiterate that if I were talked to in that tone , i would turn around and never look back. People did not merely state fact. I speak from experience, early in my process I posted some early exploratory questions, was slapped down with all sort of innuendos and barbs. So maybe I am over sensitive.
i see more than my share of ill informed, overly pessimistic, accusatory, "get over it and suck it up princess" , "just thinking about that is probably a violation of the law" type attitude expressed here that it makes me not even want to read these threads. There is really no need to be overly optimistic about the challenges our friend and her family face, but there is no reason to shoot down someone else's attempts to stay in the country legally. i personally wish them the best, regardless of how hard or easy my road is.

I don't see any reason at all why anyone would knowingly ignore this requirement. Do they really think that the government is going to reinstate the draft? I think that almost everyone who fails to register really didn't know they had to. They're not lying, they just didn't read their paperwork.

You know I figured someone would say something about this. I will make the following points.
First, an illegal immigrant with a USC child isn't eligible for benefits. Only the USC child is. That is their 14th amendment right.
Second, the above doesn't apply to the OP because her children aren't USC's.
Third, that "research" you linked is biased, skewed, and not reliable.
Fourth, immigrants, last time I checked, make up only 5 to 12% of the total amount of people on public programs so I don't know where they get this data from, but I get mine directly from the source, the respective government offices.
Fifth, the majority of people on public programs are white americans, next are black americans, then are hispanic americans, then are immigrants of any color, race or nationality, all the way at the end.
Sixth, when a person becomes a USC they are entitled to all the "privileges and immunities" as any other USC. Therefore, can receive any public benefit they duly qualify for.
Seventh, one has to distinguish the difference between a legal immigrant and an illegal immigrant. Two completely different status for all intents and purposes. Legal immigrants have the right to apply for and receive public benefits because they pay taxes just like every one else. Illegal immigrants don't have this right even if they paid taxes.
Eighth, if the OP tried to apply for public benefits she would be denied. She has no status, neither do her children nor her husband that would allow them to qualify for those benefits.
Ninth, while it's true that some states provide certain benefits to illegal immigrants, it's usually healthcare for minor children, or emergency medicaid. When they do provide other benefits, it is strictly for the eligible person in the household, such as a USC or other legal immigrant.
An example: a family of 4 qualifies for a maximum monthly amount of $632 in food stamps that is reduced by income. If 3 of those are illegal and one is a USC or other eligible legal immigrant, only that person would get their share of the amount which for one person the maximum is $188. This would be reduced by the income of the others in the household regardless of status.
Another example would be someone I know who brought her husband and is receiving food stamps. Her husband doesn't qualify for food stamps because he doesn't have 5 years. She however has 12 years. Therefore only she receives this money for her and it is reduced by what her husband makes. He did get medicaid because as you said, some states provide it from their own funds. Again, in this case he is legally able to apply for and receive this benefit because he isn't here illegally.
To sum up, while immigrants do apply for and qualify for public benefits, these are legal immigrants and as such are entitled to them if they so qualify.

well, you gots to VJ by computer and internet access, so why not use them again to get some speed?
1. make passport photos using digital camera where the humans are. Easy to do, just be certain of the guidelines for what constitutes a passport photo. not need to go to any passport photo store or agency, simply get the right background color and go forth.
2. email the photos to you. no printing scanning prior, just suck em off the digital camera.
3. set up online account at CVS or Walgreens - upload the digital images to them, order prints online.
4. go to CVS or Walgreens and pick up yer passport photos.
I would not rely on mail, postal mail, etc, to get photos into your hands.
yes, you want to submit a COMPLETE packet into NVC, if'n you want some speed.