Adam & Anne

You should have posted your question in the "Adjustment of Status (Green Card) from Work, Student & TOURIST Visas" section.

hi
nope, at one time or the other they will take away your GC
you are supposed to work and live hear more than 6 months and more than abroad, you will pay taxes here
if you leave that long they will think you don't live here and take away your GC
you can travel less than 6 months, but if you travel too much, immigration at the border will question you

yesssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss
finally status changes to case ready to be scheduled for interview i have been checking every hour since i did my bio metrics last week.
so happy that I don't have an rfe, no just for them to get my EAD ready my wife is pregnant and I want to stat working ASAP to carry the burden off her.
I hope all of you waiting will get your cases ready for interview very soon too.

Yaayyyy!!!! Received text message and email today that our case was approved on 02/12/2015. So freakin excited!!!!

Married to a Moroccan for 7.5 years now! He came on a CR-1 visa almost 6 years ago Since then, he's become a US citizen, we bought a house, finished school and had a beautiful baby girl
Just checking back in after several years to see how this site is doing.

Well, I don't think every Nigerian is like that. My American ex-husband, who brought me here, did the same thing to me. After marrying me he didn't quit his online dating and porn addiction. It hurt like hell. Thank God, it's all over.

Yes, but Canadian passports aren't generally stamped when we come into the States as visitors. Sometimes they ask how long we're staying, sometimes they don't. A Canadian driving across isn't going to have an I-94 to refer to.
Do you fly or drive? Aaron brought up a good point about the I-94 but it isn't used when we drive back and forth as Canadians.

No to your question.
Here is the deal.
How long you can stay in the US is determined by EACH visit. When you enter the US, you will be allowed to stay for a determined amount of time. Could be 2 days or 6 months EACH time. You would only be considered an overstay if you exceed the time allowed on that visit only. There is no cumulative time when looking at overstays. Overstaying is one way to lose your privilege to visit the US.
Your pattern of MULTIPLE visits may be looked at to see if you are illegally living in the US and trying to make it look like MULTIPLE visits. You may have complied with your time allowed in the US and never overstayed. Bit if it looks like a duck and quacks like a duck when you spend the majority of your time visiting a foreign country where you want to immigrate to, it sure looks like you're abusing the visit privilege by just immigrating a little bit early. Abusing your privilege to visit by Dr facto living here is another way to lose that privilege.

The rule actually has some implications on your provincial health care as well.

A false claim of US citizenship, such as on an I-9, would be a lifetime bar from the US for which there is no waiver available.
USCIS can and have subpoenaed I-9s from people's employers before, particularly when they have a long work history but lack employment authorisation, to see if they have wrongly asserted to be a US citizen.

So she is a web can model and stripper and does it for free? She should charge.

The original poster has said several times that he CANNOT get a co-sponsor.
So why do people keep suggesting this to him?
Yes, he first mentioned something about co-sponsor not living with him, but after he was told that was not necessary . . . he still came back and said there was no such person.
I believe him . . . and would not continue to suggest to him that he find a co-sponsor.
The real tragedy here is that the couple did not think this through before they were married.
A marriage license should really involve more criteria than it currently does.

You missed the obvious option, go home get a job sponsor your wife to move to your country.
You said you can earn good money and for what ever reason she can not work so best to be where you can get a job.

I met the requirements working as a waitress. She needs to get a job.

The other option is to move somewhere that has jobs that would provide enough salary.
Pretty much everyone who works retail where I live earns enough to meet the 125% poverty level for 2 people.
I don't think you have many other options at the moment or your wife will need to work 2 jobs at your current locale.

She doesn't need a degree to get a job. There are jobs out there.

First of all you need to file the I-130 and I-485 so you can get a GC. You are married to an USC so the over-stay will be forgiven. The only problem is that you cannot leave the US until you get the GC. Your wife will file the I-864 affidavit of support no matter whether she makes enough money or not. If she is below the 125% of the poverty level, she will need to file a co-sponsor that meets the 125% above the poverty level for their family size plus you. As stated above any LPR or USC can be a co-sponsor.
In regards to your point #4 the I-765 is not a visa it is EAD. You can file for the EAD when you file the I-485. You can also file the I-131 for advance parole (AP) so you can travel, but due to your over-stay leaving the US is more of a risk than for most people with AP, but that is something you will have to decide.
You are out-of-status and deportable, but you would have to encounter the CBP within the US for that to happen, so avoid the Southern border as the CBP has a presence within 100 miles and can stop you to check your immigration status.
Dave

Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

At this point, there is probably not much you can do until a green card is issued. Driver licensing authorties are notoriously stubborn on document requirements (I speak from two different experiences with my wife and dealing with DOL in WA). Others have posted DOL's counterparts in other states are essentially the same.
Since you are just starting out, USCIS will not expect nor require you to have a joint bank account. Furthermore, this is something that is expected when the time comes to remove condiitons on residency (although not required for that process either provided you can compensate in other areas). The AOS application will not be denied if you don't have a joint bank account.

Good info. Good idea to carry a copy of your NOA for AOS, I will try to remember that.
It does state on the USCIS website that entry is still at the discretion of the CBP agent, which can always be scary.

So.. I just got back from the Philippines last Feb. 18, 2015 and thought of sharing my experience.
It starts at the Philippine airport (NAIA Terminal 2). At check-in, they asked me for proof that I am admissible to the US. They need to make sure they wont get in any trouble for allowing/carrying you on board their plane to USA. I showed the lady my combo card and she has never seen it before. She asks for my greencard so I explain to her why I have the combo card instead and what it's for. She goes to her supervisor who is equally clueless about it so they decided to just go ahead and give me my ticket and a small yellow form I had to fill out, then told me show my combo card to the customs officer who would know more about it. At customs, I gave them my passport, combo card, and that little yellow sheet and no questions were asked.
After 12 hours ... Arrived at LAX 6:00AM
I asked the lady assisting passengers if I should line up at the Visitors or Permanent Resident/Citizen lane, and she said just line up anywhere since everywhere is pretty much empty. She also said that she usually asks combo card users to line up at the Visitor lane though. I handed the CBP officer my passport, customs declaration paper, and my combo card. He asked me what food I brought in since I checked that on the declaration paper. And then he asked me to put my fingers on their machine for fingerprinting.
He continued checking my documents and looked extremely lost so I offered my AP NOA2 letter which he gladly accepted. He said the letter was familiar to him, but the combo card wasn't. He even asked if I had a letter/form with a picture on the bottom right of it, to which I said no. (no idea what letter he was referring to.) After checking things on his computer, he kept my documents and just asked me to stand near by and an officer will come get me for my secondary inspection.
The 2nd officer then brought me to an office nearby. I think it was called the Admissibility Office. He just asked me to go in and sit and reminded me that cellphone use is prohibited. It was pretty early and there were only 3 other people there who were also in the same flight I was, so I only had to wait about 10 mins to get called. The officer just asked if I was travelling alone, nothing else. He checked if I was out of status at any point. (I was, but was below 180 days. I had no arrests or convictions and my record was clean). He just wrote and typed a lot and then gave me a small paper detailing that I was admitted to the US on parole which is good for 1 year. I verified if my pending petition for adjustment would get affected, and he said No and I was good to go. He said that since I have No status as my adjustment petition is still pending, the paper lets me stay for 1 more year until a decision is made on my AOS. I just handed my passport and parole form to the lady at the desk before leaving the office, and then I collected my bags and went on to my connecting flight to NC. I arrived in Jacksonville, NC around 9pm and found my loving husband waiting for me with a bouquet of flowers. (Ehem! Guys, this is a really sweet thing to do.. )
It was scary since my entry back into the US was relying on someone else's discretion and the combo card was not an assurance that I could get back in. I read a lot of stories about it here on VJ but I still didn't know what to expect. But overall, the entire experience was not as stressful as I expected. I was prepared to show all my papers, including NOA2's, the letter that came with the combo card, and my marriage certificate etc., but he never asked me for it. Still, its better to keep these things in your carry-on since not a lot of CBP officers are aware that the combo card even exists. There ya go, hopefully this will help others who are planning to come back in using the combo card.

I would expect that you would have more of a challenge to provide evidence of your relationship being legit if you just cancelled one and so quickly turned around to make another application. Perhaps I'm misunderstanding your post but it seems like you've already found another fiance and are ready to file again? Or if you are just asking for down the road then I don't see why it would be a concern then. People break up. It happens. The CO would understand such a thing. As I stated though it might raise a red flag if you're filing immediately for a new fiance after withdrawing so recently. But again, I'm not sure if that's what you meant in your post.
Good luck with your journey, wherever it takes you!

As you would be TSC I would suggest not organizing a wedding for December '15 TSC is really delayed and getting worse. It takes 200 days from NOA 1 to NOA 2 then two to three months after that. You cannot get married until you have the visa and gone through POE (you also cannot exit the country for 3.5 months - to get the Advanced Parole).
For us we are just going to do a quick wedding at a registry/clerks office as soon as I arrive and then we are holding the actual wedding in August '16. Plus less stress of visa + wedding organisation!

This brings back vivid horrors of how we and others were treated at Guayaquil -- like fraudulent criminals.
Hindsight is 20/20... having to do it over again, I'd have not left the place until I got to speak with the Section Chief of the Immigrant Visa Unit (= the CO's boss).
You say that you're "back home" -- in the U.S.? You might want to turn around, go back to the D.R., and not leave the embassy until you get to meet face-to-face with the Section Chief of the IVU.
Whether calling or visiting (forget e-mailing), insist on speaking with an American. Play the "USC" card. You will not stand wasting your time dealing with Foreign Service Nationals (the locals who work at the embassy). You are an American and you insist on speaking only with an American, and "anyone who blows me off or fails to transfer my call to a live line or hangs up on me will be in deep trouble." You are indignant and righteous and have every right to redress of your grievances.
Egad, but this brings back memories that still leave me shaking with anger.
[Moderator hat on]
*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***
[Moderator hat off]

Are you even reading the stuff you post?
I excluded Boston because they weren't home grown sovereign citizens like the article mentions.