Allie D

He would still an require I-601 waiver, but he's very likely going to need an I-212 as well (they can be filed together). Voluntary departure seems unlikely given his EWI, years of unlawful presence, illegal work, and criminal history. The voluntary departure would only avoid the penalties for deportation...not the other other items, which will resort in at least a 10 year ban on any future visa the moment he leaves the US. The waivers to overcome this inadmissibility (and deportation if that occurs) will likely add 6-12 months to the CR-1/IR-1 spousal visa, which alone takes 12-14 months. I've seen it take only ~4 months sometimes, but I would plan for the better part of the year to be safe. His full criminal activity will need to be disclosed in the process, and the waivers are not guaranteed (albeit the odds aren't horrible if a compelling case is made).
 
It's not a simple case and I would suggest seeking (or still using) an experienced immigration attorney that has an expertise with waivers. Expect 18-24+ months from filing for visa + waiver processing.

I wasn't sure what the OP meant by "not abusive" because it appears that English isn't her first language.  In South Asia, abuse is often considered to be physical, and I wondered if there was a psychological component. For example, she says that her "husband wanted to take revenge with me." But yes, given the evidence provided by the OP so far, it seems that VAWA would not apply.
 
The question then is whether she can get divorced without being physically present in the USA. 

What do you mean? You don't want to be in deportation proceedings? You can leave voluntarily.
 
Staying in the US, by hook or by crook, is another thing... given your current situation, unless your wife continues the petition, you can't stay legally.

That would be fraudulent to find someone for immigration benefits

1.) Prior visa denials won't affect it unless it was for something like misrep. Make sure to not lie on any of your applications or what you say to the interviewing officer, it can come back to bite you.

2.) They don't have to be related to the petitioner, we had to use two cosponsors, my mother, and one of our mutual friends that is of no relation to either of us other than friendship. I live in Texas, our friend lives in Washington.

3.) She would have to provide everything she could. If she didn't file taxes, she would just have to write a statement as to why she didn't file. In her case, probably due to making under the required limit.

4.) You using any means tested benefit like medicaid and such. Ideally, you don't want to use anything the government provides, but different states have different laws as to what you can and can't use. Honestly in my house, the only "government benefit" that is in this house is that my daughter receives SSI for disability, but we won't ever apply for food stamps or medicaid, our goal is to be on the government as little as possible, so we just work hard.

5.) Some don't but yours should. Note that if they feel that you will become a public charge even with one cosponsor that makes the limit, you may be asked for another. Like I said above, my daughter receives SSI, so until my husband (at the time fiance) came down here, I wasn't working and hadn't so I could take care of my daughter. Because I was unemployed due to having to care for my daughter, the CO considered my fiance at higher risk of becoming a public charge, and even though our first cosponsor (my mother) made more than enough, the CO still asked for a second cosponsor as insurance that my fiance wouldn't become a public charge. Now, my husband works over night and I work during the days, it's hard, but there's always someone there with my daughter and we're doing pretty well now.



As for using assets, you're better off not if you don't have a job. You have to have AT LEAST 3 times the amount of money that you didn't make in assets. So in this case if her father tried to cosponsor for you, and his daughter is NOT a dependant on his tax returns, he would have to show he had 60,900 in assets. If his daughter is his dependent on his tax returns then he'd have to prove 76575.

When it comes to things like houses and cars, they have to be appraised by an appraiser. The appraiser has to sign a form and officially appraise it, it can't just be a guess or a kelly-blue book car value. 

Here are the income limits for this year:  https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

The household is the sponsor, any tax dependents or children under 18, and the foreign fiance. Ideally, you want the person to meet the 125% as that's used for the AOS and some CO's will use that instead of the 100% which is TECHNICALLY suppose to be used for the I-134.

These expedites are done for ppl with pending AOS/EAD all the time. IF you have a job offer it still falls under financial loss regardless if someone has signed an i-864.

You said you were getting a divorce because having children is too expensive and hard?  People only have what you've stated to base their opinions on, even though you didnt ask for their opinions.
 But you are correct that we can't know your life since we don't live it.  Best of luck to you and your family.  

so you went into a marriage knowing she could not have kids and are now using it as a reason for divorcing her? grow up be a man and stay by your wife's side. you went into this marriage with full knowledge of her fertility since children and family are a large part of your culture. I would expect a tough removal of conditions since you will have to justify how you now all of a sudden you see child production as a deal breaker but when getting the visa to come here you were able imagine a life with out your own kids.

I wouldn't be too sure that everyone screaming "fraud" necessarily "did it the right way". Some people simply enjoy pulling up the ladder after they receive a benefit.

What do you mean? Have you received any further notifications from USCIS regarding your case? Has your case been closed?
 
What kind of proof did your husband provide to support his claim that you were in a fake marriage? What kind of proof can you provide that the marriage is not fake?
 
Are you attempting to continue with the adjustment of status process by yourself? Or do you want to voluntarily leave the USA without risking deportation?
 
Your husband is abusive and you are better off without him. Stay safe.

As an immigrant myself and one who has gone through an exhausting immigration process to be with my spouse, I am aware of the goals of many like myself here - to be with their loved ones. This is not something I needed to be told. But emotional appeal aside, there are right and legal ways to achieve that goal. It is no secret that US immigration process, especially for those seeking immigrant status, can sometimes be frustratingly lengthy and people are tempted to take the easy way out or shortcuts by maneuvering the visa system. When people take that route, then it is our responsiblity, legally and ethically, to point that out and abstain from further advising them so that we are not seen as enabling or encouraging others to commit fraud. No one on VJ is "hung up" on accusing others of anything, unlike some who prefer to jump to conclusions and make speculations about people's intention. Asking a question is just part of that responsibility.
 
Anyways, it looks like this issue has been cleared by a moderator so there is no need to continue on this discussion as it will only detract from the main discussion. As someone who is new to this forum, perhaps you are not aware of this. Should you wish to reply, please message me directly with your concerns.

Certainly seems unusual.

Maybe wait a couple of years to adjust status? If you are not going to graduate until 2019 and you will have OPT after you graduate (one year, or 2 years for STEM), you can collect evidence that the marriage is bona fide and adjust later. 
 
You don't want to get into trouble. 
 
I don't know what others recommend, but I would renew my F-1; unless you are not planning to leave the country in the next 2+ years (that could be difficult). You could go renew your visa and introduce your new wife to your family, collect some additional evidence that the marriage is real. Also, usually you don't have to do an interview to renew F-1 as long as you renew it within 1 year of expiration date (check you consulate in home country for rules), so it is fast.

Sounds like he is out of status and deportable, so no time to waste,.

I have a feeling their are ongoing issues with the OP and spouse and perhaps the spouse does NOT want to file for the cr1 at this time so the OP is hoping to go on a F1 visa and 'rekindle' the marriage. If u have issues and ur husband isn't supportive, sorry u need to focus on yourself and your life. If he is not willing tons the cr1 visa, or go visit u in the UK then I suggest i get some help because getting an f1 visa would be fraud. Living far away from ur family and home with no job or income is not going to help ur mental health and the USA does not have a great mental health system especially with no insurance. 
 
I really hope ur able to get the help u need in the uk

It takes around 12 weeks for a spouse of a U.K. citizen to immigrate to the U.K. Since the OP has mental health issues I would recommend the husband move to the U.K. as it is not only quicker and easier but it will ensure the OP can receive a continuation of care (on the NHS at no cost to her) which is crucial for effective mental health treatment. Uprooting to another city is not wise with mental health issues as the care would be interrupted but moving to another country would be even worse. I'm not convinced that OP is strong enough to cope with the stress of immigration. 
How much would your treatment cost in the USA? 
 
I'm concerned that you think people will judge you. I'm in Washington state and moved here from the U.K. So far I haven't had any problems with being accepted. Quite the opposite - people are fascinated to hear what life is like in the U.K. and are always telling me how much they would love to see England one day, etc. If you are worried about your relationship being unconventional and people not understanding that - well, we all wear the t-shirt for that. We are here to support one another through the process and in our new and complicated lives beyond the process. It's not easy being an immigrant! 
 
Another thing that intrigues me is that you say " I married a US citizen" and you are thinking of studying in Spokane and returning to the U.K. Seems odd. I've never heard anyone say "I married a US citizen". Most people marry their boyfriend/girlfriend or "the love of my life", "soulmate" etc. It just seems somewhat strange (maybe even cold?) to refer to his nationality. And you don't want to live with him? Are you having second thoughts about the relationship in general? Many of us have experienced that.

Having also visited Qatar and being friends with expats who lived in UAE, my impression is that these countries have more conservative attitudes towards women than South Asian countries. However, if you are affluent and educated, women have good opportunities, even in the Middle East. As OP said, she made a life for herself in Dubai before she got married.

As others have noted, an attorney won't necessarily speed up your case. However, if you have a complicated case or questions that can't be answered by crowdsourcing on a forum, an attorney's advice can give you direction and thus "speed up" the case. My husband and I filed for AOS without an attorney. However, he's anxious about the interview -- he wants to reschedule it and wants professional advice on whether it's a good idea for our specific case. He would also feel better if an attorney looks through the new evidence that we've collected. We're going in for a consultation to ask final questions. Will this "speed up" our case? It might put my husband's mind at ease but it won't have any effect on the interview date. If we reschedule, the new date is completely up to USCIS' discretion. We're seeing a good lawyer but he won't be able to get us an earlier date.  

A box is fine. I sent my AOS packet in a small box to the Chicago Lockbox via FedEx. UPS would be the same.

No it's not. This is America, you can chose what YOU want not what anybody else want. 
I'm a UPS delivery man and Matthew is a common last name I see here. 

Has been said a million times that most applications are decided on the basis of the application and the interview is a formality.

Probably easier the person you are coming to "meet" goes there to you.

You can do a Masters in the UK.

she would likely be better off investing the 100K in the 'business.' Again, I see no changes in her circumstances, only in why she wants to go to the US, not why she would return...and the notion that a Indonesian business plan requires that she eventually get a K1 visa is rather hard to believe....when did Indonesia enact that law?

What would a degree cost? Assume north of 100k, she has the money she wants to do it why not go for it?