milimelo

Her status is dependent on him and his job.
No job, no marriage no status.
As long as she has no intent on coming back she would probably be OK until her I 94 expired.

She can always refile by paying the fee and sending the correct forms and evidence. WIthouth evidence that killed her first petition, she will be facing the same outcome. My suggestion would be to gather all evidence and only then file the new petition.

If your mom is 55 years or older and a resident of 15 years or more, she can take the civic test in her native language. Call me crazy, but I always thought the native language of an Australian citizen would be English as well . . .

Report it? ICE number in the bottom of every page.

I think you should read the thread before commenting on it.
Also, I think you should think before you post your comments.
Thank you.

I'd like to remind everyone that Effects of Major Family Changes forum is an UPPER forum so you have to use English only.

If he is stall active duty, she just needs to get in touch with his Command Sergeant Major, he'll straighten him out. She may want to contact the Command Chaplain as well..............
I'm a retired Marine, I had to deal with dirtbags like this before, they always lose.

Please think before you comment on such major issues. I appreciate it will not be your #### on the line.

Actually, I'll have to disagree. My information is fine. Simply asking the OP to find out his status in the US is not a bad thing. I didn't say he WAS a deportation absconder and if you'd like to review the thread to clarify I'd enjoy that. I said he needs to find out if he is.
If USCIS issued him anything after the denial, it is likely his family hid it from him like they did the denial. So it is not out of the realm of possibility that this has extended FAR beyond the simplicity you are suggesting. While I may be an alarmist, you are a simplist.
The OP needs to figure out his status in the US. That's simple.
Oh and he isn't married to a USC. that wasn't even mentioned so that path you suggested is...also wrong

Failure to maintain status can result in arrest, and violators may be required to leave the United States. Violation of status also can affect the prospect of readmission to the United States for a period of time. Most people who violate the terms of their status are barred from lawfully returning to the United States for years.
Recognize and Avoid Status Violations
By violating the requirements that govern your immigration status, you may jeopardize your ability to remain in the United States as a student or exchange visitor. Examples of violations include the following:
Failure to enroll by the date specified by your school or exchange visitor program.
Unauthorized employment during your stay.
Failure to leave the United States following completion of your course, exchange visitor program, or program-related employment.
For academic students (visa category F-1): Failure to maintain a full course load without prior authorization for a reduction from your designated school official.
http://www.ice.gov/sevis/sevisfactsheet.htm
It seems you violated the terms of your visa by not maintaining full time status....for 2 years. So it sounds like from the ICE site I just cited, the bar was correct.
Good luck

Less than one year ago, you were posting about expediting a petition because your wife in the USA was pregnant and you wanted to come here sooner and help her. A few months after that, you were posting about co sponsors.
You're coming on here telling us now that the entire time your pregnant wife was struggling here in America, you've been chatting with another American woman online, YOU have been paying for long distance calls to talk to her (when you have a wife and child to support in the US), and you have this other woman coming to Morocco to visit you!?
Perhaps you should tell this other woman that you're married to another American and have a child here, instead of trying to scam her by telling her you're eligible for a K1.
You'd never get past the consulate in Casablanca anyway. Go ahead and try all you want.

I worked in a school where it was 30 kids in a classroom (overseas). Way too many even then to give each and every student attention they deserve in a 45 minute class hour.
Have no idea how they intend to teach anything with 60 students in a class.

For clarity, nobody is "contacting you". You posted your story and questions in a public forum where people are responding to posts and discussion. We all have sympathy for your situation and are simply trying to be helpful in the best way we can. If that's too uncomfortable for you to deal with at this time, you are free to refrain from reading the responses or even logging in to Visa Journey.
You've been given excellent advice from several people with significant experience. What you do with it is entirely up to you.

Employers are not permitted to decide which documents they want to see. It's against the law.
http://www.nilc.org/dc_conf/flashdrive09/Worker-Rights/emp3_proving-work-auth.pdf
"Your employer must ask you to complete the I-9 Form within 3 days of beginning your job. The I-9
Form lists documents that you can show to establish your identity and employment eligibility. You the
worker, not the employer, have the right to choose which of the listed documents you are going to show
the employer. It is unlawful for your employer to demand that you show a specific document only, or to
ask that you present more documents than the ones that are required. For example, your employer cannot
demand that you show a green card, if you have other documents listed on the I-9 Form showing that you
are authorized to work in the U.S. The employer might be engaging in a type of discrimination called
“document abuse” if the employer does not allow you to choose which documents to show. Talk to an
immigrant rights organization, a worker center, your union, or call the number below if you think that
your employer is breaking this law. You may also contact the Office of Special Counsel for Immigration
Related Unfair Employment Practices (OSC) at 1-800-255-7688 or 1-800-237-2515 to report potential
discrimination by an employer. Note that if your employer is participating in E-Verify, you will be
required to provide your employer with your Social Security number and the document that you show to
establish identity must contain a photograph."

Plenty of people that have children together get denied visas. Having a child means you had sex, it doesn't prove a real relationship in USCIS eyes.

You probably meant Re-entry permit and not advance parole. Advance parole is only to be used while the AOS is being processed - re-entry you get when you already have a GC and if you're going to be outside the US 1 year or more.

Excuse me, but how could you possibly say that DOMESTIC BATTERY could be a consequence of a culture shock? I don't know in which country it's ok to beat someone up and it's culturally acceptable.
OP needs to protect herself and her children and get a restraining order against the spouse and definitely report him.

Is there a reason none of you have contacted your elected representatives (Senators, congressmen) on this? It's clearly a procedural error on the side of USCIS which is making you wait longer than posted 5 months for adjudication of your I-130, to be told you have to wait another 120 days before you get any response is ridiculous!
Get the reps working for you, their constituent and get you the information - they do have a direct communication channel with USCIS centers in each of their offices - person called immigration specialist and they can and will get you answers from federal agencies, which USCIS is.You do have to contact them (google your state and then add senator or representative) and send them an email, fax authorizing they represent you and make sure to send copies of all paperwork you ever received from USCIS, any phone calls you had: date, time, name of person spoken with, their ID, what they told you.

Excuse me, but how could you possibly say that DOMESTIC BATTERY could be a consequence of a culture shock? I don't know in which country it's ok to beat someone up and it's culturally acceptable.
OP needs to protect herself and her children and get a restraining order against the spouse and definitely report him.

Excuse me, but how could you possibly say that DOMESTIC BATTERY could be a consequence of a culture shock? I don't know in which country it's ok to beat someone up and it's culturally acceptable.
OP needs to protect herself and her children and get a restraining order against the spouse and definitely report him.

When you get your GC - look for resident since date . THAT is the most important date - for ROC and for naturalization. Count from that date.

As suggested by the USCIS supervisor, make a nice packet of information with a detailed letter and do an Infopass where you will hand deliver this to one of the officers. That way everything will end up in his A-file and come the time for removal of conditions or citizenship, they will have this evidence.
You can even ask for some kind of letter of confimation that they have received the documents on such and such date.

The difference between a right and a privilege, from a legal perspective, is that a privilege is presumed not to exist unless granted by law, while a right is presumed to exist unless revoked by law. From a practical perspective, this means you don't have a privilege until you've asked for it and it's been granted or recognized, while you automatically have a right unless it's specifically been taken away from you.
You have the right to free speech, guaranteed in the US Constitution. You don't have to ask for this right to be granted. If you want to make your speech on my doorstep then that's a privilege you have to ask me for.
You have the right under the Constitution to live, to be free, and to own property. You don't need to ask for these rights to be granted, and the government needs to convince a judge that they have just cause before they can take any of these rights away from you.
If a US citizen had a right to allow their spouse or fiancee to immigrate then you wouldn't need to ask the government's permission for this. You should be able to just bring her here and she'd be allowed to stay unless the government intervened at some point and tried to take that right away from you. It doesn't work that way.
First, you have to submit a petition and prove you're eligible to submit that petition. If the government doesn't find any reason under the law to deny it, then they'll approve the petition. Next, your spouse or fiancee has to submit an application and interview for a visa. If the government doesn't find any reason to deny it, then they'll issue a visa. Depending on the type of visa involved, you may need to ask the government for permission to get a green card. Depending on how long you've been married, you may need to ask the government for permission to lift the conditions on that green card in two years. If your spouse wants to become a US citizen then they have to wait until they're eligible to apply, submit an application and take a test, and if the government doesn't find any reason to deny then they'll grant them citizenship.
The point is that all through this process you will be asking the US government for permission to complete the next step. If, at any point, they find a reason to say "no" then permission will be denied. In most cases, you won't even have a path to appeal the decision.
I don't see any way this could qualify as a right.
Curiously enough, you also have to ask the state government for permission to marry by applying for a marriage license. If they find you're not eligible then they'll say "no".

Again, a US citizen does not have the right to bring a loved one into their country.
A US citizen has the right to PETITION to bring a loved one into the country.
I think that we are forgetting here that when people here are stating that is it a privilge, it is a fact, not an opinion.
In the eyes of the USCIS, a US citizen does not have the right to demand this, they have a right to ASK.
Wrong or right, that is the way it is, and the law that we as petitioners or beneficiarys must follow.

How long did you overstay? If less than 180 days, now would be time to return home and get an immigrant visa - AOS doesn't seem to be going well for VWP overstayers - they either deny it or hold on to it indefinitely while you're accruing overstay time.