milimelo

You don't have a status that will satisfy most DMV's. You will likely have to wait until you have green card in hand.

Cancel the payment method. If the Lawyer used a check they can put a stop payment on it.

Not gonna happen. But at least you got your AOS paid for.

Wow... this is a very imflammatory thread.
I think the original OP suggested that having a child in this process is ridiculous.
Can we agree that "most people" who are in this process intend to live in the same country?
Can we also agree that "some people" in this process will never get a VISA?
Can we agree that for "some children" who will have to live a life without daddy in the country or mommy in the country ... that child might suffer in many ways, not only economically, but socially and psychologically?
If we can agree that it would not be in the best interest of the childto live without both parents due to some bureacratic mess, then perhaps careful timing of childbirth for some couples is not such a bad idea.
We can probably all agree that some people like to swim upstream... and that will never change because there are some people who are more admant about getting what they want when they want it regardless of consequences or potential outcomes.

As far as I am aware person is not allowed to work on B1, it is a business visa to attend business meetings, training etc.
Person you are trying to bring on B1 cannot officially work.

Am I the only person who believes that getting pregnant during either the fiance visa process or spouse visa process is ridiculous??
So many people write 'we accidently got pregnant' no you didn't, you were having unprotected sex and you got the obvious result of that - I fully understand that accidents can happen occasionally, but I would bet that, that didn't happen for the majority of people - it's the 21st century, so for the majority of people there really is no excuse. If you truly want a child very early on in the relationship then that really is your decision but my advise from the bottom of my heart would be to wait till the process is over - for the sake of the innocent child.
What happened to spending time together - why introduce a poor child in the mix of an already complicated situation?? My husband and I don't want to even consider children for at least 5 years because we absolutely love being with each other, we love being selfish and spending money on expensive shoes or bags, we love eating at adult restaurant, we love just being able to take off somewhere at the drop of a hat and we love waking up gone 12 in the afternoon on weekends - surely this is what new couples need? to spend each and every possible second devoted to each other and enjoying each other, and then when they're ready to share their love, decide to have a child.
How many time have I read stories of people wanting to expedite their case because of pregnancy; so many times people have written that they've been married 6 months and have a one year old child and things have gone wrong, I wonder why - you knew each other for a few weeks fell deeply in love, got pregnant, married then actually lived together and things have gone wrong because you didn't know each other - all I can say is poor child.
This is just my opinion and I'm sure I'll get met with lots of abuse, but like you I'm entitled to my opinion and I think more marriages, in and out side of the visa process would last a hell of a lot longer if people waited till they were ready as a couple to have a child.

Should held the Post Office at least.

I understood all what was written. The error could be having the payment in adittional envelope/s.. If I recall USCIS's package assembly instructions.. The check/money order should be on the outter most part of the paper work... Didnt look it up but I think so.
If u haven't already sent it back ..now u can use the system to your advantage if you are able to prove uscis's error and request the case be expedited even though it is only a few days behind the "original" submission date.
Enjoy

If you have not received the NOA1 after 30 days of submitting your application (and it sounds like you have not) then you will probably need to make an Infopass appointment to go in and have your passport stamped with the I-551 stamp, valid for one year. I had to do that as I too never received the NOA1 Extension letter, even though I got the biometrics letter without a problem. There was no problem getting the stamp.

Jason,
Your obgligation ended when you decided there would be no marriage and provided the FIRST ticket home for her. The best news is that she willingly agreed to leave your home and she's not physically present there any longer.
If she ever had a key to your place, change the locks. If she still has any posessions at your place, send them to her at her friend's place. If she received any mail at your home while living with you, file a change of addrsss with the Postal Service. Same goes with any ATM cards. Change the PIN, etc...
My recomendation is that now she's left the home, have no more communication with her. No phone calls, texts, emails or any other means. Sounds like you've acheived your objective of getting her to leave.
Best of luck to you and I'm very sorry that things did not work out.
Al

I'm making no judgement here, just pointing out the fallacy in your logic:
From your point of view and from many other non-Asian countries point of view the comment about getting to Germany is as good as getting to American might be valid but you have to look at it from a Filipino's point of view. Remember this a country that credits the US with liberating them from the Spanish and Japanese. In WWII the people of the Philippines were brutalized by the Japanese occupation to the point that even the younger generations (my wife is only 26) still carry a deep resentment over it. How many roadways are named after General MacArther? He's a national hero over there while he's mostly forgotten to history in the US.
Regardless of "all things being equal", the idea of America being "the place to immigrate to" is simply put a part of their culture so yes a US Greencard is worth 100 times more than the German equivalent in the Philippines.
Marriage Fraud isn't something the she'll be "charged" with. The charge that will be levied against her immigration file is Material Misrepresentation which carries a lifetime ban.
Immigrant Waiver for Fraud or Material Misrepresentation
An alien that seeks to procure immigration documents or entry into the United States by fraud or willfully misrepresenting a material fact is inadmissible. An immigrant waiver is available to such aliens where the refusal of admission would result in extreme hardship to the alien's U.S. citizen or lawful permanent resident spouse or parent
In the end only you can determine if the Relationship is hopeless but her chances of ever immigrating to the US are pretty slim due to the bad choices made by both of you...

If you apply for the re-entry permit BEFORE your Greencard is extended how can they approve it with any expiration date other than your current Greencard's expiration date?

You are deportable under INA section 237(a)(1)(A) because you were inadmissible when you entered the US. You were inadmissible because you got your visa under fraudulent circumstances - INA 212(a)(6)(c). You committed fraud again when you filed for your husband using fraudulent documents - another INA 212(a)(6)(c) violation.
Theoretically, an I-601 fraud waiver is possible to obtain a stay of deportation if the parent who petitioned for you can show your removal from the United States would cause them extreme hardship. If it was approved it would even nullify the fact that you weren't eligible for the visa when you received it. This is because the US government makes extraordinary exceptions in the interest of family unity. However, it's very difficult to get them to overlook intentional fraud to obtain an immigration benefit not just once but twice. I would personally be stunned beyond words if an I-601 was approved for you.

The largest of "hurdles" you will encounter is the Fraud issues with the consulate and USCIS having already attempted to immigrate her when she was married and the two tourist visa applications that it appears might have also falsely represented her as not married.
When you tell one lie it leads to another, and in this case the Consulate that interviews her eventually if ever divorced will not take that lightly. Read the rules on Marriage Fraud because that is the charge they will
be coming at you with. Not even sure if there is a waiver available if you could get approved at the consulate.

What are you people missing here? Read the OP's Original Post. The OP knew the beneficiary was legally married but yet submitted (together on the 325-A Forms) was not. So as, Fraud though hoping it maynot be caught by USCIS.
One post indicated a lifetime ban which is true for lying to the US Goverment. They both knew she was legally married don't you think ?
I see advice for Anulments, etc. but, your are forgetting in your replies. It was Fraud from the start. Both parties knew she was Not legally free to marry and submitted the paperwork as is if she was.
This is why so many of you complain about how long the process takes for your case. because they watch for this activity.
I have nothing against the OP and his Fiancee but these are facts.

This post makes me aware how old and old-fashioned I personally am. I would not even consider an intimate relationship with a married woman, as I consider adultery not a desirable trait for any spouse. That in turn prevents me from such unfortunate experiences and protects me from husbands who may not find it funny that I'm making out with their lawfully wedded wife.
But that's just me.

The K1 is void when you LAND, not when you marry. She lands, she has 90 days to marry you and that's it. After that she is illegally present. The overstay is forgiven if her AOS is APPROVED, not "application" as you stated.
You are right the children are required to go to school so even though they are now illegally present in the US, they must attend school. They CAN be detained, just like your wife, in immigration jail until they go before an immigration judge who will order you to file AOS immediately or they will be deported.
The K2's status is dependant on the K1 marrying, firstly, but ALSO on the K1 successfully AOSing and then also AOSing themselves. There's no protection of being ordered to file AOS like the K1, they are eligible to be deported as the protection is afforded to "immediate relatives and spouses".. which they are not. Lets say, *knock on wood* your wife dies tomorrow, the children will be eventually be deported because they have no way to AOS. That is my understanding anyway.
You're not helping anyone by waiting, in fact the longer you wait the longer it will take until they're eligible for USC. File ASAP to protect ALL of them.

As she can not move to the US, can you move.
Otherwise it will stay a long distance relationship.

Harpa - I believe N600 is for the youngest son, who has claim to US citizenship based on USC father.
OP - you older two sons are out of status just like their mother as their K2s have expired long time back, which means they are illegally present.
I am not sure where you got the idea that as soon as you two got married they can stay in as long as they like without completeing the AOS process.

Yes.
The danger is not the tax issue, but surviving 5 years of abusing the Green Card as a tourist visa. If he can pull this off for half a decade without being caught by CBP, kicked in the buttocks and told to turn around and fly back to Bulgaria, he will most likely be able to have a shot at naturalization.

None of us liked waiting, but get in line - we all have to

She will have to apply before she graduates. She should contact her school's international student services office to get the more detailed schedule for the process. I'm not sure if this varies from school to school, but in my university students who wanted to apply for OPT had to participate in a mandatory OPT workshop before submitting the application. Best bet is to go talk to an ISS adviser and get all the details involved with OPT. It's not a complicated process, just a lot of paperwork.
Also, once she has applied for OPT, it is not advisable for her to travel internationally until she has her employment authorization document in her hand. This is good to keep in mind when planning the timing of the application - especially if she possibly would want to travel home for Christmas holidays, for example.

It is pointless to file for AP. Your wife has been out of status for more than 180 days. If she leaves the US, it will trigger a ban. She will not be allowed back in the US using AP. She needs to have her AOS approved for her overstay to be forgiven. She should not leave the US without an approved permanent resident status and with her green card in hand.

I remember most of your case from way back when your wife entered, you did the AOS thing, got denied, and so on. Here's my advice: let Laurel Scott file an I-601 for you. Don't think you can do that on your own. If you do and it gets denied, you'll be back to square one. You have been separated from your wife only because you did the wrong things, not morally, but in regard to required USCIS procedures. Don't continue on this path; instead, bit the bullet and get professional help where it is needed.

Absolutely NOT. Sorry you have to wait till your interview. The test is part of the interview procedure