EA and MK

Don't worry. Happened to my wife. They "lost" her biometrics. Go in, get your biometrics, and within a week you should see your new GC in the mail.

Put whatever is after the main URL. For example,
 
www.facebook.com/username

Since a caution is not a conviction, the only item you need to sincerely and truthfully answer about your incident is whether your arrest was because you caused serious damage to property or serious harm to a person. If your actions that got you arrested resulted in neither , then I don't know why people here are saying this could be misrep. 

Since a caution is not a conviction, the only item you need to sincerely and truthfully answer about your incident is whether your arrest was because you caused serious damage to property or serious harm to a person. If your actions that got you arrested resulted in neither , then I don't know why people here are saying this could be misrep. 

Yes, correct approach. 

My understanding of the USCIS policy manual includes exceptions for not meeting the marital union requirement, including:
 
1) Required to serve in the armed forces
2) Required travel and relocation for employment.
 
It will be at the interviewing officer's discretion to evaluate if an exception can be made by evidence and proof you provide.
 
Is your wife employed and had to leave as a result?
 
Also, I don't want to be rude but I did not like the vibe you give off when you state "...the State Dept doesn't track the travel history of US citizens". Or when you state "I could admit ignorance". This sounds like you are trying to che the system and get away with something. Like pulling a fast one/hoping they don't catch yout. Sate Dept may not track US Citizens travel history, but DHS/CBP most certainly do. Just do things right the first time, and with full honesty. This is the only way to ensure success with US immigration.

Honestly, you don't need a lawyer. I had a lawyer, and they make so many mistakes that add extraordinary levels of stress. Not to mention they take thousands of dollars from you. 
 
This is how it will go down: you need to pay them and fill out an "intake sheet" with all biographical information about you, your wife, kids, etc. They will then ask you to compile all relevant evidence. They will then literally transcribe the info you provide them to the I-130 and I-130A. That's all they do. Then you will get charged again for them to transcribe that same info to DS-260 and I-864. Now, will it be done right? Not always; they may make typos or miss info and you may not even get a chance to review until after they sent the packet.
 
If you wanna throw money away try an American lawyer. They will need to fill out G-28 and I don't think they can if they aren't registered with a US State bar. 

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

I strongly advise you do your own research and file your own petition. A lawyer already caused problems for you! And they've caused me and others issues too. It's not a challenging process, but requires you to be meticulous and to the point. 

This is why it's hard on people actually coming to visit to get a B1/B2 visa. This behavior of, "coming for a better life" does not allow someone to violate US immigration law.
He has committed a crime by using his visitor visa to study and to work. The consequence is cancellation of his visa and no longer qualifying for a non-immigrant visa. He can absolutely see his daughter, and not leave her behind, BY GOING BACK! If someday you'd like to marry, you can petition for him. But in the mean time, he needs to exit before he is banned and making it that much more difficult to qualify for an immigrant visa.

Honestly, you don't need a lawyer. I had a lawyer, and they make so many mistakes that add extraordinary levels of stress. Not to mention they take thousands of dollars from you. 
 
This is how it will go down: you need to pay them and fill out an "intake sheet" with all biographical information about you, your wife, kids, etc. They will then ask you to compile all relevant evidence. They will then literally transcribe the info you provide them to the I-130 and I-130A. That's all they do. Then you will get charged again for them to transcribe that same info to DS-260 and I-864. Now, will it be done right? Not always; they may make typos or miss info and you may not even get a chance to review until after they sent the packet.
 
If you wanna throw money away try an American lawyer. They will need to fill out G-28 and I don't think they can if they aren't registered with a US State bar. 

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

Where are you in the process? Is your case at the embassy and awaiting an interview or are you just now getting started?

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

Understood. I think it may be difficult to add you this late in the stage. Typically, yes she should have been able to add you as a derivative beneficiary. You can make this change from the case summary page’s status chart. Go to the list of visa applicants under “Applicant Information”, click on the drop down box and select either “follow-to-join” if you’d like the derivative to travel later, or “accompanying” if you’d like the derivative to travel with you. The change will be reflected one or two hours after making the selection.
 
If you want to add a derivative but already had your Embassy interview scheduled, you must let the Embassy know before the interview. You will still need to complete all required processes – their own application, civil documents, medical exam, VAC visit, and pay all required fees. 
 
Option 2: Since she already had her interview and traveling in such a short period of time, she may need to enter the US with her EB-3, become an LPR, and then petition for you. Unfortunately, this is a bit lengthy. 
Did you get married after her DS-260 got filed? I'm so sorry, but it seems like option 2 is gonna be the one to go with. Really wish you had asked sooner so we could have advised sooner! 
 
Perhaps other members may have more information... 

This. The visa is issued so the case is closed.

OP:
The only way to have the ceac reactivated for adding a derivative is by contacting the  embassy. Since it's been 2 months you (presumably your wife) contacted the embassy, it just shows how backlogged they are. May be follow up again and be very specific on  why adding the derivative. Once they activate your wife's profile, she will add you, fill up the DS260, upload your related civil docs. The Embassy will review that and schedule an interview. Overall it will take several months. Not sure when your wife's visa expires, she has to travel before the expiry daye. You can still get interviewed later and get the same EB based derivative Visa.

I would see if you could still get the follow to join option on CEAC...

Just out of curiosity, why would you refer to her as your wife and seek for her to sign a lease as identified by the CBP officer during the cell phone exam?
 
Depending on what else they put in her immigration file, this may make your case challenging. Thinking about it from a Consular Officer's perspective, I would want to review on what basis the beneficiary applied for a B1/B2 visa? Was there any misrepresentation in the DS-160? Or, was she knowingly trying to commit visa fraud, through you, by trying to circumvent US immigration laws as "the quickest way [for her and kids] to get here". Clearly, she had pre-concieved intent to immigrate without the right visa. However, when applying for this visa did she know she was going to try and immigrate with it? She was regarded to as your "wife" when she wasn't, is she free to marry? At the time of DS-160, was there any misrepresentation with regards to marital status? She carried academic records, strengthening the claim she was trying to immigrate to the US and school her kids here. When looking at the totality of circumstances, a Consular Officer may have enough information to hand down a permanent bar for misrepresentation and fraud. It depends on the timeline this all happened in as well as other factors, of course. Kenya, unfortunately is a high fraud country and there will be scruity - so be prepared for that.
 
As for marrying, any country that permits non-nationals to marry will suffice.. Heck, why not do it in Kenya if you two are free to marry? It will make it easier. Once you marry, a K-1 Visa is not appropriate or allowed. You must file for an F2A visa. IF you naturalize, you can "upgrade" this petition to a CR-1 visa. (Big IF, as you may be considered to have helped someone circumvent US immigration laws).  As for her children, I would think you can adopt them and bring them with an F2A visa too, or she will need to immigrate first and then file a petition for each.  
 
You cannot choose to file an immigrant visa petition in the country that you marry, if your spouse is not a resident or national of that country. That would be consulate shopping. Instead, you must file with the Consular Section in Nairobi. 

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

I strongly advise you do your own research and file your own petition. A lawyer already caused problems for you! And they've caused me and others issues too. It's not a challenging process, but requires you to be meticulous and to the point. 

Just out of curiosity, why would you refer to her as your wife and seek for her to sign a lease as identified by the CBP officer during the cell phone exam?
 
Depending on what else they put in her immigration file, this may make your case challenging. Thinking about it from a Consular Officer's perspective, I would want to review on what basis the beneficiary applied for a B1/B2 visa? Was there any misrepresentation in the DS-160? Or, was she knowingly trying to commit visa fraud, through you, by trying to circumvent US immigration laws as "the quickest way [for her and kids] to get here". Clearly, she had pre-concieved intent to immigrate without the right visa. However, when applying for this visa did she know she was going to try and immigrate with it? She was regarded to as your "wife" when she wasn't, is she free to marry? At the time of DS-160, was there any misrepresentation with regards to marital status? She carried academic records, strengthening the claim she was trying to immigrate to the US and school her kids here. When looking at the totality of circumstances, a Consular Officer may have enough information to hand down a permanent bar for misrepresentation and fraud. It depends on the timeline this all happened in as well as other factors, of course. Kenya, unfortunately is a high fraud country and there will be scruity - so be prepared for that.
 
As for marrying, any country that permits non-nationals to marry will suffice.. Heck, why not do it in Kenya if you two are free to marry? It will make it easier. Once you marry, a K-1 Visa is not appropriate or allowed. You must file for an F2A visa. IF you naturalize, you can "upgrade" this petition to a CR-1 visa. (Big IF, as you may be considered to have helped someone circumvent US immigration laws).  As for her children, I would think you can adopt them and bring them with an F2A visa too, or she will need to immigrate first and then file a petition for each.  
 
You cannot choose to file an immigrant visa petition in the country that you marry, if your spouse is not a resident or national of that country. That would be consulate shopping. Instead, you must file with the Consular Section in Nairobi. 

I strongly advise you do your own research and file your own petition. A lawyer already caused problems for you! And they've caused me and others issues too. It's not a challenging process, but requires you to be meticulous and to the point. 

Just out of curiosity, why would you refer to her as your wife and seek for her to sign a lease as identified by the CBP officer during the cell phone exam?
 
Depending on what else they put in her immigration file, this may make your case challenging. Thinking about it from a Consular Officer's perspective, I would want to review on what basis the beneficiary applied for a B1/B2 visa? Was there any misrepresentation in the DS-160? Or, was she knowingly trying to commit visa fraud, through you, by trying to circumvent US immigration laws as "the quickest way [for her and kids] to get here". Clearly, she had pre-concieved intent to immigrate without the right visa. However, when applying for this visa did she know she was going to try and immigrate with it? She was regarded to as your "wife" when she wasn't, is she free to marry? At the time of DS-160, was there any misrepresentation with regards to marital status? She carried academic records, strengthening the claim she was trying to immigrate to the US and school her kids here. When looking at the totality of circumstances, a Consular Officer may have enough information to hand down a permanent bar for misrepresentation and fraud. It depends on the timeline this all happened in as well as other factors, of course. Kenya, unfortunately is a high fraud country and there will be scruity - so be prepared for that.
 
As for marrying, any country that permits non-nationals to marry will suffice.. Heck, why not do it in Kenya if you two are free to marry? It will make it easier. Once you marry, a K-1 Visa is not appropriate or allowed. You must file for an F2A visa. IF you naturalize, you can "upgrade" this petition to a CR-1 visa. (Big IF, as you may be considered to have helped someone circumvent US immigration laws).  As for her children, I would think you can adopt them and bring them with an F2A visa too, or she will need to immigrate first and then file a petition for each.  
 
You cannot choose to file an immigrant visa petition in the country that you marry, if your spouse is not a resident or national of that country. That would be consulate shopping. Instead, you must file with the Consular Section in Nairobi.