JimVaPhuong

The online status is generally not reliable, but it usually doesn't revert to "Initial Review" after a petition has been approved. If it moves backwards then it's usually to "Post Decision Activity".
Someone with an approved I-360 does not require an affidavit of support, but they are still subject to the public charge determination. They'll take into account stuff like your age, health, education, job skills, etc.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD


When NOT to Submit an Affidavit of Support
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An individual who has an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a Self-Petitioning Widow or Widower
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If the I-130 had been approved on the date of the petitioner's death then it must be treated as an approved I-360. If the I-130 has not been approved on the date of the petitioner's death then it's treated as a properly filed I-360, and adjudicated on that basis.
Note that in order to be eligible you must have been married at least two years, you must not have been legally separated at the time of the petitioner's death, and you must not have remarried. If you self-petition by filing your own I-360 then you must submit the petition within two years of the US citizen spouse's death.
Since you didn't receive a notice of the I-130 being approved then you can probably assume that it hasn't been, so the I-130 is going to be adjudicated as if it were a pending I-360.

There is no reason to try to salvage this marriage. Your husband is a "player". Ditch him.
You haven't done anything at this point that would result in you being banned from the US. As long as you're still married to your husband, then your conditional green card is still valid. If you are divorced by the time your conditional green card expires, then you can file to remove conditions and get an unconditional green card on your own - you won't need your ex-husbands cooperation. However, once you get the divorce you should file to remove conditions immediately - don't wait for the conditional green card to expire. Understand that the divorce has to be final - you need the divorce decree in order to file on your own.
You do NOT have to remain with your husband. Your legal status is not dependent on your living with him. As long as you're still married, your green card remains valid. USCIS will not take any steps to revoke your status while you are still married, even if you are separated or have a divorce pending. Once the divorce is final then USCIS may take steps to revoke your status, which is why you should file immediately after the divorce.
If you move, be sure to notify USCIS of your new address. I recommend you don't leave the US until your divorce is final and your conditions are lifted, though. If your husband files any report or claim with USCIS while you're gone, it could put your legal status in temporary limbo, and you could have problems getting back into the country.
Minor point, but "fight for your right" is a bad choice of words. Immigration is not a "right" you can fight for. It is a privilege you request from the US government. From what you describe, it doesn't sound like you've done anything that would result in you not deserving this privilege. Collect your evidence of good faith marriage, file for a divorce, and move on with your life.

Revenge is ALWAYS bad advice in a divorce. Nobody is immune to retaliation. Seeking revenge only escalates the fight, and often comes back to bite you. My ex-wife's attorney tried this tactic with me, but she didn't know the "dirt" I had on my ex-wife. I told my ex-wife she'd win the fight if she continued, but she'd leave the court in hand cuffs. She fired her attorney, and we had an amicable settlement.
Apparently, you don't fully understand community property laws. The only thing that is "half hers" are assets that were acquired AFTER they became married. Anything he owned separately before the marriage is still his separate property. You don't automatically assume half of someone's assets when you marry them.

If the I-130 had been approved on the date of the petitioner's death then it must be treated as an approved I-360. If the I-130 has not been approved on the date of the petitioner's death then it's treated as a properly filed I-360, and adjudicated on that basis.
Note that in order to be eligible you must have been married at least two years, you must not have been legally separated at the time of the petitioner's death, and you must not have remarried. If you self-petition by filing your own I-360 then you must submit the petition within two years of the US citizen spouse's death.
Since you didn't receive a notice of the I-130 being approved then you can probably assume that it hasn't been, so the I-130 is going to be adjudicated as if it were a pending I-360.

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

I don't think anyone was implying that divorce is easy and painless. The advice to "divorce and move on" is in regard to whether or not he should pursue an accusation of fraud with USCIS. It's usually pointless to contact USCIS or ICE without concrete proof of fraud. It doesn't sound like he's got that proof. That makes this pretty much like any other garden variety marriage in America that falls apart because one spouse is no longer in love and has become unfaithful.
No doubt that divorce is a long and painful road, but it's a road he must travel if he's ever going to get his life back in order, and it begins with the first step - filing for the divorce.

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

How is it that they happened to find these two pieces of fake ID in your wallet? Did the immigration officer ask you for these documents, or did they find them in secondary inspection after searching you?
If they found the documents in secondary inspection after searching you then you're probably ok, as long as there's no record of you having ever presented these to an immigration officer representing that they were genuine documents. If you actually tried to use them as identification with any immigration officer then it could be considered to be a false claim of US citizenship. That would result in a lifetime bar from the US.

Here's the deal. Preconceived intent is not allowed. Adjustment of status for an immediate relative of a US citizen is an exception rather than simply an alternative to the normal immigrant visa process. However, there have been several cases, the most significant more than two decades ago, that established that while preconceived intent is a serious negative factor, it's not sufficient on it's own to justify denial of AOS. It doesn't matter if the preconceived intent actually existed in the minds of the immigrants - USCIS can't read people's minds - it matters what evidence they have that the intent existed. But again, if preconceived intent is all they've got against them then they won't use that as a basis to deny AOS.
So, when they find evidence of preconceived intent then they look for an indication that the immigrant may have misrepresented their intent to an immigration officer at some point - during the visa interview, or at the port of entry, usually. Any statement, even if it's a canned statement on a CBP processing form, that states they do not intend to immigrate can be determined to be an intentional misrepresentation if they find evidence to the contrary.
You need to microanalyze everything that happened at the port of entry. Did they bring the documents needed for AOS with them? Is it known or is it possible that CBP or TSA found those documents? Did they sign any form or make any statement that they did not intend to immigrate, and were only coming to visit? If they were jacked around at the port of entry then it's possible they were given a statement to sign, and that statement may have included an affirmation that they do not intend to immigrate.
Unless you're absolutely certain that they don't have the two pieces of the puzzle - evidence of preconceived intent, and a statement to the contrary - then you're taking a risk by attempting to adjust their status.

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

Kathryn is correct - the grounds for annulment certainly could affect the "good faith" claim required for the waiver. I was presuming that the OP's father-in-law was recommending an annulment for religious reasons (since he mentioned it in his post), and presumed the grounds would either be that the marriage was not consummated, or the "health issues" of his wife that he mentioned in his post. Neither of these would affect his "good faith" in entering the marriage.
rika is also correct - I was stating that, for the purposes of the I-751, there is no difference between divorce and annulment.

A similar case was reported at a hospital in Toronto. In a follow-up study they determined that about 50% of recently vaccinated patients gave a false positive when tested for surface antigens. Examination in their microbiology lab revealed that all patients with a positive surface antigen test converted to negative within two weeks.
A modern hepatitis B test may include surface antigens (a sign of recent infection), surface antibodies (a sign of the body recently fighting off an infection), e-antigens (a sign of active virus infection), and HBV DNA (a sign that genetic material from the virus is present). The presence of surface antigens and/or e-antigens indicate an active infection.
Your fiance's hospital may have been testing only for HBV antibodies. Testing only for HBV antibodies wouldn't be of much use in determining an active infection. Anyone with prior exposure or a vaccination would give a false positive.

You weren't prepared. That's easy enough to see. Either you had some help getting this far (an immigration lawyer, perhaps?) or there are some major gaps in your knowledge of the process.
You knew you'd need to submit an affidavit of support, which you did. Apparently, you also knew something about the income requirements, and knew your affidavit wasn't sufficient because, at one point, you had a joint sponsor lined up. What confuses me is why you thought you'd be approved if you knew you needed a joint sponsor? Not having a sufficiently qualified sponsor is usually a dead stop at any consulate.
Also, only 30 pictures? At Lagos?
Did you know before the interview that Lagos is, arguably, the toughest consulate in the world to get a visa from?
Like I said, you weren't prepared. Your petition will probably be sent back to USCIS. You can wait and see what USCIS does with it, or you can get married and file a CR1 petition. Whatever route you take, you've got some time to prepare. Spend some time here and study the process, and especially spend some time in the Africa: Sub-Saharan regional forum.
I can't comment on the "form to appeal". I'm guessing this probably just a standard "here are some of your options" type of forms. I've never heard of a "form to appeal" a denied visa.

The inconsistent answers to the questions about her kids is not the reason you are in this mess. They conducted a Stokes interview, which means they had serious doubts before those questions were asked. They didn't view any of the evidence you brought, so there is NO WAY that this suspicion arose at the interview. They had strong suspicions before the interview ever began.
I strongly suspect that her first husband is the reason for this. You said he got his citizenship through her. He also has custody of her kids. Fathers don't usually get sole custody of the kids in the US unless the mother is found unfit, or she simply has no emotional connection with the kids. If there are any other unusual circumstances with the first marriage, like if they divorced before he got his 10 year green card or if there was a VAWA claim involved, then that would only compound their suspicion.
They focused their questions on the kids because they want to know how a woman could live with her new husband for more than a year without having regular contact with her children, and without her new husband also having regular contact with them. This situation makes it look like she had no emotional investment in her previous marriage, and therefore no emotional attachment to the children produced from that marriage. In other words, they suspect that first marriage was a sham to help her first husband get a green card, and now she's interviewing to help her second husband get a green card. 2 + 2 = ???
Your attorney has failed you miserably. When she learned about the circumstances of the first marriage, and the fact that immigration was also involved in that marriage, she should have asked a million questions and collected as much information as possible about that marriage, the immigration benefits involved, and the circumstances surrounding the divorce. She should have also known that a second marriage to an immigrant would be scrutinized by USCIS, and she should have prepared both of you for the very real possibility of a Stokes interview.
You need a new attorney. This time, you need to grill the attorney about their experience and track record with similar cases before you write a check. Do a little basic research into the law, as it relates to your case, and you'll be better equipped to ask questions that will help you determine if your attorney knows what they are doing. A good attorney will be expensive, but it will mean the difference between success or deportation.

This is misleading. The I-864 is not the same thing as a court order for spousal support. The I-864 is a contract between the sponsor and the US government. On it's own, the I-864 can only be used by the US government to collect reimbursement for any means tested benefits the beneficiary receives. She could try to get a court order for support, using the I-864 as the basis for determining the amount of support. This has been done before, but it's not always successful. Many state courts, which are responsible for adjudicating spousal support resulting from a divorce, will not put themselves in the position of enforcing a contract between the federal government and the sponsor. The federal government will usually not get involved unless the beneficiary receives means tested benefits. Many beneficiaries who've tried to use the I-864 to sue for support have been denied. The courts have found that they have no legal grounds to ask the court to enforce a contract which they, the beneficiary, are not a party to.
To give a parallel example, let's say I purchased a car for someone, and I financed the car through a local bank. If I stopped making payments on that car, the person whom I purchased the car for could not sue me using the loan agreement as the grounds for the law suit, because the loan agreement is a contract between me and the bank. The person I bought the car for was not a party to the contract, even though they benefit from it.
While it's true that the I-864 obligates the sponsor to support the beneficiary, the promise was made to the US government - not the beneficiary. This makes it difficult for the beneficiary to attempt to seek enforcement of the I-864. Remember that the purpose of this contract is to protect the US taxpayers from having to support the beneficiary, and not necessarily to provide a guaranteed income for the beneficiary.

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

Well, not exactly.
If USCIS finds out about your divorce then they are compelled to take action to terminate your legal residency. The "condition" of your conditional residency is that you remain married for two years. Strictly speaking, you are no longer eligible to be a conditional resident after the divorce. What they would probably do is send you a notice of intent indicating that they are going to start removal proceedings.
You can avoid this by filing the I-751 as soon as you have the final divorce decree. Once you are divorced, you don't have to wait until the 90 day window before your conditional green card expires - you can (and should) file immediately.

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

Was your Guam divorce granted before 2006? If so then it's legal.
There has never been a true residency requirement for a divorce in Guam. Prior to 2006, neither party had be present in Guam for any period of time in order to obtain an uncontested divorce. Since 2006 there has been a requirement that one party be present in Guam for 90 days for a regular divorce, or at least 7 days for an uncontested divorce.
If your divorce was granted before 2006 then you should hire an attorney to research Guam divorce law, and write up a summary of the law explaining why your divorce is lawful. The attorney can send the response to USCIS.
You have to make a LEGAL argument with USCIS that your divorce is valid. Unless you think you're skilled enough to make this argument yourself then you should have a lawyer do it for you.

An alien must be in the US in order to file for adjustment of status. Until they arrive in the US they have no status to adjust. The only thing that can be filed while the alien is abroad is an immigrant visa petition.