Cadence

You said it's been 3 years since you've been married, so she is well past the CPR stage and all? Did she apply to be a citizen? There's no retaliation you can have against her immigration status just from the details you have provided. 
 
Best thing you can do personally is think about whether or not you want to remain with this woman who is so jealous that she cannot recognize your love for your daughter is a separate love for a wife/life partner. 

Have him apply for a tourist visa. Tell him to be honest - that he overstayed his prior visa. The officer *should* refuse him and tell him exactly when or if he will be eligible for an immigrant visa. At least you'll know what the situation is and can determine whether it's worth the time and money to file an I-130 for him. 
 
A visa denial is also decent proof of relationship (ConOff will note he wants to visit his LPR son). 
 
He should bring some evidence of his date of departure from the U.S. as that info isn't always registered. 

You won't be going back in the next 5 yrs. sit it out. 

Appeal what?  Your change of status would've been effectively abandoned upon leaving the country.  Time to wait it out.

USCIS will likely dig into the circumstances surrounding your arrest and conviction whenever you apply. Given the nature of your DUI, it wouldn't surprise me if you had to wait the full five years for it to fall off from your "good conduct" period.
 
I am not an immigration lawyer, however, so consulting with at least a couple to see what they say would probably be the smart next move.

At the moment, yes, however the I-140 has recently been updated so things are in a state of flux: https://www.uscis.gov/i-140, definitions could be tightened just picking a few like:
 
2. An alien, who in the three years preceding the filing of this petition, has been employed in a primarily managerial or executive capacity for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive.
3. A member of the professions holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.
 

A big one is to make sure all the forms and checklist is aligned so you do not rejected: https://www.uscis.gov/forms/petition-filing-and-processing-procedures-form-i-140-immigrant-petition-alien-worker
 
Good luck.

Actually even if they divorce she can AOS as long as he doesnt want to pull the i-864.  

No further information is required
The OP came on a K1, married, filed to adjust status (AoS) and has not yet received the GC
 
She is no longer living in a marital union and is no longer eligible for AoS
 
Removal of conditions, RoC, happens about 2 years after the initial GC is issued (for both CR applications and those who adjusted from a K1 generally)

This is not true.
 
There actually is another thread currently having discussions in the Effects sub-forum about the same topic. If the husband is still willing to honor his 864 (not withdraw it) then she can be processed.
 

Hawaii is a little different than other states.  They can and will do customs checks even though it's just a normal state.
Do what you want to do. Yes,  they can deport you since you are out of status and not in a period of legal stay. It doesn't matter that you arrived legally. Simply filing the AOS and getting the NOA1 would fix that for you.  If you don't want to, that's your choice.  It sounds like you just want people to say it's okay and really, it's not, regardless of the fact it's a state to state flight. 
 
 

Anyone can get married in the US if they are free to marry. 
 
Now you might want to be a bit more clear in your question though. Are you asking if someone who lives as a Permanent Resident in Canada can marry a USC and then that USC file a spousal visa? 
 
or 
Are you asking if a Canadian citizen now a US green card holder can marry someone of another Country not a USC. Then file for a spousal visa? 
 
The answer differs a bit and I would also like to make sure this question is in the right forum.

Sure, it is forgiven if AOS is approved and there is a hold from the date of filing the application.  Until such time, you are deportable and illegal.  

My husband's in prison and he successfully petitioned me. I've been a green card holder since April last year.
 
They will look more closely on your bona fida evidence, face to face visits are the most important. At my interview, the CO (councilor officer) did ask a lot of questions about my husband's crimes, how often I visit (about 18 visits) etc. He was also very interested to make sure we were allowed contact visits. It was obvious that he had called my husband's prison because he commented on how much we emailed each other. 
 
I would recommend the CR-1 for two reasons; 
 
1. On the k-1, you have 90 days to get married once you enter the US. And we both know that the prison system is not too good with planning and keeping deadlines.
 
2. On the cr-1, you will be allowed to work straight away, which is obviously extra important when one spouse is incarcerated. 
 
Although your fiancé will fill out an i864, you need to have either a joint sponsor or assets of three times the poverty guidelines to meet the financial requirements.
 
Feel free to PM me.

I agree with Nola that there is a lot of misinformation here and also non-relevant questions. I guess its out of curiosity- but Debby does not have to answer them...
 
Anyway- the two visa choices are the K (fiance) and the CR (spouse). They each have advantages and disadvantages that you can find by reading the guides at the top of the forums. I believe there is a guide comparing the two.
 
In addition to the info found in the guides is the extenuating circumstances of this case. (prison). If the K visa is used then IMBRA guidelines require he disclose his conviction on the 129f petition (the one for the K visa). He would have to send a waiver with it. Its basically a statement explaining the charges and circumstances. I do not know if they would approve the waiver and allow him to file the 129f. Typically people file those waivers for domestic violence charges they may have or DUIs. So you may file the 129f and have it denied...
 
If you file the CR visa you will need to be married. They will also see his criminal convictions but there is NO waiver needed with the application. So you will be able to go through all the steps outlined in the CR guide. However when you get to the interview there may be a problem. They technically can not deny you guys because of his conviction- but they can use the conviction against you. They can suggest/believe that he is of poor moral character and unable to make a statement of "I entered the marriage in good faith". So because of that you can be denied. You would then have to refile with additional proof. It can be costly and time consuming. USCIS is 'known' for giving a hard time to particular people because its honestly all they can do in some cases (make it hard). So you may end up filing the CR and getting denied and having to refile. It can take years before you are ultimately approved. (im also assuming the conviction has nothing to do with a minor since you mentioned self-defense- if it was a minor it makes a difference) 
 
Are there any other convictions he has in his record? Besides crimes against minors/sex crimes, the AWA covers prostitution/solicitation. So if he has convictions for any of that you can basically forget ever getting a visa.
 
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There are also complex procedures for getting married while imprisoned. Have you looked into any of that? I believe he would need permission, and you shouldnt travel to the US to get married unless its all set up ahead of time. As some have stated here- you can enter the US with the purpose of getting married as long as you are leaving afterwards and not staying to adjust status. So you will have to convince the Border Agents of this. Because of the situation they may not believe you and refuse you entry. 

You're posting so much misinformation. They do not have to convince USCIS of anything of the sort - CBP granted entry, and thus the OP showed no intent of marrying. Now, they just proceed like a normal AOS.
 
Seriously, people need to stop this labelling those who didn't use the K-1 process as "illegal". 

I understand your frustration since losing your job over something you can't control 100% is no laughing matter, but what Hypnos said it's true and you shouldn't lash out like that. You had the responsibility and option to file as soon as you could to renew your documents, interview or no interview. The first part of Hypnos's advice is also true - go for an expedite based on financial hardship at the prospect of losing your job if your EAD is not renewed on time. 

There is a ban for accruing illegal presence in the US, which will be triggered on leaving.

If he's in the country, wouldn't you do AOS instead? CR-1 visa is for people to enter the U.S. from another country based on marriage. (correct me if I'm wrong!)
 
If he does AOS, he can't leave the country unless he has AP in hand and that could take ~3 months or more. Is he prepared to buckle down with you, or have business at home to wrap up such as job/house/car, etc? If he has to be in France to do so, CR-1 once he's in France would be the way to go.

hi, gulbalo
i have read the many opinions here re your parents' situation and the difficulties you might come across in re your intent to petition them under the family unification act.
while adjudicators are mandated to comply / follow the laws, in this case, the family unification /reunification act, the situation or circumstances of your parents pose a serious  challenge to adjudicators.
while our laws here consider as legal the marital practices in your country, the situation of your father crosses the lines drawn between monogamy and bigamy / polygamy in this country. it is, also, against public policy and customs. 
so even if the 1st wife, whether a legal one or not, certifies she is not interested to join nor live with her husband, your father, and your father certifies he won't practice polygamy, such assurances in paper are not worth anything because there is already defect in the persons themselves. 
what assurance is there for the adjudicator that your father won't go back to your country and sleep with the first wife, again? whether he will or not will be viewed as abuse on his part or abandonment of a first family. not something to be viewed very kindly by us, americans. nor will it be a credit to your father.
 
she has to be divorced, no matter the presence or absence of the marriage registration papers, and even if divorce does not look good or viewed kindly in your country and culture. if he does not, then he be accused of getting his cake and eating it too. if your father wants to immigrate to america he has to comply with the laws of this country.
 
but then, again, the marriage dates of your dad to the 2 women and divorce date will show that both women were his wife at some concurrent dates   
 
any fact or circumstance, on the part of the beneficiaries, that presents as problematic to the adjudicator, will now fall under his discretionary power.
adjudicators won't function as your lawyers to try to solve it for you, they  have the discretion to make whatever decision they think is  best for the country.
 
i hope this makes it clear that the person adjudicating your papers, has both mandatory and discretionary powers and this being the case, your parents' situation does not do them any good in his/her eyes.  your dad would look like he wants to have the best of both worlds. he has to make a choice according to the laws of this country
 
even a lawyer won't view this as a slam dunk of a case. may promise to do it for you but the outcome may not be to your expectations.
 
still i wish you good luck. 

Do you mean to say your visa will expire in 10 days, but you plan to get married in 5 days? 
 
You can stay and do adjustment of status from your B2 to permanent resident, but are you ready for that? Cost is one thing to consider, but what about your life back in your home country? This process could take 6 months to a year generally speaking. Do you not have any business to wrap up? A job to quit? Documents to secure/grab? You cannot return to your home country without at least obtaining an Advanced Parole document, which may take at least 3 months, if not more depending on your case. You cannot work here without an EAD, which will take generally 3 months. Can your future spouse support you until then and then some? What evidence of bona fide marriage would you have if you kept coming and visiting on a visitor's visa? Are you confident that between now and the interview date you'd be able to arrange all of this? 
 
It's not impossible, but it's not a light decision to make. Why not take a look at the I-130/I-485/I-131/I-766/I-864 documents you have to submit on the USCIS.gov website first? Read through the required evidence and supporting documents that need to be submitted with your application so you know what you are planning to get yourself into. 

This is a bit of complicated subject and Im not sure you are going to find anyone in the same situation as you that is going to respond.
 
The first thing you have to remember is VAWA is confidential. So there is absolutely NO WAY that the Officer is going to directly bring it up. Even if YOU bring it up they are not going to even acknowledge that there was a VAWA claim filed by your ex. The VAWA is/was her case. It is protected by strict confidentiality laws. Which means again- they will absolutely not acknowledge it or discuss it with you.

That does not mean that it doesnt exist though. So its an odd situation. When someone has been on the opposite end of a vawa claim they are not restricted from filing additional petitions for new spouses if need be. Those petitions are approved often with no more difficulty then an 'average filer'. Sometimes however they are harder to get approved. They wouldnt be harder because of the vawa decision but because of the surrounding circumstances. (if there were DV charges or other criminal charges)
 
So theoretically filing for citizenship should be the same. When a vawa claim is submitted USCIS only makes a determination that the filer suffered abuse. They do not make a determination that the LPR or citizen on the other end is an "abuser". I know that doesnt make much sense- but thats how it is. Its why the "accused abuser" does not get a chance to rebut any accusations. Because technically they are not being accused of anything. Technically it just establishes abuse was suffered by the alien but does not go as far as assigning fault to the LPR or USC. Its a strange process but its a specific process. 
 
Plenty of the 'accused' have found fault with the process and feel they should have a voice. They do not and can not because of the wording and how no specific fault is assigned to them. So basically there is no reason for them to have a voice if there is no penalty assigned to them in the outcome. 
 
But again, because the vawa is documented with USCIS and they are going to review your history as well as anyone attached to you they are going to see it. You say you have NO criminal issues as a result of the matter. So there shouldnt be any issue with it. I suppose the Officer can deny you based on moral grounds with out specifically stating its about the vawa (because again they will not confirm the vawa) but there is also the fact that you are required to only show good moral character for the immediate 5yrs previous. You may already be out of the time frame of that as well. 
 
I would expect some questions about your ex and things like that and perhaps based on your answers they could find or feel you are lying to them or misrepresenting what occurred- hence a moral denial. So like others have stated you should bring with you any court papers you have or anything that supports your side of the story if it comes up. 
 
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Anyway if your GC is expired you can always go and get a temp stamp that you should be able to travel on. 

she can still pay her bill regardless of her status, there are millions of people here that are out of status and undocumented and they pay their bills, that has nothing to do with legal status, she pays as usual, her credit or debit cards won't be canceled
 
she waited too long, she should have filed in October, I am looking at the form and at the top there is a box to check for renewal and it says to send in copy of the work permit. she should fill it out tonight and fedex it tomorrow. and then in a couple of weeks, make an infopass appointment and see if she can get it expedited
 
 

Your bona fide evidences are kind of weak in my opinion. You can go ahead and submit those, but your IO may give you an even harder time than mine did come interview time. I also had cards and travel records, but the IO kept asking for documents with both our names on it that were more than just "hearsay" - aka not from just friends and family. From your story I'm assuming you didn't have enough time to go get a bank account together and what not, but it's a good idea to be very prepared when it's time for your interview. Strengthen your bona fide evidence with documentation (the IO emphasized this so much during our interview) of your names together.

You said "etc" so just wanted to chime in with a personal experience for your benefit.
My interviewing officer cared very much for this and said this was the bread and butter of the I-130 petition. What documentation do you have that has both your names on it? The stories and photos are nice (especially if the photos are over a wide time frame and are not just selfies of you two), but they won't cut it. Neither will just a bank statement, no matter how long the account has had both your names on it, etc. If you can add in any joint bills, joint leases, etc, it'll be better for you. Pad out as much as you can on this end.