Rc123rc

Maybe you ought to just finish the divorce first and let him file on his own with a divorce waiver. You can help him answer questions on the forms though. If he is not contesting the divorce he probably should respond. The whole process might go faster.

http://www.visajourney.com/content/naturalization_guide

ICE could care less. They have bigger fish to fry. Fraud is really really hard to prove and this sounds like a situation where fraud could never be proved. It's a failed marriage as far as immigration and most people are concerned. Even if she tries to adjust with a VAWA it has a low chance. USCIS is on to the VAWA scams and scrutinizes carefully. Same thing with annulments. States are tightening up what qualifies as an annulment.  It's being abused too much. Again, think about what you need to do to protect yourself, don't focus on trying to get her out of the country or screaming fraud. It's a waste of emotional effort. Sorry you are going through this. Get some counseling if you think it would do some good.

53 minutes ago, thegreatwm said:

She has no evidence because I never abused her. I gave her everything she wanted up until she left. There are no police reports, bruises, anything of that nature. There is nothing. After how everything went down today, I doubt I will see her again. We just had a small minor argument and she said she will go. Now she's gone and I feel like I'm going into shock. Couldn't she go somewhere and have someone rough her up purposely and then say I did it? Since she isn't here now, is there anything I can do to protect myself to prove that she's not here. Meaning, what can I do to prove that we aren't living together and I'm not looking to harm her? I will gladly buy her a ticket to go home and even though I offered, she didn't take it. It's crazy how this day unfolded but luckily I didn't file any of that paperwork. That would be even a bigger headache.

That's good there has been nothing to accuse you with. You are right though. She can have someone rough her up if she wanted to go down that route but a lot of times that backfires on them. Not sure if it legal to change the locks, especially if she is on the lease nut it's a thought, close the joint accounts, stop paying for a cell phone if you are. Heck, post a video camera outside your home and meet her outside if you need to. There a lot of fine lines in this situations. The idea is though, don't give her any future chances to accuse you of anything. Maybe she does just want to go home and this is her way of doing it. If so, let her go. I would say counseling but if she's done a 180 then not much you can work on.

14 minutes ago, Russ&Caro said:

 

This would be pretty hard to do. They don't let people who don't have a ticket into the gate area at US airports and unless the departure airport is really small, you have no way to see if she gets on the plane. And, of course, if it's a small airport, chances are it doesn't have direct international flights.

 

The only conceivable way to do this is to buy yourself a cheapo ticket to somewhere that you don't intend to use to allow you into the gate area. Seems like a lot of hassle.

Yes, it is a problem I am aware of. No one allowed without a ticket. There is a risk she will go back after clearing security and then "disappear." Not OP problem but if she remains in country then other problems might pop up. 

10 minutes ago, thegreatwm said:

I suspect fraud because after she came here, all our plans changed. She's just been trying to string me along by withholding sex, putting off our plans, refusing the change her name after we discussed it etc etc.....Anyway, I don't think she plans to return to her home country. She's already packed her bags and left out. I just came back to the house and she isn't here. As far as I know, she doesn't know anyone in our city so I'm guessing she knows someone and will stay with them? I don't know. She was hoping that I would beg her to stay but I'm not that type of guy, not anymore. Sorry if I'm all over the place but I'm just kind of emotional right now. I knew this was a bad idea in the first place and I should have trusted my instinct. I feel she will try to find a way to stay here legally.

Well, that certainly puts a new spin on things. Start the divorce proceedings for your state. Document everything. Have a witness on hand for any face to face situations. She has to have proof of abuse, file police reports, hospital and everything. Nobody can adjust for her. If she still wants a plane ticket then buy her one and make sure she gets on the plane and it takes off with her on it with no way for her to get off in this country.  You didn't file AOS and you didn't sign an I-184. You're not financially liable.

I'm curious how you petitioned AOS off a B2 (Husband) and VWP (His Daughter). I'm definitely missing something here. 

I've seen a number of denials on here where there was an "Engagement" Party or Ceremony or a Religious Wedding Ceremony. None of them legally binding as far as USCIS is concerned but they considered you more than a K-1 fiance so "DENIED" unfortunately. 

4 hours ago, Mannyking said:

Well thanks for your contributions. Any other suggestions?

I can see why you would not like the answers you are getting but, please do not ask members to find an answer for you that would try to find a way around your dilemma other than the ones already given. It is a violation of ToS. I suggest you find out first of all if there is a ban on you for the misrepresentation. 

Thank you for the information. Do you have a question?

You have your marriage certificate showing both maiden and married names so it's not a problem.

Two places. I-134 when beneficiary going to interview in their country. I-864 when filing for AOS (Adjustment of  Status) Please review those documents. You should get tax transcripts from the IRS, Keep copies of all you current year paycheck stubs, W-2 forms and have a letter of employment. 

http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

It says you can file a waiver before finalized but there are risks if you don't have a final divorce decree within the required time limit. Please be careful. I will re-affirm what I said before. You have to put "Married" with current name. This is true with all forms until you actually have a finalized decree and the name change has been approved through the courts. 

Think of it this way. the date of filing determines a lot of your answers. If the divorce decree is not final then all the answers are given as of the date of filing. As an example, married is the answer, not divorced to Part 1.10.You can't put future values in the form.

You're right. Your B2 has a high risk of being denied since you probably can't prove enough ties to your home country. Also, if you stay 6 months in the U.S. and then try to come back a month after you leave, that would almost prove you have no ties and any attempt to "visit" would be viewed as an intent to immigrate. I say you wait, finish out you degree in Brazil, have your BF go there and marry, then file for a CR-1. 

#1 Current income is zero so I think no.

#2 I don't know about housing question. This is section 8 Housing? If her income is less then 125% poverty level for the number of reported household calculation then no.

Ouch.. It's possible. You can only submit and see what they say. You grandfather is going to be the determining factor anyway since he is a joint sponsor and clears the 125% requirement.

It's not what passes through your bank account. It looks like your part time job would be the only thing you could definitely claim as income. If you leave school, your grant is null. Loan money is never considered income. Your grandfather's occupation of retired is fine. The 1099-R is proof of income. You will need copies of tax transcripts, pay stubs and the 1099-R. 3-4 copies is the norm. 1. Submission 2. Copy for you 3. Copy for fiance 4. A complete copy in case USCIS loses the original.

Overstaying not a good idea. Get married, have him go home before the overstay, get your citizenship, petition him for with a CR-1. If he has already overstayed then he is illegally in the country. Your citizenship requires good moral character. Your plan is not showing good moral character.  

Your gut feeling is correct. Read the guidelines for a K-1 (Fiance) or CR-1 (Married) Visa. There is no cheap fast route per se. 

I'd be concerned about the filing fee for AOS. If $195 is difficult now how easy will it be to come up with the $1225 for the I-485 + Biometrics. You might want to sit down, read the guidelines for the K-1 or CR-1 and associated costs for each one. How each one fits your timeline is another consideration. 

1 hour ago, aaron2020 said:

Wife has a SSN, so she does not qualify for or need an ITIN.

 

MFJ would be best since her income is 0.

Even if they did have income there are one time foreign income exclusions that they might be able to claim. 

10 minutes ago, Hypnos said:

Another lawyer earning his $$$. 

Agreed. Chances are it's a total waste of time. But, since the OP gave zero information that would actually help us give him any decent answer it doesn't even matter. 

OP.. in all fairness, we don't read minds. The more detailed the question and information the better the answer. However, saying that, we don't need a life story either

95% of her belongings were shipped ahead of time with customs documents fully filled out. She did however get questioned quite a bit about the 1 of 2 suitcases full of snacks and gifts. Nothing was expensive it was just the volume that surprised POE. She filled out the customs docs listing everything on the plane. Did not take any chances on excluding items and getting called out on it.

Well, you've been flagged with "Immigration Intent" You'll need an Immigration Visa. K-1 Fiance or CR-1 Married are the first ones that come to mind.