linafinn

You are right.
 
There will be no legal path for you in the US. If she wants to divorce now then you have no way to GC.
 

In addition to both of these things, I did some research and it turns out that regarding both points he's talking about employment based green cards, he made no mention of marriage based green cards

When did he say he was going to stop green cards for one or two years? In March, he said he would like to see H1B paused for a year or two because there are Americans looking for work who could do the jobs the people on H1B are doing. These people don't have green cards. They are temporary workers.
Remrmber he was just saying what his supporters wanted to hear. Many of them don't actually realise that he alone does not have the power to do any of this. He won't even be in office until January and even if he decides to change immigration policies it will take years. Nothing will change overnight.
*~*~*moved from "CR-1 spouse visa process and procedures" to general immigration news and discussion*~*~*

I feel there's more to your story. You're in a relationship, you're about to have a baby, you're talking about marriage but neither of you want him to stay in the US with you and his newborn child?!?!?! Anyway, whatever ties he has to Mexico is not gonna be stronger than a girlfriend and newborn baby in the US. With that said, there's no harm in applying for a tourist visa.

It's still a very unfortunate choice of word here.
Everyone's first thought is "cross = illegally cross".

I'm so happy about the result, I'll sleep like a baby tonight.

Well the only why he can adjust without her is through WAWA so your friend needs to protect herself. Meaning don't live at the same place so she won't get the police called on her.
 
but she is scared that he will run away and he will not be deported , Or he will get asylem or refuge status and stay here
 
Sorry but that is not up to her at all she should move on and focus on herself and the baby.

You cant make someone want you. You cant make someone want to be with you. You cant make someone want to marry you. As difficult as this must be for you, you need to move on with your life and be with someone who also wants to be with you.

Just say you manage to get a visa to the US and go to see him, if he refuses to see you and tells you to leave the property then are you going to accept it and leave and stop trying to contact him?
 
If you don't then you can get in trouble for harassment if you keep trying to talk to him when he says he doesn't want to.
 
His behavior at the moment indicates he no longer wishes to have contact with you, the way he is doing this must be frustrating but it is pretty obvious either you aren't a priority or he doesn't want to be with you. Either way it's over, you shouldn't stay with someone who doesn't prioritize you and you shouldn't try and stay with someone who doesn't love you.
 
Engagement has no legal standing in America, there is nothing you can do if he has changed his mind.
 
You should accept that he just isn't into you any more. It happens all the time and you shouldn't take it as your fault or something you have done.

The purpose of a student visa is to study in the US. Your intent here is clearly to see him. That is not permitted. It's one thing to visit people while studying here. It's a very different thing to come to the US to meet your ex/boyfriend and also study if needed. The chances of a CO issuing a student visa in your circumstances is near zero. I know you don't like that answer, but that's what it is and you will need to accept.
 
You're emotional and distraught over the relationship. You want to see him. I think we all get that. But this is something for you to work out and/or move on...not something to get immigration involved in.

A student visa has the purpose that you can study in the US. There is NO OTHER PURPOSE than studying.
As if I'm not mistaken you also need to find an university first who would accept you as an international student. And then you can apply for a student visa. Please correct me if I am wrong.

The COs do not know if you are a.good person or a bad person - they need to look at the data available to them and make a decision regarding a visa.
 
First, you want to come to the US to see him, but he doesn't want you here? That sounds greedy/selfish. Second, if that's your reason for coming to the US then trying to do so on a student visa is fraud. You would need a tourist visa to enter the US for the purpose of visiting somebody. You have an extremely slim chance of getting this given your circumstances.
 
You need to work this out with him abroad and/or move on. This is not an immigration issue.
 
A student visa is not for the purpose of visiting somebody.

Well you don't need a job to do K-1, but you do need a joint sponsor.

It's possible that he feels that you are more focused on moving to the US to move to the US, instead of moving to the US to be with him. I wouldn't be surprised at all if he felt he was being used, you said he changed his mind on marriage, you're calling him selfish to do so, but he's within his full right to change his mind.

Also immigration is not a right, it's a privileged, so if for some reason ya'll got married in a future date, it doesn't mean that ya'll would both have to live in the US. He could just say, no thanks I want to live in my spouses home country and then ya'll never come back to the US.



With that said, if he's not talking to it, it sounds like this relationship may be in very much danger and if you're so intent on coming into the US you may need to find another path and do it without using anyone elses means other than your own to avoid this situation.

Maybe he realized you're just desperate to get to the USA...
Sorry, but this is how it sounds based on your post.

Since the filing of fiance petition means you have indicated you want to immigrate, that might raise questions with a student visa application.
 

He can get a joint sponsor.
 
PS
You sound desperate to get to the US.

If you do a K1 and then a CR1, you would have to pay both medical and visa fees twice. It will not be cheaper than K1+AOS. 

You are extremely unlikely to get a work visa to cut hair, unless you are internationally famous as a hair stylist (we are talking Nicky Clarke level of fame).

Get a restraining order against your mom and cut off contact with her. Your mom has some issues and I would not trust your child around her at all. Legally speaking she can't do anything regarding your immigration case.

Apparently the employer doesn't need an SSN to add a spouse, but many don't know this. It's been addressed here on vj many times. That doesn't help you now though. I believe you will have to pay the fee from May-December.  Even if Trump "does away with" the fee it won't affect past tax years.

Maybe find a new accountant...

Well, since an IO is suppose to follow the law, It's not too hard to have a guess - sympathetic or not, they can't circumvent the law
 
She asked ppl here what can be done about his immigration status. From the facts provided there is nothing. Going about reporting would therefore in all likelihood just be a waste of time for her and for USCIS. This is at least what I was trying to get across, and I think also most others from reading their answers. It seems reasonably logical to make an assessment of the work input vs. the result output, before going out of one's way and investing time and emotion into putting such a report together.
 
That's the thing, from the info provided by the OP, there is no evidence from prior to the marriage.

I would not listen to anything the misinformation line tells you. For all you know, he thought you were asking about the green card, or gave you the info for the person who had been waiting the longest (due to an RFE or something) or just made up a date to buy them some time. I have been here at VJ for almost 3 years now and I can tell you that that line has caused more problems than it has solved. They're probably working off of one of these charts, which if you'll notice haven't been updated since Nov 30. The VJ timelines show an average of 88 days, and I'd be inclined to believe them over USCIS. But I believe my 6 year old niece on this subject before I believe USCIS.
 
Now, that said, the 90 day thing is still a "rule" they need to follow even if it's not realistic anymore. The fun thing about UCSIS rules is that they can break them with impunity and there's no one to enforce them especially not these days. But... you can still do a service request. I heard of people doing this at day 75 or 78 or something but I never bothered. I did contact them on day 91 and had the EAD by day 104. 
 
https://egov.uscis.gov/e-request/displayONPTForm.do?sroPageType=onpt
 
Now, fair warning, I think this made them angry because I then got an RFE for the green card application. For something 100% not my fault. A piece of paper they already had and that I did not have access to. It would have cost $500 to get it again (it was the medicals). Part of me still feels that this was my "punishment" for doing the service request for the EAD ("oops we can't fine this very critical and expensive to replace piece of paper"), part of me thinks that I just think that because I have a pretty low opinion of USCIS after all these years. The truth may be somewhere in between. For what it's worth, I had my congressman contact them about the missing medical (I told them exactly where it was-- in the sealed envelope submitted at the border). They magically found it and sent me a letter telling me to nevermind the RFE.

Just imagine what it would be like if after years of being married a spouse could hold over their immigrant spouse's head the threat of "I'm going to report you to ICE and send you back". When marriages don't work out it can at times get ugly and lies can be thrown left and right, but those are marriage problems and not immigration problems. Once someone is a permanent resident, they have rights, even if they might be a complete jacka**. As others have mentioned, unless it can be proven that the marriage was not entered into in good faith, you can't show visa/immigration fraud, and it will not be USCIS's or ICE's concern.

The very best you can do is to take out the trash, and build a new life for you and your daughter, as fast as possible.

There is nothing you can do about his immigration even if you divorce.
 
But you can do something for yourself and daughter and that is to move on.