az110965

Your fiance has not commited an overstay, so at this point there really is nothing that you can do. Being that you did not / will not be marrying her, the affadavit of supoort you filed is not enforceable and basically it's on her to leave the country voluntarilly. Contacting immigration is not an option at this point - she has done nothing illegal to this point.
One note of caution... If she is still living in your home be VERY careful. All it takes is a call to the police that you committed an act of domestic violence and you can have a world of trouble. I'd recommend having her stay someplace else, preferably a hotel. Staying together in the same residence can cause you problems that you never imagined...
Good luck.

Jason,
Your obgligation ended when you decided there would be no marriage and provided the FIRST ticket home for her. The best news is that she willingly agreed to leave your home and she's not physically present there any longer.
If she ever had a key to your place, change the locks. If she still has any posessions at your place, send them to her at her friend's place. If she received any mail at your home while living with you, file a change of addrsss with the Postal Service. Same goes with any ATM cards. Change the PIN, etc...
My recomendation is that now she's left the home, have no more communication with her. No phone calls, texts, emails or any other means. Sounds like you've acheived your objective of getting her to leave.
Best of luck to you and I'm very sorry that things did not work out.
Al

Jason,
Your obgligation ended when you decided there would be no marriage and provided the FIRST ticket home for her. The best news is that she willingly agreed to leave your home and she's not physically present there any longer.
If she ever had a key to your place, change the locks. If she still has any posessions at your place, send them to her at her friend's place. If she received any mail at your home while living with you, file a change of addrsss with the Postal Service. Same goes with any ATM cards. Change the PIN, etc...
My recomendation is that now she's left the home, have no more communication with her. No phone calls, texts, emails or any other means. Sounds like you've acheived your objective of getting her to leave.
Best of luck to you and I'm very sorry that things did not work out.
Al

Your fiance has not commited an overstay, so at this point there really is nothing that you can do. Being that you did not / will not be marrying her, the affadavit of supoort you filed is not enforceable and basically it's on her to leave the country voluntarilly. Contacting immigration is not an option at this point - she has done nothing illegal to this point.
One note of caution... If she is still living in your home be VERY careful. All it takes is a call to the police that you committed an act of domestic violence and you can have a world of trouble. I'd recommend having her stay someplace else, preferably a hotel. Staying together in the same residence can cause you problems that you never imagined...
Good luck.

Jason,
Your obgligation ended when you decided there would be no marriage and provided the FIRST ticket home for her. The best news is that she willingly agreed to leave your home and she's not physically present there any longer.
If she ever had a key to your place, change the locks. If she still has any posessions at your place, send them to her at her friend's place. If she received any mail at your home while living with you, file a change of addrsss with the Postal Service. Same goes with any ATM cards. Change the PIN, etc...
My recomendation is that now she's left the home, have no more communication with her. No phone calls, texts, emails or any other means. Sounds like you've acheived your objective of getting her to leave.
Best of luck to you and I'm very sorry that things did not work out.
Al

Your fiance has not commited an overstay, so at this point there really is nothing that you can do. Being that you did not / will not be marrying her, the affadavit of supoort you filed is not enforceable and basically it's on her to leave the country voluntarilly. Contacting immigration is not an option at this point - she has done nothing illegal to this point.
One note of caution... If she is still living in your home be VERY careful. All it takes is a call to the police that you committed an act of domestic violence and you can have a world of trouble. I'd recommend having her stay someplace else, preferably a hotel. Staying together in the same residence can cause you problems that you never imagined...
Good luck.

az110965 word of caution should be underlined. When a woman comes from another country, they CAN push you under the bus to die if it means they will survive here. Not all of them but some. Based on what I know, I would absolutely pack my suitcase and move somewhere and have her evicted if you are living together. All she has to do is cut herself, bruise herself and you will find yourself in jail and when you get out, you will not be able to come home to your own house. If you argue at all with her stop because she might be drawing you into a trap.
If she is a manipulator and lies on occassion.. this is a real volital mix with a hidden survivoralist instinct. Be afraid but you know your situation better than us.

Jason,
Your obgligation ended when you decided there would be no marriage and provided the FIRST ticket home for her. The best news is that she willingly agreed to leave your home and she's not physically present there any longer.
If she ever had a key to your place, change the locks. If she still has any posessions at your place, send them to her at her friend's place. If she received any mail at your home while living with you, file a change of addrsss with the Postal Service. Same goes with any ATM cards. Change the PIN, etc...
My recomendation is that now she's left the home, have no more communication with her. No phone calls, texts, emails or any other means. Sounds like you've acheived your objective of getting her to leave.
Best of luck to you and I'm very sorry that things did not work out.
Al

You are correct. You may not leave the US (and re-enter) while your AOS is pending, except under dire emergencies where an advance parole is issued authorizing you to leave the US and re-enter. Granting of an advance parole is not a given and can be denied by the adjudicator at their descretion.
AOS can take anywhere between 3-6+ months depending on the circumstance and typically there is an AOS interview performed at your local service center to judge the validity of the marriage - so it is CRUCIAL to begin preparations for your AOS as soon as you marry (photos of the wedding, co-mingling of finances, both names on apartment lease, the non USC as the beneficiary on life insurance policies, adding the non USC to the health insurance policy, etc)...

Voice chat logs are acceptable with the other proofs that you have listed above. Hoepfully you have plenty of emails to supply also.
Try to picture it this way... The Consulate does not know you or your fiancee. Now look at the evidence you have to proove you are in love with your fiancee, she is in love with you and you have a legitimate ongoing relationship. Chat logs tell part of the story, but not all. I advise you and your fiancee to start emailing (alot), send e-cards (www.123cards.com is FREE). Buy a calling card that allows you to printout phone records and at least show A FEW phone calls (try www.Pingo.Com).
The more proof you have, the better your chances are...
Alan

It sounds like your case is in AP (Administrative Processing). More than likely your fiancee's name came up in a routine database check for criminal history in their country (this can happen if your fiancee has a fairly common name).
Unfortunately AP can last anywhere from several weeks to several months, so at this point the only option is to wait. I would try to contact the DOS and ascertain if you're still in AP. Check back with them once a week until you are finished...
Good luck,
Alan

Welcome to VJ!
The question of whether or not to hire an attorney has been discussed many times and the answer is always the same "if you have a typical case and can read and follow directions then a lawyer is not necessary".
Having said that, you have some issues which we need to discuss:
1) Two felony convictions. Without knowing the nature of your convictions, it's difficult to offer advice. If your convictions are moral crimes or violent crimes then you may fall under the provisions of Adam Walsh Act filers - this can be a long and tedious journey, but some applicants have been sucessful. If your convictions were drug related (and there were only two of them), then you won't need a waiver under IMBRA law - so it depends on what your convictions were for.
2) Income under 125% of poverty level. Believe it or not, having income under 125% of the poverty guidelines will be more difficult to overcome than your prior felony convictions. A lawyer can not overcome this obstacle - instead you'll need a co-sponsor or assets to offset the shortage in income (generally 3:1 ratio of assets - so if you fall $3,000 short, you'll need $9,000 in assets).
I hope this helps in a general sense. If you can be more specific in what your circumstances are we can give better guidance as to whether or not an attorney is indicated in your case.
Good luck,
Alan

Greetings and welcome to VJ.
One of the things I love about this forum is that you'll get accurate information from people who will take the time to help you. This information is from people who have "been there, done that" and in my opinion is the best free advice you'll ever receive. You may not always like the answers to your questons, but you'll get honest good advice from people with no ulterior motives...
That being said, I want to tell you that your odds of having your waiver of NOT having met within the last years approved is nill. The one thing you see as a positive attribute to your waiver will actually harm you in the long run - the fact that your "fiancee" has been here in the USA before. The adjudicator will view the fact that your fiancee having been in the USA before as irrevalent and will basically conclude that if your fiancee was able to afford travel to the USA before for educatonal purposes, then he could therotically afford to return again to meet you in person or vice versa.
Waivers for hardship have an almost -0- chance of approval, even hardship waivers where the petitioner is disabled and can not physically tolerate the travel to meet his fiancee. You'll not find much in the way of sympathy from an adjudicator just because you present a "financial hardship", matter of fact I've never heard of a waiver being granted for this reason.
I'm not trying to dash your hopes, but just telling you honestly that your waiver stands no chance of success. Adjudicators at USCIS are not sympathetic to the financial or emotional plight of the petitioner or beneficiary, they just review the I-129F to ensure complete filing and the eligibility of the parties to file.
My advice would be to either borrow the necessary funds to meet in person and be able to prove it or wait until you're able to financially capable of such a huge undertaking. This is not an inexpensive process and you'll find that there are many costs (financial as well as emotionional) along the way.
I wish you the best of luck but you should prepare for the inevitible denial that will be coming from USCIS. I'm sorry.
Alan

Your fiancee will be required to obtain a single certificate from the Peruvian government prooving that she's legally able to marry and that all marriages have been terminated. The problem lies in the fact that the Peruvian government will not issue this certificate to your fiancee until her divorce is recognized by the Peruvian government.
This is sort of a catch-22 in the fact that the Consulate at the US Embassy will require the single certificate to issue a K-1 visa which meazns your fiancee will need to prove her divorce to the Peruvian government...
Good luck,
Alan

Yes, Yes and Yes. Be prepared because the Consular will most definitely ask you about the arrest. It's best to have any/all documents related to the arrest presnt with you at the interview (any court documents if any)...
As far as the overstay, you did not mention how long the overstay was. If under 179 days, you'll most likely be ok at the interview. 180 days or more represents a problem.
Alan

Fresh off the AP wire is that in light of the tragedy in Haiti, President Obama is granting illegal status Haitians immunity to stay in the USA. Obama's view was that it wouldn't be fair to send them back to Haiti because of the devestation that occured there.
I for one feel the deepest of sympathy for people of Haiti but REALLY???? Immunity from deportation because Haiti suffered an earthquake????
I personally feel like people from Haiti (and all over the world) are welcome to immigrate LEGALLY to the USA, but since when does an earthquake qualify somone basically for asylum in the USA?
There are natural disasters all over the world on a regular basis (ie: the tsunami which all but destroyed Indonasia several years ago) that are tragic in their occurance, but victims of THOSE disaters weren't afforded any special immigration status.
I'm waiting for my fiancee's visa to be LEGALLY processed (as we all are on this forum) and I'm just a little insulted by President Obams's actions.
Alan

LOL - Please don't take this inappropriately, but you're cute I tell Ry this whenever he makes me smile with his nutty sense of humour. And this is exactly the sort of thing he'd say.
I can only send you ((hugs)) and do a NOA2 dance for you. And tell you how your tough army persona is going to be brought to tears, or near as, when you see that change or heck, open your mailbox one day and find a letter sitting there coz they haven't updated your case online.
And out of respect, coz you're an awesome, supportive asset to VJ, I'm turning my sig off for this post!