pauli

This post really chapped my hide, so my response will be much testier than normal.
I highly doubt this is some grand conspiracy to deny you. You didn't follow directions. Of course the USCIS is going to take your money. You sent them a package and asked them to complete work, which they did by reviewing it and recognizing that you failed to follow directions.
Wait for the letter in the mail, it may be an RFE after all. If it is a denial, well, serves you right for not following directions. You have no one to blame but yourselves. And the only people who should be posting with righteous indignation about this situation are the people whose cases were delayed by a few hours because someone wasted his or her time reviewing yours, which wasn't even complete.

You provided the wrong answer and your continuing posts are probably just confusing the OP.
Best to quit.

Actually you ARE here unlawfully. I understand that being told you are here unlawfully is upsetting for you but it doesn't make it incorrect nor give you the right to be quite rude to another member. Your I-94 controls your status. Here's a link to explain the I-94 for you: http://travel.state.gov/visa/temp/info/info_1298.html
If you were to run into ICE they CAN lock you in immigration jail. The ONLY reason you are unlikely to be deported (yet) is because the immigration judge would see you're eligible to AOS (due to your marriage) and would order that you do so ASAP.
Please read this link: http://www.visapro.com/Immigration-Articles/?a=1484&z=46 which explains the terms. You'll note about halfway down the page it says "Out-of-status (Unlawful Status) Vs Unlawful Presence". See how the words "unlawful status" are enclosed in brackets after "out-of-status"? This means those two terms mean the same thing. Read that link and it should explain it for you.
If you are still confused I encourage you to speak to an immigration attorney who hopefully will be able to explain it in a way you can understand. Again. You ARE here unlawfully. You ARE accumulating unlawful presence which if you were to leave without a GC would get you a ban.
I should also mention that volunteering for your wife's workplace is illegal work IF you are taking the place of a regular paid worker OR you are planning to work there PAID once you get your EAD/GC. Just be aware of this as well.

You are attacking me when you are mistaken - it just makes you look foolish. To explain your confusion - once the I-485 package is accepted, the immigrant begins a new period of authorized stay, and can remain in the US while it is adjudicated. The overstay clock is stopped while AOS is pending. If the immigrant did not file AOS, then each day after 90 days would be days of illegal presence, and 180 days they would incur a ban if they were to leave the US. Any overstay is forgiven/irrelevant for spouses of US Citizens who adjust in-country, so a person who eventually AOS's will incur no ban once the AOS is approved. However, if the K-1 immigrant were to leave the US without AOSing, they they would trigger a ban (if they overstayed past their 90 days long enough). A member just went through this situation; she never AOSed and left after over a year here. Now she wants to return and will have to file a ban waiver.
Overstay is illegal presence. If your AOS is pending, then you are in a new period of authorized stay and are not out of status - you are in status-pending.
I hope that explains your confusion. I will not respond further to misinformed attacks.

Read the instructions for the I-134, and what it is used for. Admission to the US as or adjustment of status to LPR, and some types of student and work visas. Mentions nothing about tourist visas. Trying too hard to show that you and your husband can support your parents and can provide them a place to stay while they visit, at the same time demonstrates they would have means to overstay

That what I was thinking.
Sending an I134 rather than letting the applicant demonstrate their own financial ties, etc seems like asking for trouble. As stated earlier every single applicant is treated as a potential immigrant unless the applicant can prove otherwise.
Slapping a document down in front of the CO demonstrating adequate financial support for the applicant to stay in the US would undermine that burden of proof.

Getting back to this question that was never answered or some misleading answers were given about how long the petition takes. It's availability of a visa that takes a long time.
If it was his father who lived in the US, then an approved I-130 petition would only get him a place in line waiting for a visa. There are only so many visas available each year in the category of adult unmarried son/daughter. Right now (April 2012), the people who have made it to the front of the line to get a visa have been in line since April 1, 2005 if Dad was a US citizen. If Dad was a permanent resident, then the ones at the front of the visa line got there January 15, 2004 or before. Since your boyfriend does not have an immediate relative (parent) in the US, there is nobody that qualifies to bring him here, so the times don't apply to him.
There is no numerical limit on visas for fiances or spouses of US citizens(you). He would not have to line up and wait for years for a visa to become available. It will still take 2-3 months after the petition is approved to process the paperwork in London for that immediately available visa. You can start now and petition him as your fiance (I-129F). Or you could marry him first and petition him as your spouse (I-130).
The basic fees
Spouse route = $738 + £259.50
$420 (USCIS) I-130
$88 (NVC) Affidavit of Support fee
$230 (NVC) Immigrant Visa fee
£35 ACPO Police certificate
£210 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee
Fiance route = $1650 + £259.50
$340 (USCIS) I-129F
$240 (Embassy) Visa fee
£35 ACPO Police certificate
£210 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee
$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

None of these people are immediate relatives as defined by the immigration law, and they cannot petition for him. Only one's spouse, parents, children, or siblings can petition. Take a look at the USCIS website here.
So the K1 is your only option, unless you want to get married first.

Possibly the worst bit of advice I have ever read on VJ. Possibly.

He asked for honesty and disclosure. She could have said that she would tell all someday but not then. She didn't. Instead she lied and let him believe she was what he wanted. And continued an affair with a married man until TWO DAYS before the marriage! She had to have known long before two days that the marriage would occur! Would ANY of you justifying her behavior have accepted your spouse continuing an illicit affair with someone else until 2 days before your wedding? I would like to know if any of you would say yes! I will wait for your reply!

These arguments like "it's not inappropriate/invasive/unjust because it's common/not illegal" aren't particularly logical. Just because their ability to ask these questions has not yet been challenged, doesn't mean that it is right or that there is no ground to challenge them. Even if questions about sex life are helpful to root out fraud, they still might not stand up if challenged in an American court. Consider the question of marital status in a job interview: potentially helpful to employers who want to avoid having their employee take time off for children? Yes. Legal? No. In that case, the person being interviewed doesn't have the "right" to the job (just as people are arguing that interviewees don't have a "right" to a green card), but because of the difference in power between the person offering the job and the person trying to get it, there has to be some protection for the interviewee built into the process.
I can't remember if I got this link off this thread or another on VJ, but this article on marriage fraud talks about a CO that was using interviews to extort sexual favors, and the other article from the NYTimes mentioned in this thread says that officers are trained to avoid questions about sex...it's not entirely impossible that the CO is using his/her power to get their...jollies. With gynecologists, you can always go to another if you get creepy vibes from yours; not so with consular interviewers.

Point is, it should not be within their discretion to resort to these kinds of questions. In my world, the end does not justify the means. The means, though, do reveal character.

2 points:
1. A national poverty line is an awkward statistic because the cost of living in New York City is many times higher than that of Oshkosh, Wisconsin. While requiring 200% of the poverty line for NYC residents seems reasonable, it is unfair to those in Oshkosh who may be fine at 125%.
2. I think some people have different ideas of what the poverty line indicates. The poverty line is not determined to be that income at which one is "comfortable" (although one could be depending on his or her situation). Instead, it is the minimum amount at which one can afford the basic necessities of life. Basic doesn't mean live in an ok part of the city with cable tv.

2 points:
1. A national poverty line is an awkward statistic because the cost of living in New York City is many times higher than that of Oshkosh, Wisconsin. While requiring 200% of the poverty line for NYC residents seems reasonable, it is unfair to those in Oshkosh who may be fine at 125%.
2. I think some people have different ideas of what the poverty line indicates. The poverty line is not determined to be that income at which one is "comfortable" (although one could be depending on his or her situation). Instead, it is the minimum amount at which one can afford the basic necessities of life. Basic doesn't mean live in an ok part of the city with cable tv.

2 points:
1. A national poverty line is an awkward statistic because the cost of living in New York City is many times higher than that of Oshkosh, Wisconsin. While requiring 200% of the poverty line for NYC residents seems reasonable, it is unfair to those in Oshkosh who may be fine at 125%.
2. I think some people have different ideas of what the poverty line indicates. The poverty line is not determined to be that income at which one is "comfortable" (although one could be depending on his or her situation). Instead, it is the minimum amount at which one can afford the basic necessities of life. Basic doesn't mean live in an ok part of the city with cable tv.

Good Lord! What fantasy world do you live in? CSI? Hawaii 5-0? The Lone Ranger?
To the OP, good luck. If he has family or friends that he can go to stay with, this is a prime time to do it. I don't know how popular couchsurfing is in Brazil, but that might be an option to help him out.
Please keep us updated on the status of this situation.

Been here 6 months and lost 6 lbs so far. My husband has lost about 8. And it's primarily because we are happy to be together and eating more healthily.
We are walking and exercising more, avoid eating too much fast food, and when we do, order smaller portions (when possible I order child's portions!). It also helps that we both like to cook and have planted a vegetable garden. We avoid processed food, never try the samples at costco, and try not to put junk food in the shopping cart. It also helps that California is a great place to be for the great variety of fruits and veggies available, almost the whole year 'round.

You've started quite a discussion!
I moved to Vermont. I miss walking so much in everyday life, you have to drive here. The food is better in the US in my opinion (I've traveled to 22 States so far), simply because there is more variety. But I do miss some things from home.
I am fitter and slimmer since I moved here, and I was slim before I moved here. I have adopted the lifestyle here in Vermont of eating well and exercising...which I did not do in the UK! I do yoga and exercise classes with my colleagues and my workplace offers incentives to exercise and provides good, healthy food. (I work in a public high school) When I was waiting for my AOS I found a free yoga class and went for walks.
I've noticed that it is far easier to get healthy food here. I admit that is not the case in all parts of all states. When my husband moved to Scotland he put on about 30lbs. All those chippy's and pies. We eat a lot of 'stodge' in Scotland and spend too much time in the pub
But as another poster said...it doesn't matter where you are, if you eat too much and don't exercise, you'll put on weight! It's that simple.

Okay, people it's to easy to blame the USA for your fatness. When you should be the ones to blame, there is something here called a doggy bag and we have microwaves that magically heat up the food in about a min or 2. Also in the USA they have refrigerators that don't require ice to keep your food cold and fresh.
In regards to meat having growth harmonies or antibiotics. You know that the word organic in meat means? Grass feed beef is also an alternative. Try places like whole foods market or heb or maybe a farmers market.
I've been around the world and believe me there are fat people everywhere, for goodness when I was in the Netherlands I had butter on everything, yes uk breakfast is a heart attack waiting to happen, also the same with your curries. In the middle east meat hangs outside in the open market, I'm sure there is nothing like the USDA there. Plus I would eat us beef over uk, maybe mad cow will jog your memory.
Yes we all gain weight in the land of plenty.

I don't think a kidnapper would bother packing his victim's luggage.

To me this seems to be a question of simple fairness. Sometimes as women we feel entitled to make decisions as if we made the child by ourselves.
I would simply ask myself this one question if I were you. How would I feel if someone could take my child thousands of miles away and leave me near helpless to do anything about it?
You are well within your legal rights to go home before the baby is born but how could that sit well with you - doing that to someone?? How would that affect your child? How would you feel? what could/would you do?
Do not make the first major decision you make as a mother be to remove a good chance that your baby will know the full love of his/her father without a VERY VERY VERY ligitimate reason..

H1-B denied, got married, wife pulled the plug on the AOS, filed for VAWA, that got denied so now you are in a second marriage and filing for AOS? Do I have this correct?
Yeah, this is not going to end well. And that's putting it lightly.

She would have been granted the visa the first time, or the second, if she had qualified for one. As she failed in some area of the requirements to do so, what reason was given for the denial? If you are unsure, file a FOIA and find out.
They require the DNA test to confirm paternity without doubt, as no Embassy anywhere accepts on face value a declaration of paternity. It has to be proven, by the test. Positive paternity test results in American Citizenship, and this is not handed out lightly.
She wasn't turned away for 'whatever reason'. In earlier posts you stated one one occasion she did not have the birth certificate, on another occasion no appointment letter. It is impossible to just go to the Embassy and be admitted without a letter of appointment. It doesn't matter the test you paid for was there, it doesn't matter how long the test would have taken. If she was not sent an appointment letter to come and have the test performed she would not have been admitted. If she wasn't prepared with the documents required, she would be sent away to get those, and advised when to return when the schedule permitted.
I suggest that she was successful in September because whatever the issue was that prevented the visa being issued in the first instance was addressed and supported with further evidence.
They are doing their jobs. The Government want what they want, in the order they want it, and in the format they want it. There are no exceptions, the same rules apply to us all. We may not like their rules, but in the end we all have to comply.
I understand you are angry and upset. I know from first hand experience how it feels to lose a child. However I also understand that while this is a very sad thing, it is not the fault of the consulate. I am sorry for your loss.

So if you had a family member outside of the US who came to visit, and he helped you build a deck while visiting, that would be defrauding the government? Sorry, I don't buy it. And yes, we will let the embassy decide.

ZeeBee has been on VJ for a long time and has a reputation for being kind, respectful and helpful. I believe she was trying to expand the culture of kindness that she exhibits but letting you know that your comments were bordering on insensitive and were unnecessarily rude. An opinion you can obviously choose to ignore as you forge your own reputation on VJ, it will certainly be a different one than ZeeBee's.