LIFE'SJOURNEY

If any thing, I guess your fiance's security clearance actually HURT your case, not help your case.
Remember, your fiance is already a US citizen, he is not applying a visa to bring himself into the USA. The security concern for USCIS is mainly focused on you, the alien person. They have to make sure by issuing a visa to you, they are not bringing a terrorist or otherwise threat the security of this nation. So if your fiance has security clearance and works on sensitive government projects, they probably will scrutinize you much more closely to make sure you are not a potential spy trying to approach sensitive information through relationship with your fiance.
Just my 2 cents. Better keep your heads low when it comes to immigration.

Note all states don't honor prenups, but a Will will super succeed a prenup.
Both parties can make their wishes known in a Will.

Can I say this on VJ "BOLOGNE"... How does anyone know we've gone through the samething? do you know them? You read 3 or 4 written sentences and you know enough to give relationship advice? "BOLOGNE"
Ok, but it's insane to take any advise from anyone on the internet about relationships.. Immigration has rules and processes. Relationship is completely diferent and there are soo many things specific to a relationship that we can't possibly know unless we have a personal relationship with the poster and her family that offering advise is almost as ridiculous as taking advise from a complete stranger..
But good luck with that!!

I just gotta ask, doesn't your in-laws know when they were born?
The PCC needs to be included with the DS-230 package.

Sounds like he is more interested in a work visa than a study visa.

I spoke with my fiancee about this before she arrived in the U.S. I was concerned that her family members would be hitting her up for money too much, and I wasn't going to have that. We came up with a certain amount (less than half of what you mentioned) to send only to her mother per month and I expect her to honor that agreement, unless we become very wealthy at some time. And that is due to the fact that we also plan to establish a presence in Ghana and maintain a U.S. residence in the future as well.
If it takes a village to raise a child, then one person sure as hell should not be expected to support a village. The perception is that the streets in the U.S. are paved with gold and everybody is swimming in money. Too many Ghanaians believe this hype, probably due to television.

Very good question. But it very well may be too late to invoke VAWA since they've been separated for 6 years.

I hope you do have problems if you married a US citizen to come here so you could divorce her and marry that gal from your home country. In particular because of all the ####### we had to go through with constant accusations of fraud for even a valid marriage with threats of a $250,000 fine and five years in a federal prison.
In complete contradiction to the US Constitution, we were guilty of fraud until we proved ourselves innocent with great inconvenience and expense. And all this started in 1986 and augmented in 1988 because of fraud.
Yes, you can fly through US citizenship if you stay single, but will haunt you again during your petition stage, if this is the case, marrying a US citizen for strictly the purpose of coming here. I am not being the judge of that.

Well said.

It is not so much being Arab that is the problem, that just lengthens the process because of security checks.
The problem is coming from a third world country whose fellow visiting citizens have an issue with remembering to go home.
There are Egyptians who would have no trouble getting a visa, most will have great difficulty.
The application asks for details of relatives in the US and their status. If he has family members here without authorisation he would have greater difficulty. Probably a more common situation for Mexicans than Egyptians.

He has applied for asylum. Anybody can apply.
You can never say never about anything in immigration, but the chances of him getting asylum is close to zero.
A delaying tactic, as the process takes years.
His best bet is through marriage to a USC, even then with his priors it is going to be a very messy process.

The seemingly arrogant or insensitive posters can be irritating, surely. Some people need to edit twice (at least) and then post once. However, the following sorts of posters are dangerous with their advice and need to be slapped down, thoroughly and promptly:
-- Those who flatly post "You do not need a lawyer!" when they do not and cannot know the full scope or crucial details of another poster's situation -- whether this be objective immigration factors or someone's ability to read accurately, interpret literally, and answer completely & truthfully.
-- Those who sweepingly post "You do not need to include any of X, Y, or Z information about your relationship when you file your K-1 or CR-1 petition, because USCIS does not care!" when the third-world consulate down the road surely will care, whether this is clear to any of us here right now. USCIS passes what it receives to the consulate, and the COs can form their impressions (and sometimes make their decisions) on the basis of what's in the file, pre-visa interview.
-- Those who blithely post "You will have no problems traveling with the use of your Advance Parole!" when they can't know whether the user of the AP document has any background issue that could lead to detention or to denial of re-entry upon presentation at POE.
-- Those who speculate with "I think..." when what's needed is "This is what the rules/procedures actually say." Some of this speculation can be as worthy as firing your gun up into the air and hoping to hit a duck that's flying overhead right about then.
-- Those who post wildly inaccurate information and become offended when someone with the correct information contradicts the incorrect information. As a very wise, long-time VJ poster has observed, the issue of "offense" becomes irrelevant when the success or failure of an individual's immigration journey relies upon receiving accurate information on which to act.
-- In general, those who dismiss or downplay calls for a thorough, conservative, cautious, base-covering approach to the immigration process.
Si, man?

If you don't live in the US and can't prove you live in the US by methods such as (not an inclusive list) having a residence, filing US taxes, maintaining an active bank account, etc. then you are no longer a resident of the US and are not entitled to a green card. Frankly I am surprised you were allowed to enter using the green card after an absence of almost three years.
You can certainly apply for a re-entry permit but I doubt it will be approved given you just had one for two years and exceed it by a almost a year. Most likely it will be determined you are no longer a resident and your green card will be taken away.

Florida is served by the 11th Circuit Court of Appeals. The courts which have so far weighed in are the 5th, 6th, 7th, 9th, and 10th. The 11th Circuit Court has not yet been confronted with a recent case involving a VWP overstay since the 9th Circuit Court issued their decision in Momeni v. Chertoff, so they haven't taken a position on it yet. Frankly, I don't know what the USCIS field offices in Florida are currently doing with VWP overstays who try to adjust status. That's why I suggested you talk to your attorney. He's got "boots on the ground", so to speak, and probably networks with other immigration lawyers in the area. If anyone knows what's happening at the USCIS field offices there it would be a local immigration attorney.
This has already been said, but it's important you and others reading this thread understand the distinction is for VWP entrants who overstay and then try to adjust status. VWP entrants who attempt to adjust status before their 90 days authorized stay has expired are being treated, for the most part, just like any other AOS applicant. The major exception is that if they are denied then they cannot appeal the decision. The "no contest" clause they agreed to makes any review or appeal of the decision impossible.
The "no contest" clause is exactly why VWP entrants who overstay are having so much trouble. Without the possibility for review or appeal, the entire removal process, between the immigration officer's order and the final deportation, is eliminated. If an immigration officer snaps his fingers then you're deported - end of story. The way that the immigration law is written, an application for adjustment of status while the applicant is out of status constitutes a request for a stay of removal. USCIS has determined that a VWP overstay cannot legally make this request because they have no opportunity for review or appeal. So far, 5 circuit courts of appeal have agreed with them.
So here is your situation... If you leave now you will receive a 3 year ban. If you attempt to adjust status and are denied then you will be ordered removed. Depending on the nature of the order, this will come with either a 5 year or 10 year ban. If you wait until you've overstayed for a year and then leave you'll receive a 10 year ban. Unless you plan on sitting out the ban, there's really not much to lose by submitting your AOS application and taking your chances. Yes, if it's denied then you'd need an I-601 waiver to overcome the overstay ban and an I-212 waiver to overcome the deportation ban, but the level of proof required for hardship to your US citizen sponsor is the same for both waivers. You only need to prove the hardship once and both waivers would be approved.

In print, not a vocal response. The denial letter was sent to you via a written response, not one but two.
Sam I AM, your petition had red flags right from the beginning, I remember when you first came on VJ, you and your wife need to sit down and completely review everything that was given to USCIS or the consular by you'll or your lawyer.
That would be a good start.....

Again, once she turns 18 she is culpable for her illegal presence, it's as simple as that. By remaining in the US he effectively assumed responsibility for her VWP overstay from that point on. She had the option of returning to Germany within 180 days of her 18th birthday without incurring a ban but she chose to remain.
So no, she's not held accountable for her overstay while a minor.
But Yes, she held accountable for her overstay as an adult.
Ignorance of the Law doesn't excuse breaking it.

The petition has an expiration date 4 months from when it was approved. You have until that time to make an interview OR request an extension. There would be no reason for them to send the petition back before the expiration date of the approved petition (the date is on your NOA2) UNLESS you ar she indicate you are not going through with it. Otherwise it should just be held waiting for you.
I want you to be clear about one thing because I am confused.
DID SHE GO TO THE INTERVIEW OR NOT?
WHO told her she needed vaccines?
Be aware that EVERYTHING in this process in done in writing and DOCUMENTED. DOCUMENTED! That means IF she needs vaccines for the visa she would be given a paper telling her that. If the consulate denies her visa for lack of vaccines, they give a paper telling her that. NOTHING, repeat NOTHING is EVER done or determined by a clerk at the medical clinic. Nothing. Ever.
ALWAYS go to scheduled interviews NO MATTER WHAT! If there is something missing let THEM tell you on an official document IN WRITING.
I am trying to be reasonable about this, but it is a VERY common scam technique to go through with the petition and then at the interview flake out for some reason. You woul dbe number 2 this month in this forum.

The ability for an immediate relative of a US citizen to adjust status while in the US, and without getting an immigrant visa, is an exception in the immigration law. There are a myriad of reasons for providing this exception, but USCIS policy has always been clear that it's not intended to be an alternative to the immigrant visa process. Department of State has a statutory role to play in immigration, and this approach completely removes them from the loop.
The intention of the exception was to provide a way for someone to adjust status when otherwise forcing them to apply for an immigrant visa was pointlessly bureaucratic. For example, it would be a little silly if someone was in the US on a two year student visa, and USCIS forced them to return to their home country to interview for a spousal visa. Department of state has already screened them for admission, so there's no sense sending them back for another visa interview.
It's always been the position of USCIS that using a visitor's visa to intentionally circumvent the immigrant visa process was an abuse of this exception. Prior to some precedent BIA cases, USCIS (then INS) would routinely deny AOS if they suspected preconceived intent. Those BIA cases established that the preconceived intent, on it's own, was not serious enough to warrant denying the AOS.
It's also always been the position of USCIS that using the VWP to intentionally circumvent the immigrant visa process was a more serious and flagrant abuse of this exception. Someone who enters using the VWP skips the visa process entirely. The VWP specifically disallows the alien visitor to adjust status, but the exception for an immediate relative still exists.
As far as conjecture about new policies being put into practice at USCIS field offices, have a look at this immigration attorney's blog in San Diego:
http://www.visalawyerblog.com/2010/08/visa_waiver_overstay_and_marri.html
According to him, he saw the memo sent to the IO's at the San Diego office. It said:
To all Adjudicators effective immediately, any immigrants that have entered to the US under the Visa Waiver program and failed to file for adjustment of Status before the expiration of the 90 days authorized stay, MUST BE denied at the time of the interview.
There is ample evidence this is going on in other districts, as well. Whether we agree with it or not is irrelevant. There is a real risk to adjusting status based on marriage after a VWP entry. Whether someone's decision to marry was spontaneous or not, it's hard to make the argument that it's needlessly bureaucratic to ask someone to apply for an immigrant visa when that person has never actually applied for a visa of any kind before. Rubber stamping AOS applications for VWP entrants would also be grossly unfair to the US citizens who have a spouse or fiancee from a country that is not included in the VWP program.

Can not whoever did the I 134 do the I 864?

Well sorry but it is probably for the best of everyone and your relationship. The minimum poverty guidelines for sponsorship are really not that great so if you really don't have that income level, you would just struggle with finances along with the struggles of a person moving to a new country.
Best bet might be to withdraw the petition and for you to get a new job or an additional job and make sure you ahve this very important part of the immigration process all nailed down before you do another petition. In the end it will be a good move for everyone.

Your question indicates you need to again carefully study the I-130 instructions. No birth certificate for either Petitioner or Beneficiary is needed at this stage if the US Citizen is Naturalized. Send either a copy of the Naturalization certificate OR all pages of the US passport as evidence of citizenship.

I could be wrong, but I thought that the whole reason that you had to have a sponsor or cosponsor at the K-1 level is so you don't attempt to get on benefits as soon as you arrive in the country....

I am reasonably sure you will have to file a waiver before you'd be allowed back into the US because of your overstay. Waivers can take anywhere up to a year to process and cost $545.00.
I *think* because you are banned from entering the US, he will have to come to Canada if y'all decide to get married, unless you wait out that 3 years.
Sorry, I'm not that much of a help, I'm sure someone more knowledgeable will come along to advise you.
Good luck!

Please tell me why we here in tthe US would care what a British official has to say about our policies and procedure in the visa process.

Please tell me why we here in tthe US would care what a British official has to say about our policies and procedure in the visa process.