milimelo

She doesn't want to withdraw because he has a kid. What she's asking is if it's better to withdraw then get denied at the interview for not putting the child on the previous paperwork. The child was a surprise to both of them.
I don't think it matters, I would just say get the DNA test like everyone has suggested and then if the child is his add her to it with proof that the DNA test was recent and you were both unaware.

To be honest I do not see any negative comments here. People just saying how it is and what he needs to do in order to achieve his goal. This is not psychological helpline. This is a place to get help on advice. In this particular case comments like yours, while making OP feel good, are dangerous giving wrong sense of security. Basically, you are hurting OP by suggesting applying for waiver and wasting both time (!) and a lot of money (!). Either way two facts remain:
1) You will not get hardship waiver to get to bypass meeting requirement. 0 chance. Basically, you will waste your time and I129F application fee which can be better used to meet in person.
2) You will have to pay overall ~$3K ($350 I129F, $200 visa fee, $1,000 for one way ticket, $180 medical, $1070 for AOS. No way around it.
3) Even if I129F approved there is no way embassy will approve. Money wasted, time wasted.
4) During AOS your brother in law will have to sign binding affidavit of support. I864. This means that if during 10 years you or your fiancee become public charge (which you agree is possible), he will be charged this amount. Once he learns about binding nature of support I do not know if he will agree to this.
The reason why people with experience giving this advice is because THEY WENT THROUGH THE PROCESS and know what it involves. Your advice will lead to wasted money and time.
If you want to listen to reasonable advice:
1)save money ($5K, should be enough for travel plus process), get another job (maybe 2nd job), travel to Lithuania. Make lots of pictures, with her parents, etc. Fly back apply for K1.
2) Move to Lithuania, get married, live there for 3 months, get a job there possibly, apply for CR1 (possibly DCF if allowed)
These are real two choices in your situation. The rest - just waste of time and money.

I agree on the DNA test- both for his sake (there is a chance the mom is naming him now just because she thinks it is a way for the child into the USA), and as an explanation why you didn't list the child on the forms.

Can we say DNA test!

DCF will not be an option after August 15th, there is no USCIS field office in Nigeria. You could live there, but you would still have to send the I-130 to the lockbox in Chicago.
USCIS Public Announcement

Absolutely, si man. It's illegal for any of us here to practice (psychiatric) medicine without a license. And are you a licensed mental-health professional who has the wherewithal to make a diagnosis of this sort? How about "My relationship is dysfunctional, and we're either seeking professional counseling together or I'm calling it off and sending her home for both our sakes"?Edited to add: And why are you posing such questions here instead of on a mental-health forum board?
Finally, in answer to
Don't marry her. Asking such a question is proof positive that there's no foundation for a functional relationship.

It is time to talk to your nearest psychologist about BPD, diagnosis and treatment options for it.

There is no reason to take offense at my comments, I was not being critical of you.
For her to become an LPR nowish she will need more than to simply be in the country before she turns 21. She needs to be here and have filed for AOS. Put simply that isn't going to happen.
I was critical of the USCIS Misinformation line and the drivel they fed you.
I'll repeat what I said:
If she arrives in the US before her 21st birthday...
Your US Citizen Husband can't petition for her because he married you after her 18th birthday.
You can petition her but since you are an LPR she will be in a family preference category and no immediate Visa number is available so she will have to wait years for a Visa number. While waiting she can't simply overstay her visa because the overstay would actually make her inadmissible and bar her AOS.
By the time you become a US Citizen, she will be over 21 and again subject to a family preference category.
If by positive feedback only you mean you want someone to tell you that you can get her here before her 21st birthday and then get her LPR status then no honest VJ member will give you that.
Even if you were able to get an expedite (which I can't imagine for this reason) getting from initial petition approval through the NVC to Consulate processing in 4 weeks is simply physically impossible.

Phil,
if you two do not get along and you are not happy with each other... Is it important who's fault it is and who might have what sickness and what the reasons are? I did not get impression that you were madly in love with each other ever...
Don't get married. Buy her tickets to get home and make sure you restore everything for her back to pre-Phil days as much as you can. That would be a kind and reasonable thing to do.
Why would you want to get married and continue to hurt each other??? If you don't fit together, then you don't fit together.

Make your way to the Removal of Conditions forum - plenty of VJ members in your situation who successfully removed conditions and received 10-yr green card.
Go to uscis.gov and under forms find I-751 - read the form and instructions then start gathering evidence for filing ROC.
Good luck, you'll be ok.

You just follow normal DV processing as if the O visa didn't exist. You aren't exactly switching - you haven't activated your O visa and your job fell through. If you wanted to use it you would need a new employer and an amended I-129 form.

Sachinsky,
The list looks good, just keep adding more statements as you keep getting them.
I would like suggest you get a state ID if you don't want to get a drivers license as I have noticed a lot of people getting RFE's for drivers license. This would also show proof of same address and would also save you as having a government ID instead of carrying your gc and/or passport as identification.

If they denied because of the affidavit of support then you've missed something. Maybe the evidence of income wasn't sufficient. I have no idea without actually knowing precisely what you sent, the exact wording on the RFE's, and what you sent in response. It's also possible you may not be interpreting the evidence the same way USCIS is interpreting it. For example, a self-employed person with gross revenues of $42,000 per year would likely NOT have an annual income of $42,000, since their income is determined after their business expenses are deducted. Is your joint sponsor self-employed? If so, where did you get the income figure of $42,000? Did it come from line 22 on their IRS form 1040?
It's $110 to file an EOIR-29, which is an appeal of a denied visa petition with the Board of Immigration Appeals. An adjustment of status application is not a visa petition - you cannot appeal a denied adjustment of status. A motion to reopen requires form I-290B, and the filing fee is $630.
If the medical is expired then you'd need to have another medical. The medical expires after either six months or one year, depending on the country where the medical was originally done.
Seriously, consider hiring an immigration lawyer to help you finish this. Do-it-yourself immigration is not for everyone. Getting an RFE means you missed something. Getting two RFE's means you missed quite a bit. Being denied after getting two RFE's means you don't know what you're doing, and you need some help.

J1 is a employement visa, its not a visa to stay in US forever. You have to return to your home country when your period is over.

Best advice would be to contact woman's shelters and Catholic Charities, tell them your situation. Honestly though I think any VAWA claim you may have would be very thin as you really can't prove any abuse.

You caused ur denial, i'm sorry. You were asked to obtain another co sponsor which u neglect.. Well, u cant treat government issues with impunity. Get it right!

Messybrownhair,
Congrats on the AOS, I used to see you on AOS, and now you are already on the otherside!!
Anyway, if you interested, you may look up expedited citizenship if you want to join your husband abroad. I know if your spouse is deployed for more than 1 years and you have intentions of joining him, then I believe you can apply for expedited citizenship. I am not sure but I dont think the 3 year for citizenship applies to military personnel and families.
If its something you may be interested in, I suggest you check it out!

You're resurrecting 5-year old thread and asking a member who was NOT on this board since 2007 for a link?
Just googling what he referenced I was able to find the information. I imagine you can do the same.

I suggest USCitizen Spouse file the I-130 soonish, for CR-1 visa, interview in Montreal.
You keep crossing until interview day.
IMO, if you return from Canada and try to file AOS, will be immigration fraud.

You were misinformed at USCIS - btw, you do not file a petition with e local office, you read the instructions and send it to Chicago Lockbox.
You have no basis for adjustment of status as spouse is LPR. File ONLY I-130 and in the meantime stay in student status until the visa number is available. Follow priority dates on visa bulletin (state.gov) and when your number is current you can file I-485 with a copy of your I-130 notice.

You were misinformed at USCIS - btw, you do not file a petition with e local office, you read the instructions and send it to Chicago Lockbox.
You have no basis for adjustment of status as spouse is LPR. File ONLY I-130 and in the meantime stay in student status until the visa number is available. Follow priority dates on visa bulletin (state.gov) and when your number is current you can file I-485 with a copy of your I-130 notice.

I would just tell them.

Her case isn't that complicated. She was here on a CR-1 and left before having conditions removed and somewhere in the process got divorced. Unless there was a VAWA case initiated then the CR-1 is done and over with. There is no basis for returning to the US on that as she no longer has a USC husband. Student or tourist visa is pretty much a guaranteed rejection as via the CR-1 she has shown an intent to immigrate. The only real option is a H1-B visa sponsored by her current employer.

Pax, questionable if she overstayed the tourist visa, kinda thinking she did, but the green card expired March 2009 and she didn't leave the US until summer 2010.

Sounds like your green card was expired prior to you leaving the US yes? If so there is no way you can obtain a returning resident visa as you had to be a resident when you left to qualify.
Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:
That they were lawful permanent residents when they departed the United States;
That when they departed they intended to return to the United States and have maintained this intent;
That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and
That they are eligible for the immigrant visa in all other respects.
Source.