milimelo

You MUST put down his income on the 864 and if you try to cover it up by saying he has $0 income, you could be denied for lying to USCIS and banned.
Honestly...I don't understand what your husband is playing at. He could go to jail for this (willfully not filing for taxes) and his wife could be deported if he tries to misrepresent himself (not to mention that you've been out of status for many years). Does he not realize what kind of fire he is playing? It sounds pretty selfish, IMO.

And I TOLD you the OP might have his dates wrong! His OP says one thing, his timeline says another. Stop being a drama queen when we still haven't received clarification on the dates. As I said in my qn regarding dates, he is either LATE with his ROC, or his dates are off and he still has a year.
Oh and uhh, you just told the op to file for divorce ASAP and file ROC.. that sounds familiar...
The only difference between my and your advice is I'm trying to help him avoid an RFE for the divorce decree (and avoid the drama of being denied and going before an immigration judge if his divorce takes a while) when he has time to avoid one.
Filing with a waiver isn't rocket science. You needed someone else's advice, a lawyers advice. Many other people do it without a lawyer. In fact I have been through the entire process without a lawyers advice, without RFE and my AOS was approved without RFE or interview. You seem to want a reward for doing it (and in 6 months!! That's outside normal processing time so no reward for that), and you seem to want a reward for linking a memo. You still don't know everything and you seem to keep missing the obvious fact that the OP has his dates wrong. Why are you telling the OP to file now, when he still has time to avoid an RFE and get approved in 3 months or less. Stop making it harder than it is or needs to be.

No he doesn't. Seriously. You are completely wrong. Some people don't like to divorce asap for several reasons. That isn't illegal and you stating such is so SEVERELY wrong, not to mention inappropriate. People have even been approved ROC whilst ADMITTING in interviews their relationships isn't perfect, it's rocky but they're working on it. IT IS NOT ILLEGAL!!
Stop spreading lies and misinformation.
I'm not disagreeing with your "points of view", I'm disagreeing with you stating something as fact when you quite clearly have no idea. I am completely familiar with this subject, it's obvious you are not. It's not just about "rules", it's also about the memo's sent out, it's also about case law. It isn't as black and white as you're trying to state it is.
Case in point - I just assisted someone file ROC, THREE months after his GC expired, and with a waiver. He was approved without interview. That's how well I know the rules.
I am the first to admit when I've given wrong advice, I did so earlier today when I may have mis-read an OP and so I clarified. My advice hasn't been wrong in this case. You obviously have no idea when it comes to different situations, you think this is just black and white.
My advice to the OP stands. File for divorce and THEN ROC. If the 90 day window comes up file, but I hadn't gotten that far because I was seeking clarification on his ROC date (given his OP differs from his timeline).

She is not legal to work until he has the EAD card in his hand.
She must marry file for AOS EAD AP and wait for around 3 months till the EAD card is approved and arrives.
There is no ASAP in the K-1 process, if she wanted to work right away then a CR-1 would have been the proper way.

If mom petitions, you're looking at F2B (unmarried son/daughter of LPR) and 10 years of wait for Philippines: they're currently interviewing people who were petitioned on 15AUG01or earlier.
One thing to bear in mind - while you can be a co-sponsor for I-864, if your mother dies in the next 10 years, the petition will be cancelled. Another thing, your mom and you as the co-sponsor may have to prove in 10 yrs the medical insurance for your disabled sister. Embassy could even deny the visa on the presumption of possibility of becoming public charge depending on her health status.
Also moving this topic to bringing family members of LPRs as mom is LPR.

If mom petitions, you're looking at F2B (unmarried son/daughter of LPR) and 10 years of wait for Philippines: they're currently interviewing people who were petitioned on 15AUG01or earlier.
One thing to bear in mind - while you can be a co-sponsor for I-864, if your mother dies in the next 10 years, the petition will be cancelled. Another thing, your mom and you as the co-sponsor may have to prove in 10 yrs the medical insurance for your disabled sister. Embassy could even deny the visa on the presumption of possibility of becoming public charge depending on her health status.
Also moving this topic to bringing family members of LPRs as mom is LPR.

Moving to Philippines forum as the CFO is country specific.

If mom petitions, you're looking at F2B (unmarried son/daughter of LPR) and 10 years of wait for Philippines: they're currently interviewing people who were petitioned on 15AUG01or earlier.
One thing to bear in mind - while you can be a co-sponsor for I-864, if your mother dies in the next 10 years, the petition will be cancelled. Another thing, your mom and you as the co-sponsor may have to prove in 10 yrs the medical insurance for your disabled sister. Embassy could even deny the visa on the presumption of possibility of becoming public charge depending on her health status.
Also moving this topic to bringing family members of LPRs as mom is LPR.

If mom petitions, you're looking at F2B (unmarried son/daughter of LPR) and 10 years of wait for Philippines: they're currently interviewing people who were petitioned on 15AUG01or earlier.
One thing to bear in mind - while you can be a co-sponsor for I-864, if your mother dies in the next 10 years, the petition will be cancelled. Another thing, your mom and you as the co-sponsor may have to prove in 10 yrs the medical insurance for your disabled sister. Embassy could even deny the visa on the presumption of possibility of becoming public charge depending on her health status.
Also moving this topic to bringing family members of LPRs as mom is LPR.

He won't be there for the birth I'm sorry. The process will take at least 6 months (right now it's much longer) and then he'll probably have AP seeing Pakistan is high fraud (I think).
The pregnancy is unlikely to help or hurt but then I'm not sure if pre-marital sex is an issue for his country. There's no place to mention it on the forms (that I'm aware of) but he can mention it in the interview. You can try an expedite but I doubt it'll be approved.

Realistically, plan to live together in Mexico for the duration of the ban and then begin the spouse visa process.

If you were in the 90 days period to file ROC, I'd say don't go for I-90. Since this is not the situation, you have to file I-90.

See . . . none of these legislature is needed. All complicated, time-consuming, confusing, bullsh*t.
If Uncle Sam wants U.S. consumers to use less fuel, all that's needed is a $2-per-gallon surcharge tax. Once a gallon costs $6 to $9 in the U.S., like it's the case in Europe, Americans will want to buy a fuel efficient car and use the truck only for hauling and pulling, which is what it was designed for.
A simple way to reduced fuel consumption is to get rid of all the electronic ####### in those cars. A new MINI weighs more than a 1966 Mustang with honking, cast-iron Vee Eight and a transmission the size of a boat anchor. A new full size passenger car weighs twice as much as an old one, which is why these clunkers now need 300 horsepower engines to keep up with the 150 horsepower cars of yesteryear. One of the reason why I don't want to buy a new car and intend of driving mine until the end of my natural life (which is easy as cars don't rust where I live), is that I don't want to put up with those rolling computers. I don't need a computer screen in my car, don't need motorized gadgets and more black boxes than Apollo 13. I need a car that starts when I turn the key, is comfortable and lasts decades without giving me headaches. Such a car we can't buy anymore. Today's cars are designed to be replaced a few years after being manufactured. Like a cell phone and notebook, it is not viable anymore to repair them once those electronic systems fail one by one.

I have seen this before. Some people seem to take it personally when others try to help and state that having a child is not of great importances for the USCIS. This fact does not negate that having a child could be of great importance to the parent. FYI the only idiot here is you saspk; for been offensive and for linking facts that have nothing to do with each other. Even if you get a positive DNA you could still get a RFE. This only means that you had sex with that person and nothing more. I am not the only one here that thinks you are an idiot.

you must be worried about your ROC packet not being strong enough if you are concerned about an RFE and hoping that the baby production will seal the deal evidence-wise in the eyes of USCIS.
seems you are looking for a particular answer and seem unhappy with people's responses. caveat poster.
you submitted your packet the best you could. USCIS will review it and make decisions. if an RFE comes, you will deal with it. this game is about hanging in there.

Moving to AOS from family based visa.
If you send the I-765 before you send the I-485 you WILL have to pay the $$$ for the I-765 and it will only be good until his I-94 expires.

This is patently untrue. The requirements for making the public charge determination are spelled out in INA 212(a)(4). If you're looking for a congressional response, they've already provided it in the form of the law. The factors about the intending immigrant that the consular officer or immigration officer are required to take into account are:


(B) Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-
(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial status; and
(V) education and skills
(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.
Sponsorship is only one of the factors they are required to consider, and it's the last one in the list. The IIRIRA of 1996 added INA section 213A, which spells out the minimum requirements for an enforceable affidavit of support, but the intending immigrant must still pass muster on the first five items in INA 212(a)(4).
A K1 or K3 is actually much more serious to the US government when weighing the goal of family reunification. USCIS considers a spouse to be part of the petitioner's nuclear family. They are given greater weight than a parent. This is why an IR1/CR1 is first on the list of immediate relative visas, and why an LPR can petition for a spouse but not a parent.
This is also why USCIS will deny humanitarian reinstatement when a petitioner dies if the beneficiary is married and living with their spouse - the beneficiary already has a family that outweighs any consideration of reunification with relatives in the US. I recently helped a family friend with a humanitarian reinstatement request with exactly these circumstances. The petitioner was the beneficiary's father, but the beneficiary's mother was (and still is) living in the US, along with aunts, uncles, cousins, and virtually all of her siblings. USCIS categorically denied it because the beneficiary was married and living with her husband and daughter, and in the eyes of USCIS that was the only family that would be affected by considerations of reunification.

Karren,
Under no circumstances do you attend that interview and lie to the CO. Your double proxy marriage has been consummated, therefore, for immigration purposes you're married. A K-1 is not the proper visa for you. Had you not consummated the double proxy marriage, then the K-1 would have been proper.
It was suggested that you withdraw the K-1, the petitioner should write a letter explaining he was confused early on in the process as to the proper petition to file. Make it clear in the letter the petitioner was merely confused and did not attempt to cancel or misrepresent a material fact.
Indicate you have a better understanding of the proper petition to file, and you plan to submit a I-130.
Why attend an interview for a K-1 when you're married?, I would cancel that interview then start the process over.

It's thread etiquette that if you have a question, you ask it in your own new thread. It's considered pretty rude to be asking questions in someone else's thread. Kind of like crashing someone else's meeting and asking questions even though it's not your meeting.

Just reading the general news I would have thought it was pretty obvious.

Let's see...
You are ASKING permission to enter into a country that you do not have an innate right to enter. I wouldn't call that begging but you seem to feel that way.
As part of the process of requesting entry you must SUBMIT to inspection. The depth of said inspection is at the discretion of the CBP.
If these two concepts offend you then maybe you shouldn't worry so much about coming to a country you've done nothing but insult for the duration of this thread.

I would sign up to have $5 per week transferred to my account from the Obama campaign fund.
Can I do that instead?

Just to add to the comments already mentioned, every potential immigrant - whether from inside or outside of the US- is subjected to stringent security checks and background investigations. That means that their past may well be thoroughly investigated and when you 'lie' to USCIS that you don't know each other, your deliberate misrepresentation would be known right away. The penalty for misrepresentation is a life time ban from entering the US. You will never know how little or how much USCIS 'knows' about you, your travel or your fiance/wife. There is no statutes of limitation for crimes of immigration fraud. Ten years in the future it can come back to haunt you and strip your wife of citizenship, of her right to be in the US, or for you both to live together in the US. Is this what you really want to set into play for someone you love?
As said above, there is no gray area. You only have one legal choice and that is the one that won't come back to haunt you. If your fiancee is worth sponsoring to the US, she is worth doing it the right and legal way. It may involve short term pain of separation but the long term gains are worth it. The short term gains of illegal activity come with too big of a potential price tag; certainly an unacceptable price tag for someone you love.
I will also add the reminder that no one on VJ is going to suggest you take the illegal route. First, because VJ members are looking for the legal ways to have their partners in the US, and second because any sort of recommendation or advice on how to commit visa fraud (which is what the name of your 'gray area' is) is a violation of the Terms of Service for Visa Journey.
Save yourselves a lot of angst and potential heartache. You have a legal route for immigration. Use it and don't stop to think if there are 'quick fixes' that will bypass the process. USCIS has had far more experience at dealing with individuals pursuing that route than you will ever gain in a whole life time. Keep yourself squeaky clean from start to finish - that is the only real option for a long-lasting happy outcome.

It's not "grey" for you to go the I-130/I-485 route. It is unlawful to enter the US on a non-immigrant visa visitor visa with the intent to adjust status. There is no grey there.
The grey you allude to is how many couples will get caught. Aren't you really asking, what are your chances of getting caught as you are concern with how the US tracks your travel? You are contemplating lying on an immigration petition by stating that you didn't know each other prior to her entering the US. How is that "grey?" That's fraud. It's a material misrepresentation. It can lead to a lifetime ban.
Why would you gamble and lie when you have a 100% legit way for her to immigrate to the US? Why don't you just file the K-1 petition now or marry her now and file for a CR-1 visa? You aren't planning to move until next year. You have time to do it the legit way. Don't risk a lifetime ban for a few months.

Is there any reason to choose a more expensive way involving fraud and a possible ban for life from the U.S. (AoS) over the cheaper, correct way that will not 'cause you guys to wake up in the middle of the night, sweaty, afraid that at some point (AoS/RoC/N-400) your scam would be detected?
Why even contemplating something so dangerous if there's an easy, readily available path to do this?