Khallaf

OP is not an immediate family member of his petitioning mom for immigration purpose so can't do AOS even if entered after inspected if unlawfully present at any time up to AOS filing.
 
NVC is the way to go. If unlawful presence is the only violation, then file i601a first while in the US and take the approval to the interview at a consulate.

The problem is that we *know* for a fact that she lied on entry by the OP's own words. We cannot advise them to AoS. They of course are free to do so, and maybe their application is approved, maybe it isn't. But the issue is that we know there's fraud here we can't touch this. Had we not been told about the fraud, it would have been an 'easy peasy. Just AoS and be done with it.'. As I've said before, the wilful misrep on entry is the nail in the coffin of this case regarding our ability, or an attorney's ability to help out here.
 
OP has their answers. I don't see immigration lawyers saying much else if OP is telling them the same as us.

That ship sailed.
Back to square one with fresh filing. They will ask you about that old case. So, be ready to explain.

What country are you in? You might be better off in the meantime seeking temporary asylum there and then just plan to have her interview in that country, and stick to the K-1.
 

No B visa. We would attempt to fly into a US airport without visa and say that she is here to apply for asylum status.
By telling people at the outbound airport that we are flying to US to seek asylum status due to war back at home.

the answer is YES

CR1 is what you have... if you filed after 2 years of marriage before your i-130 got approved then you get IR1 for 10 years green card. 

You got CR1 because you filled few months after your marriage not the day you got admitted into the US. What status do you have on your visa before you left your country? IR1 or CR1

currently Egypt is about 5-7 months backlogged.
 
you can expect it to be at least that long to get an interview, those from May are still waiting, some even as far back as March.
 
Good luck in your journey.

YOU need to check the facts.  She is not currently in the US.  If she enters now on a B visa, intending to adjust status, that is FRAUD.  I have asked for this thread to be closed due to your persistent TOS violations in planning for fraud.

She's not in the US, though. She would have to commit fraud by entering with intent to file for AOS first...wherein lies the problem.

that is what I did

@OP
Just ignore that guy. He's posted all sorts of incorrect information in this thread and others previously.
 
Correct information has been provided by others. Once AOS is properly filed, one has a period of authorized stay granted by the AG. The overstay is not held against you for AOS purposes as the spouse of a USC. This is written in the INA, and indicated directly in the USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3).
 
Most people AOS from VWP entry just fine. It's not an issue.

seek out advise from the post office they might be able to tell you where to start to look into it.

It is possible there may be one.  Just one.

Does this apply if my mother is going to do the I-864? I know I still have the legal obligation to my ex which is binding in the previous I-864.
Pretty sure my ex husband had the 2 year and now has a 5 year green card. It is possible. Thank you!

I am going to be the third confused.
 
one moment you said you had a religious marriage, and then you said your wife told them you will be married soon.
 
soooo, being as you are a USC did you get married through the way and have it registered legally for the USA government?
 
IE: The traditional way? getting a religious marriage such as in Egypt is not binding for the US Embassy, so too married for a Fiancee visa but not married enough for a spouse visa, this could very well be your issue.
 

your welcome

My suggestion is to not waste money on a lawyer.
 

then USCIS wants all the papers as it relates to the case, you need to have him push a little harder at the court to get it, if you don't have it your looking at a denial of the petition.

were all the papers relating to the case sent in?

does the petitioner have any kind of criminal background that would be cause for denial?

then USCIS wants all the papers as it relates to the case, you need to have him push a little harder at the court to get it, if you don't have it your looking at a denial of the petition.

a few days to a week depending on where in Asia.

then USCIS wants all the papers as it relates to the case, you need to have him push a little harder at the court to get it, if you don't have it your looking at a denial of the petition.