britishandusa

Well... you did, you overstayed your allowed 90 days (and sounds like you used the k1 visa to stay visit after your engagement didn’t work, not the purpose of k1).
You didn’t overstay long enough to get a ban, but I’d expect the fact of the overstay plus previously demonstrated immigrant intent would make a student visa unlikely. Still, you won’t know unless you try. 

I’m sorry but what’s the point of posting this? People are pretty desperate right now and contacting your congressman is something we are entitled to do. Will it work? Probably not. But I would think this community more than anyone would understand what so many of us are going through, instead of going “well actually...” and getting caught up in semantics (even if they are relevant) 

TOS violation, offending other member.

Good.  It's perfectly fine for your wife to adjust status and get a green card.

The immigration lawyers are correct.  Your wife can file to adjust status in the US after entering on the VWP because you are a US citizen.

Ignore all the chatter about immigrant intent.  That's not a relevant question.  In Matter of Batista and Matter of Cavazos, your wife's immigrant intent upon entering the US does not matter and can not be a basis to deny her AOS.
 
 

Guys, I did not detail the full packet I submitted.  Of course I submitted an affidavit showing intent to marry.  I am not asking for advice on what I should have done.  The past is the past. I am asking for advice on what I should do.  
 
I am receiving a lot of answers here which, quite honestly, are not helpful and are also quite frankly incorrect.  For example @Orangesapples and @SteveInBostonI130 , saying I should have filed a CR1 visa.  The official statements made by USCIS which I posted above specifically state that civil union is only recognized as marriage by USA for countries that recognize them as marriage.  In Spain civil union is not recognized as marriage ccording to law - as I stated previously.  So, no I should not have filed CR1 visa (spouse visa) as I am not married and my fiance is not my spouse.  That would have been specifically going against their own qualifications as posted on their website.  I would have been rejected for that visa as I am not married. I am not sure why you would be telling me to go against their recommendations. That is not helpful.  Also I understand that most people do K1 for the reason you stated, but considering I am not married and would like to get married, there are 2 options, get married together in the USA with a k1, or get married abroad and then file CR1.  Considering we want to get married in USA and not Europe and that marriage in Europe can take much time, plus that the K1 is a faster route to my fiance's visa, we selected K1 after consulting with an immigration attorney and friends who went through the CR1 and K1 process.  The fact that we are together does not rule out the K1 process as an option by any means.
 
Additionally @Jorgedig @payxibka and @Luckycuds I am aware that a statement of intent to marry is required, and yes I provided it.  We both signed an affidavit and had it notarized.  Again we spent months researching this and providing all the documentation requested.  I understand that simple statement is all that is "needed."  I also understand thousands of people have gotten approved with as much.  But I have also seen that many people have been denied or have been sent RFEs due to not providing enough documentation. To pretend that all that is "needed" - the bare minimum -  is all that one should send is not really accurate is it.  In fact, from what I have researched, people almost always send more than what is "needed" or "required" to avoid an RFE.  The instructions are very vague and provide a loose list of evidence that could be supplied in support of or as evidence of the relationship and intent to marry etc.  This is why people send plane ticket receipts, photos, documentation of cohabitation, text messages etc etc.  No this process is not "very simple." If it were, there would not be lawyers paid thousands of dollars and forums of thousands of people asking questions and companies that exist solely to provide help to people in the process.  Again, telling me that this is so simple is not helpful.
 
I asked for advice on what I should do moving forward.  Not what I should have done in the past (which can not be changed) and oversimplification as well as wisdom coming from people who already know I received an RFE and have all the answers looking back in time, but no advice on what should be done now is not helpful.  I already posted that indeed this was not "required" and I posted the reason for my inclusion of the documents.  If you do not have anything to add that can be helpful in terms of how to move forward in this process, I would ask that you do not comment as that is not the purpose of this thread.
 
Yes you can not "prove" intent.  But you can show evidence of intent and evidence of bonfide relationship status. This is what I intended with this documentation.  You can not prove the relationship either, but you can provide evidence in support of it.  That is the purpose of providing all the documentation requested.
 
@powerpuff Thank you for your advice.  I am intending to do this, but I am a bit nervous that it will not be complete in time for my deadline.  I was hoping someone might have some advice in regard to if there can be extension granted etc.
 
Again, I was happy to share my case in order to help people who may be in a similar situation in the future and may need advice, and I also would be happy to receive advice as to what should be done moving forward.  But please for anyone who is just looking to tell me what I should have done in the past, hindsight is 20/20.  Knowing what I know now, even I could tell myself that I should not have included that document despite the fact that I know that I am not married and that I am free to marry as stated in Spanish law.  
 
Thanks in advanced for any advice anyone can provide.
 
 

That's a good policy but if she ends up dead or missing I don't want to know that I could have done something and didn't. 

Most international students are graduate students whose majors are in chemistry, physics, biology, engineering, etc..and need to be in a laboratory to conduct their research. 

It’s simply not a comparable situation to have online courses when you are about to live anywhere in the country, including the same city as the brick and mortar college if you wish, than being forced back home to a complete different country.
 
Others have already pointed out time zone issues as well as a possible lack of technology infrastructure in some countries that could make online learning difficult or near impossible.
 
My friend recently learned she is going to be doing her final Masters year online. Almost immediately she got emails from professors letting their classes know they will be available for face to face meetings for students who may need to check in from time to time. She’s already been invited to some outside study groups with fellow local students. Local organizations and businesses that are popular internship spots are already stepping up to offer hybrid options regardless of the all-online class model. All of these are things an international student who was sent home wouldn’t be able to participate in.
 
There’s probably more I’m missing, but acting like International students are going to be in the exact same boat as domestic students if they get sent home is... ridiculous. When you consider that international students often pay astronomically more in tuition and fees it becomes even more upsetting.

My heart goes out to international students that will be affected by this....We should all sympathize them...coming to the US to study is not only about studying but also a quest for a better life and the possibility of getting a job and making the US a home....They came here to learn and to contribute to the growth of this nation...they did not cause Covid rather for some of them their parents sold houses and properties to send them here. They pay higher school fees, they keep the number in our universities so they are open....Universities going online should be a positive thing and not mess them up. Some of them come from countries half way across the globe..where its nightfall when its daylight here...that alone puts them at obvious disadvantage. If they wanted an online degree there are countless of them that are even cheaper, they came here for the experience...They are way better than some people we allow to stay in this country.

The timing and severity of the exemption change will displace thousands of students. Many students who have applied, been accepted, and enrolled have made housing and life arrangements, as well as have paid full tuition for their courseload. For most, the timezones will make virtual learning extremely impractical, especially in light of paying full tuition.
 
This is one of those rule changes that had no economic or social reason to be made, other than political: to further some sort of anti-immigrant narrative or strong arm schools to accelerate potentially unsafe reopenings. International students pay full tuition which subsidize scholarships for American students, contribute immensely to local university-town economies, and take nothing away from existing citizens. They pay for their own health insurance and are ineligible for any government benefits whatsoever.

What a tasteless sarcasm....!

Not to mention how expensive trains to London is! 

So they kept her passport? Could just be a form of AP (administrative processing) while they check the address history. Nobody here knows, as we don’t work for the embassy and played no part in her application process. All we can do is speculate. 
 
Your moral character plays absolutely no part in this. It is laudable that you served the country to the point of permanent injury but that doesn’t affect this at all. If you are expecting to get some form of golden ticket to bring your fiancée here because you are a veteran, you are going to be disappointed. You go through the same process as everyone else. By contrast, my USC husband is a convicted felon with years of prison time behind him and that didn’t cause any issues at all. The character of the immigrant matters, but (barring a few exceptions) past actions, honorable or dishonorable, of the USC play no part.  

No. It's not possible. 
If your wife wants to live in the US for majority of the year, you need to do cr1 Visa and get her a green card. 
 
She cannot stay 10 months on b2 Visa. She cannot use b2 Visa to live in the US as she is intending to. Her chances of being allowed entry with USC husband and child are pretty low anyway. 

Personally I believe that children brought here through no fault of their own and identify as American should be given a pathway. There are some Libertarians that go further, but that's what I'm currently limited to.

As a former health care professional, I agree that it should be mandatory for that very reason.

Unfortunately, most providers should always test female patients for a possible pregnancy. Every time before I go into a procedure with a female patient, I am require to test just in case and 99% of the time they always insist they aren't and 9/10 they usually are right. However, it is always best to be safe than sorry. I did have one patient who swore up and down there was no way she couldn't be pregnant and it turned out she was 4 weeks pregnant and had no idea. These things are put in place to protect the patient and the medical staff (aka prevent a law suit if something were to arise)

Unfortunately, most providers should always test female patients for a possible pregnancy. Every time before I go into a procedure with a female patient, I am require to test just in case and 99% of the time they always insist they aren't and 9/10 they usually are right. However, it is always best to be safe than sorry. I did have one patient who swore up and down there was no way she couldn't be pregnant and it turned out she was 4 weeks pregnant and had no idea. These things are put in place to protect the patient and the medical staff (aka prevent a law suit if something were to arise)

Unfortunately, most providers should always test female patients for a possible pregnancy. Every time before I go into a procedure with a female patient, I am require to test just in case and 99% of the time they always insist they aren't and 9/10 they usually are right. However, it is always best to be safe than sorry. I did have one patient who swore up and down there was no way she couldn't be pregnant and it turned out she was 4 weeks pregnant and had no idea. These things are put in place to protect the patient and the medical staff (aka prevent a law suit if something were to arise)

Yes, there is some negativity on here and that makes some hesitant to ask questions, unfortunately. Don't let that stop you from asking about anything you need info on though - I have always found I get good solid info pretty quickly on here - ignore any unhelpful responses and you will find this site is extremely informative.

This is a popular misconception. Immigrants, illegal or otherwise, seem to commit crimes at a far lower rate than natural-born Americans: https://www.factcheck.org/2018/06/is-illegal-immigration-linked-to-more-or-less-crime/
 
They are not. Simply overstay of a nonimmigrant visa is considered a civil violation, not a criminal one. When you get into other things, such as human trafficking or drug muling then of course that's a separate criminal offence, but that is not applicable to the vast majority of undocumented immigrants.
 
The cost of removing every alien who is unlawfully present in the US today would be extremely expensive. One might say it is prohibitively expensive, in that it's so expensive that no sane person would ever want to do it. It's somewhat difficult to nail down a cost, but estimates seem to range from around $65bn at the low end to over $120bn at the top end. I can't say that would be a good use of our taxpayer dollars, particularly if the root causes of such unlawful migration are not addressed. That would be the equivalent of having a leaking boat full of water, emptying out all the water, but leaving the hole in the bottom intact. The issue will simply reoccur again down the line.
 
The danger in your way of thinking is that you are only looking at it through one lens: enforcement. What is required in this country is a complete top-down reformation of the entire immigration system that deals with overstays, USCIS inefficiency, DoS-USCIS interdependency issues, enforcement, causes of unlawful migration, asylum, immediate relatives, and probably a dozen more things to boot. When you simply modify one portion of it, such as enforcement, you are not dealing with the problem, you're just band-aiding it. Think of it as you're trying to bake a cake, but only using one ingredient. You're not going to get a particularly edible cake by doing that.
 
And so whilst the system perpetuates, largely invisible to the ordinary American, not a great deal on the causes of all of this will change. Central and South America will still continue to bear the brunt of the blame for a situation that has a lot of moving parts. I have no faith in the current administration or president's ability to deal with such heady topics. After all, Twitter is his primary activity these days, and he's not exactly a big policy thinker. Hopefully the American people, of which I now number amongst, will elect someone who has a slightly better grasp on policy, rather than sticking with someone who thinks building a wall will solve all of the problems, which is both a naive and fundamentally unintelligent way to approach things since it doesn't deal with overstayed visas at all, and they're at least half of the problem.
 
But sure, let's spend ~$100bn and deport all the illegals.

You should never be able to AOS off of a tourist visa. 
 
 
Of course they should be. If you overstay you ought to be denied immigration benefits for a time or permanently. If you cannot follow immigration laws, then odds are you won't follow other laws either.
 
ALL illegal aliens are criminals and ALL of them ought to be deported, no matter what. 
 
The next crackdown should be on bogus asylum claims. Gang violence, your husband beating you, or just "wanting a better life" are NOT grounds for either asylum or immigration but I digress.
 
I absolutely support president Trump's agenda and will vote for whoever will continue it in 2024 after I'm Naturalized.

It sounds fair enough. Getting rid of tourist visa AOS would be a good thing also. Especially since it's usually tied with visa overstay also.

It all started one day in 2011 when clicked the "submit" button to send my online application for the annual diversity lottery. Little did I know then that this simple clock was going to change my life fundamentally. I lived in the middle-east back then, in a very wealthy family, and I did have everything I could ever wish for. I was not happy though. I never felt really at "home". They say home is where the heart is, and my heart belonged to America for as far as I can remember. I was fascinated its the culture, its freedoms, its innovation, and everywhere I looked around me I could see something that originated in America that made my life better.

You can then understand how I felt when I saw that my entry was selected. I had only a 1 in 100 chance, yet luck smiled at me and I was picked. My elation disappeared shortly though and it was replaced with immense worry. What if for some reason the following steps in my immigration were not successful? What if after the medical and X rays they tell me that I have 5 kidneys or something similarly weird? What if I freeze and can't speak a single word during the embassy interview and they kick me out? What if my nervousness makes me throw up on the consular officer? But it all went well, and in less than a year I was on the flight heading to America.  If you've never been to America, there is simply no way for me to describe to you just how beautiful it is. Walking the streets I used to see in sitcoms and looking at the iconic buildings and monuments I saw in movies I felt I was dreaming. I loved this country before I was there, but now I was madly "in love" with everything about it. From that moment on every time I referenced "home" my friends and family knew I meant the USA.
 
Over the next few years I got to learn about the American people first hand. They are patriotic, family oriented, and God loving people. They believe in communal work and do what they can to make life good for everyone around them, and they are as honest as they get. Yes, you'll meet the occasional liar or cheat, particularly when you interact with car rental counters or used cars sales people, but they remain the absolute minority. The vast majority of the American people are kind, fair, polite, and have a great sense of humor. No matter what was going on in my life, every day I woke up and remembered that I'm in the United States I smiled and carried on with my day in an excellent mood. Not sure if that's a normal way to feel or of it's just me because on my crazy love of this country, but that's how I felt anyway.

Fast forward, it was time for me to apply for citizenship. Being a middle eastern man with an ethic name I perfectly expected that my application would take years of scrutiny and security checks and that I'll not get an interview in the foreseeable future, but I could not have been more mistaken. America came through once again, and I was treated exactly like everyone else, and my processing time matched that of others in my field office. I was extremely nervous during the interview, considering how it was the most meaningful thing that has ever happened in my life. My ultimate dream was so close yet so far, and time seemed to come to a halt as we went through the interview. Near the end he asked me the application's yes or no questions, and while I answered a simple yes or no to every question I gave a different answer to one question. He asked me if I was willing to bear arms on behalf of the United States, and the answer came directly from my heart "ABSOLUTELY YES", while struggling to hold back my tears. This country has given me too much and generously brought me over to live under its magnificent bill of rights, so the least I could do to repay its kindness is to spill my blood for its protection if it's ever needed. He gave me the piece of paper with the box next to the recommendation for approval checked, and I felt that I was reborn at this moment. Decades ago when I was born for the first time the stupid roulette ball of life threw me in a random place that I did not choose, like, or ever really belonged to, but now this mistake was about to be corrected and I was closer than ever to becoming an integral part of the land and the people I adore. I wished dad was still alive  so I could have phoned him and gave him the eagerly anticipated news, but sadly he died earlier this year and I'll never get to tell him. Hope he's watching from somewhere and smiling though.  

Over the years I read immigration forums and extensively searched their topics for advice and information. Now that I'm days away from my oath and about to delete the immigration related bookmarks from my browser I decided to offer a big thank you to everyone who spent even a few seconds helping others and sharing information. Also want to tell those who are still in earlier stages of the journey to hang in there, because it's well worth every bit of your effort to become a part of this most magnificent country on earth. Just do it right, act honest, and give America every bit of love and hard work you have because in doing so you are creating an even greater place for your children and grandchildren to live in. Thank you and good luck to everyone.

Sorry but you dont get a special treatment just because you're married longer or had a child. USCIS doesnt care and cant prioritize based on that because it would be discrimination towards couples who cant have kids, for example. 
 
Expecting special treatment based on that just makes you sound entitled. Short marriages are as genuine as long marriages and having.