portorusa

It defines by the date of entry to the US. If the entry is after the 2nd anniversary, the visa is IR1.

Same here, not a peep. Filed for AOS on April 24, NOA date is May 20. Tucson, AZ office opened on 7/27.

Why a notary to prove the sibling relationship? Why not just the birth certificates listing the same parents?

We do not have an end date so we will just have to wait and see. 
 
 
It means that the I-944 and Public Charge Questions will not be considered in making a final decision. 

What does it mean if I had already filed with the I-944, will that just be skipped?  The worrying part of my application was all the evidence required for the I-944, so it'd be great if I didn't have to worry about that.

Refused is not denied. Refused is another word for AP.

Your “fiancé” cheated on you and got pregnant. And you’re sticking around ? 
 
 
wow...

I have heard of Germans seeking asylum in te US but not people fleeing Canada.
 
Please keep us updated.

More specifically, in order to successfully remove conditions via the abuse waiver, one must show both 1) abuse and 2) a bona fide marriage.
If a prior marriage was a sham, this is a bar for any future marriage based benefit. Essentially, they made a material misrepresented about the validity of their marriage, and therefore are inadmissible. There is no statute of limitations on fraud or misrepresentation.
They can also review the entire immigration history of the applicant. So if they have a basis to believe they gained their current LPR status incorrectly (i.e. via a petition that should have been denied), that is basis for denial of the I-751 and starting removal proceedings.
 
See INA 204(c) for the explanation as to why the latest I-130 petition "should have" been denied if the prior marriage was a sham to obtain an immigration benefit: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154&num=0&edition=prelim
 
Time to lawyer up.
Regardless of what USCIS says, she will (eventually) get to make her case to an immigration judge. Find a good lawyer and heed their advice. Although I would expect it to focus on why the prior marriage was not fraudulent (which can be that it was legitimate but that they only failed to prove it's legitimacy, which is different than a determination of fraud) as that appears to be the basis for the denial now.

And can you imagine the discussions we would have on the “effects of family changes” - we already have enough “Amazon returns” type questions. I can just see it now - “ordered a blonde, 5 ft 6, size 2 but received a 300-pound brunette with bad breath. Am I entitled to a refund?”
 
Would make an interesting chapter in your book.

Was the OP asking for immigration advice or counseling/marriage advice?

It’s pathetic. The agency is funded with our money. They don’t print the cards out of the goodness of their hearts, we pay for them!

OP, sorry to hear what happened. It is up to you what to do next but if I were you, I would do the following:
- get a restraining order against your abuser ASAP
- if he's still in jail I would NOT let him return home. You can do it if receive a call from police/judge answering "No" to the question, "Is he welcome back home?"
- call Domestic Violence Hotline and ask them for resources to victims of DV in your area
- locate local WIC or other social services agencies providing help for women with small children
- apply for food stamps with DES (many states allow green card holders to apply, some even for state medical insurance)
- file for divorce as soon as possible
- look up special housing programs for women with kids and apply for a subsidized apartment
You must be at a juncture where you may feel overwhelmed and lost. Do not worry, help is out there. You just need to know how to look for it.
Whatever you decide to do, PLEASE PLEASE do not allow yourself to forgive him and get back together! He is dangerous, and you may end up dead.

A child does not receive derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent's F2 petition.
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html
 
 
Also if you were considering them as derivates and then had them enter the US on tourist visas with the intention to live here and adjust status, that would be visa fraud.

Trust Foxnews to ask a Cardiologist their opinion about an infectious disease. 
 

Filing for AOS while in the US on nonimmigrant visas is not committing fraud. If the OP now enters the US with intent to marry and file AOS, that would be a fraud.
 
To the OP:
Yes you could have done that but as others have said, past is past and hope you will immigrate to the US soon.

That’s what I thought, too

for ICE to know you were out of status and an illegal alien,  someone had to report you
you really need to know the extent of that complaint to ICE

any illegals are called into court and ICE does not know (watch the cops show and you will see some even arrested for driving without a license and ICE does not show up
sorry ,  but your wife called them and advised them where to find you
and you need to know what she said in a complaint to the courts and to ICE (and why she did not AOS for you)

It is a sign your interview will be waived. Congratulations!

“I want her out of this country”😂 

It is a sign your interview will be waived. Congratulations!

1. the time you spent after the 90 days you had unlawful (illegal) presence. Since you never applied to adjust status you had no connection to legal status (ex. Pending) **For those of you that say what is the harm in not adjusting status this is a great example. Your marriage can go south and you lose your ability to stay in the US
2. Once your divorce is final and If you marry another US citizen you would need a waiver. 
3. You sound like you are greencard shopping so expect a LOT of scrutiny. You have been in detention for the last 6 months, are still married yet have a American girlfriend already? Maybe she should join VJ to learn first hand the uphill battle she will face as well. 
4. Dont forget anyone can apply for a visa but it doesn’t mean it will be granted. 

Have you heard about Covid 19?  

OP, sorry to hear what happened. It is up to you what to do next but if I were you, I would do the following:
- get a restraining order against your abuser ASAP
- if he's still in jail I would NOT let him return home. You can do it if receive a call from police/judge answering "No" to the question, "Is he welcome back home?"
- call Domestic Violence Hotline and ask them for resources to victims of DV in your area
- locate local WIC or other social services agencies providing help for women with small children
- apply for food stamps with DES (many states allow green card holders to apply, some even for state medical insurance)
- file for divorce as soon as possible
- look up special housing programs for women with kids and apply for a subsidized apartment
You must be at a juncture where you may feel overwhelmed and lost. Do not worry, help is out there. You just need to know how to look for it.
Whatever you decide to do, PLEASE PLEASE do not allow yourself to forgive him and get back together! He is dangerous, and you may end up dead.