milimelo

Why would I waste a moment of my time?
The OP is asking about a sponsorship question. Without income tax returns her father will not be accepted as a sponsor as he has no proof of income and no proof he can financially support her fiance.
He could go ahead and file his past due returns, show the income and go with your position and then everything would be OK.

The OP appears to be Indian, because he said it is a traditional arranged marriage, and that he is of the same caste etc as his wife. He knows full well about all the "cultural" stuff going on there.
If it is a traditional arranged marriage, and they didn't bother to have the traditional religious ceremony, but rather did the bare minimum to get a legal marriage, and furthermore lied about what ceremonies they had actually had, then you can see why the CO would be suspicious.

I'm usure of you first few questions.
The Co-Sponsor is a USC and does not file Taxes. There are few exceptions to avoid that. Making less than $5000.00 a year is one but still must be disclosed. Even self employment requires taxes to be paid and a tax return.
If the Co-Sponsor has money in the bank and does'nt file returns then thats a scary story. There might be more to this but Your Father should get out of Dodge City before signing any papers making good money and not reporting income.

You're okay with your husband possibly being sued by the US government? Having THAT on his record? Not to mention you're not eligible until you've been an LPR for 5 years.
Please try to think more seriously about the possible impact of this when there are other options.

Passing a school bus with the red lights flashing is a big hitter and thus very expensive, for a reason. However, while this has to be mentioned on part 16 of the N-400, it has no adverse effect on the naturalization process. Uncle Sam wants Americans-to-be to have a good moral character, but they don't have to be perfect. Now if your wife had run over a child that had exited the school bus, it would be a deal breaker.

I went to the DMV in South Florida... to update my status and to register to vote... was told I dont have to unless I want to spend $25, and it would NOT change my expiration date... I was told I could just mail the application to register to vote along with a utility bill to prove the address. Got my voters reg card in the mail in 2 weeks... Nothing changed with the DMV... Am not worried about it.

It's not up to USCIS to determine whether you filed the right form or not. They have plenty to do without babysitting people. It's up to the individual involved to do their own research and follow instructions correctly. This is in no way the fault of USCIS.

No, you did DCF and he received CR-1 visa (married under 2 yrs) or IR-1 visa (married over 2 years).
Once he activates his visa by entering the country, the stamped visa turns into a temp green card so he can start working the next day - stamp is good for a year from the date of admission to the US. The real, plastic green card will arrive shortly after - allow up to 3 months.
IF it is a 2-year green card, you will have to remove conditions on his residence 90 days before the 2nd anniversary of the green card (residency, not your wedding anniversary). IF it is a 10-year card, no action required until 3 yrs minus 90 days from entering the US - that's the earlies he can apply for naturalizaiton if he so chooses.

Are you guys serious? You hide parts of ss# and checking account # and yet provide the full ss# on the form you place right before that in the same package? And to top it off, you pay with your check, that has your full account number? You can't really hide it on your check - it won't go through.

You need to call the civil surgeon and ask them thos questions.
No one on VJ knows every single place and what they do.
Its your job to call and ask them what they do for service for immigration medicals and when you can book your interview.

I think it's pretty simple and SHOULD be implemented on a personal basis.... if you meet someone overseas, visit them MORE THAN ONCE. Do not rely on Skype and texts to build a relationship. Put time into it.
Someone who wants to scam you won't want to waste time; they want to get in and get out. I keep seeing people who only meet their foreign spouses/fiancees one time before marrying them or getting engaged. It's INSANE.
Live with them for heavens sake. And watch for warning signs (we've all read those "what do I do now?" threads). Don't rush into it then cry after because you thought they loved you.
If a case goes to USCIS and the couple has met LESS than three (maybe even 5) times, it should be denied.

According to your timeline, it looks like you guys got married about a month before her 18th birthday. That would make her eligible for an immediate relative IR2 visa. You, the US citizen, must submit an I-130 to USCIS. It must be accepted before her 21st birthday in order to lock in her age for an IR2 visa. If you wait too long, or you mess up the petition package and it gets rejected, or for any other reason the petition isn't accepted before her 21st birthday then she wouldn't be eligible for an IR2 - the petition would automatically convert to a family preference F1. You'd be waiting about 7 years before a visa number would be available for her. Read the guides and the form instructions carefully, and make sure you get it right the first time.
You can't petition for the 23 year old son. You got married after he was 18, so he wouldn't be defined as your step-son under immigration law. If he's not married then your husband can petition for him. The visa category for an unmarried adult son or daughter of an LPR is F2B. After your husband sends the I-130 then it will be about 8 years before a visa number is available for his son. If his son is married then your husband can't petition for him until he becomes a US citizen.

If as you say he earned between 3k and 15k over the last three years I don't know how your visa was approved, but never the less, your husband needs additional income, second job or whatever, or you need a co-sponsor, because at no point during the past three years has he met the 125% level
There are supposed to be processes in place to stop this sort of situation happening, so you've been let down by the system, but now you just have to focus on the problem and take the hit together to achieve what you need to get to the next step, all other considerations are secondary

If you get your AOS application approved without an interview, you are "safe" so to speak. If you have to go to an interview, you will need your husband in your corner, go with you and you will need to show you are in a valid, bonafide relationship.
Now, let's say you are separating before you get your AOS approved but then you get it approved without an interview, you are still safe at least until you have to remove those conditions. You would have to show you entered the marriage in good faith which I know you did but if your documents show that you were already separated before your initial greencard got approved, you can be in trouble again. At least this is what I read in previous posts. I hope, someone else can verify that.
So at this point, if you can hang in there and you and your husband are still together and he isn't trying to legally separate, you can look at it as "going through a rough time in your marriage, trying to make it work".
But no, once you have your greencard, you don't have to "look over your shoulder", you will be totally legal and won't have to worry about being deported.

A lot of people are making this situation a lot more complicated than it is, so I'm going to sum up what's been said (or not said) that's correct:
Applying for EAD only: Nope. A K1 is eligible to apply for an EAD only until their I-94 has expired, and the EAD that was issued would expire when the I-94 expired. This would be pointless, and the OP is no longer eligible for this anyway. She can't get an EAD now until she files for AOS, and there's no guarantee she'd get it before she got her green card. My wife and step-kids got their EAD's five days before the AOS interview.
Working "on the side": As has been pointed out several times, this is illegal without work authorization. Selling stuff you own at a garage sale is ok. Selling stuff you make (like cakes) is a business, and is NOT ok. Would USCIS find out about it? Probably not. Would it make any difference if they did? Actually, no. There are two factors which are not relevant to someone adjusting status as an immediate relative of a US citizen - being out of status, and working without authorization. I'm not saying that she should work without authorization. I'm just saying...
Fee waiver: No. USCIS has created the I-912 form for fee waivers, and the instructions for the form clearly define what type of petitions are eligible for a fee waiver (something they never really nailed down before). An I-485 is eligible for a fee waiver only if the application is filed by someone with T or U visa status, someone with asylum status, someone applying on the basis of abuse by a US citizen or LPR spouse (VAWA), a form I-360 self-petitioner (widow, Amerasian, or special immigrant), someone applying for registration based on continuous residence since January, 1972 (the Reagan amnesty program), or any category that does NOT require an applicant to prove they won't be a public charge (Cuban Adjustment Act applicant, Haitian refugee, etc.).
Borrow the money: There would be little point in doing this now. Her husband isn't qualified to sponsor right now, and it doesn't sound like they have a qualified and willing joint sponsor. The AOS won't be approved, so there's no point in going into debt to file it.
Military related aid: This is probably possible for subsistence (i.e., food), but not likely for any long-term loan. Most loan programs for military members must be repaid by allotment from the military member's pay, and is almost always required to be fully repaid before the member's enlistment expires. The OP has said her husband has been called to active duty for only two months. Any loan he got would probably need to be repaid before his active duty assignment ended. Also, many of the programs that are available for regular active duty military are specifically not available for Guard and Reserve members.
Now, my personal advice to the OP...
Think about getting your financial house in order and worry about adjustment of status later. You don't have a qualified joint sponsor, so you're not going to get a green card unless your husband can sponsor you himself. He's not going to be able to do this unless he's got a job earning enough money. That's what you need to be focusing on right now.
If your husband can't find a job within commuting distance of your current home then he should start looking farther away. If he has to walk away from the lease then so be it - he can deal with the consequences of that later. The landlord will have to sue him to get the money, and even after the landlord wins the lawsuit they'll still have to collect on their own. Getting a wage garnishment order for a private debt is difficult (impossible in some states, but possible in Georgia).
Try to set aside a little money every month, at least $50 but $100 would be better. Make a commitment that you won't touch that money for any reason that doesn't border on a life threatening emergency. Consider it as if it was already sent to USCIS, and you can't get it back. When your husband is earning enough money to sponsor you, and you've saved up enough money, then file the adjustment of status.

For those who may search for this thread with similar situations, this is why the CR1 spousal visa is a much better option for many couples who are in these financial straits. The spouse has the ability to work from day 1. Unfortunately, it's not an option for some couples in certain countries and others wish to marry in the U.S., which is fine (that's what DH and I wanted to do), but you do so at a risk. It's best to have financial stuff sorted out before you come to the US so that you don't end up in this limbo.
To the OP, I wish you luck in getting the $$ for AOS as well as getting a co-sponsor. You're young and inexperienced; it's natural to make mistakes. Thank your husband for me for serving his country.

It's a Excel spreadsheet, and there's a link to it in the pinned CSPA thread, but here's the link:
http://www.nafsa.org/_/Document/_/date_caculators.xls
It won't help the OP. Her age froze on the day her petition was accepted, but she began aging again the day her petition was approved. The CSPA allows a beneficiary to deduct time spent waiting for the petition to be approved, but doesn't allow them to deduct time spent waiting for the priority date to become current. She's aged out.

Extremely unlikely he'll get a tourist visa but if you have the money (I think it's less than $150), you can always try- even if denied, it won't affect his K1 process.
Have you looked into having the baby there? Even at a upscale private hospital it may be cheaper than having it in the USA...

I doubt you'll be able to switch to student visa within the US. Though technically possible, you would first have to apply and be accepted to a US university / college before you can apply for the F1 visa, and if you have not yet taken the required tests such as TOEFL / IELTS / GRE / GMAT, I doubt you'll have enough time to get all that done before your tourist status expires - and you cannot apply for file for a change of status once your tourist status has expired. You'd basically have to get all those tests done and apply to a school and be accepted before December 5th - I really doubt that would be possible.
In addition, I believe denial rate is higher for change of status from B2 to F1 applications than for regular F1 applications. I'd stay your best bet is to return to India, apply from there, and go through the process via your closest embassy in India.

It really depends on the Embassy. I had submitted my current pay stubs, 2011 w2's and my paperwork from filing and I requested the previous three years of tax transcripts. I went by the guidelines on here. My philosophy is the more the better/ W hy give them a reason to delay your visa

Just my opinion, but it sounds like he is collecting government assistance and working "under the table" so that his pay isn't impacting his ability to get government assistance. If that is the case then don't walk but run away from him. Anyone who does such things is already defrauding the government and because of the reported income levels they will either be denied for the immigration petition or they will get caught defrauding the government or both. In any event he either doesn't have the income to support you when you are here or he is running a game on the system which may be part of the thinking that he can get more benefits when you are here.
take a long hard look at this situation before you jump in. I don't care how much you love someone, walking in to such a potential mess is a bad idea, especially when you have to leave your country to do so.

Nope. The Philippines are heavily oversubscribed, which is why the wait is more than 20 years. It's not the same situation for Canada. They are not oversubscribed on F4 petitions. The OP was correct - it's about 10 years.
sciencenerd, the two biggest issues you're likely to face are the psychological inadmissibility issue, and the public charge issue.
Here's the relevant section of INA 212 regarding the psychological inadmissibility:


(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior,
So, if he has any history of hurting himself, hurting other people, damaging property, etc. then he would be classified as inadmissible. Likewise, if a doctor concludes that there's an ongoing risk of him doing any of these things then he's inadmissible. I know that people who are severely autistic sometimes require round the clock supervision in order to keep them from hurting themselves or hurting someone else. A rational and compassionate person would forgive an autistic person if they throw the family cat in the lake. It becomes a completely different matter if the autistic person comes to the US and throws the neighbor's cat into the lake. I would expect the medical examination to focus on this aspect, and I would expect the CO to look carefully at the medical examination report.
You can also expect the "public charge" requirement to be carefully scrutinized. It goes far beyond simply providing a sufficient affidavit of support. The law requires the CO to look first at the alien's ability to support themselves. Your brother in-law will obviously never be able to support himself, so the consulate is going to want solid evidence that you have all the bases covered, and will likely continue to cover them for the remainder of his natural life. He will never accrue 40 quarters of Social Security work credits, and he will never become a US citizen (he won't be able to pass the citizenship test), so your wife will be on the hook for the affidavit of support until either she or her brother dies. He will also never be eligible for earned benefits from the US government, like unemployment insurance or Social Security retirement benefits. Anything he would ever be eligible for would be a means tested benefit. The consulate is going to consider this fact. A major factor is likely to be medical insurance. The consulate will probably want proof that you are providing this.
Both USCIS and the consulate have the authority to expedite processing if there is an urgent humanitarian need. However, they can't do anything about his priority date. Until his priority date is current, there is no visa number available for him. They can't approve a visa until there's a visa number available for him.

Cecilia Muñoz, former senior vice president of The National Council of La Raza. 'Nuff said.

You really need to read some more--and be a little more responsible for what is a very serious issue for you and your wife's future. Good luck.

a) It depends what exactly he'd be doing and when he'd come over. For example, if he invests $500'000+ he can easily get an investors visa. If you set up your business in both countries and later bring him over as a manager, you can petition for an L1 (intra-company transfer) visa for him. If this is a very small scale business then no, unless he has extremely specialised skills, you won;t be able to bring him over.
b) Yes. It'll be up to him to apply for the visa, though you can send a letter of invitation.
c) $500'000+ for a visa. For you to start a business or for him to invest but not come here- no minimum.