JimVaPhuong

You generally only get the fees refunded if they reject your application during initial screening. They accepted your application (which they probably should not have done), so your application was considered "filed", and they keep the fees.
Your case was bungled by the interviewing officer, and that caused a snowball effect. When she saw the dates she should have immediately denied your application, and allowed you to submit another. Instead, she tried to juggle your application and shoe horn it through the system. The other USCIS employees who handled your application probably had no idea what to do with it, as there are no provisions for routinely handling something like this. Bureaucracies don't deal well with non-conformity. Some supervisor probably saw your application still pending in the system and decided to have a look at it. "Why is this thing still here? This should have been denied a long time ago!".
Seriously, the amount they're quoting you for an appeal is only slightly less than the total cost of filing a new application. As I said before, there is practically no chance you'll win an appeal of THAT application. You can't overcome the fact that it was filed too early unless you have a Delorean, a flux capacitor, and some plutonium. Just file again and end the stress.

Would the changes have anything to do with a breakup in your relationship? Of so, then that would only add a little delay to the process. You'd be eligible in 5 years instead of 3.
I've given you my opinion on the appeal. It will be time consuming. If you get an attorney (which is usually recommended when filing an appeal of a USCIS decision) then it will also be costly. In the end, you'll almost certainly lose. In addition, you'll leave a lot of people at USCIS scratching their heads and trying to figure why anyone would vigorously fight against something so seemingly insignificant as a denial for early filing, rather than simply filing again. The only justification I can see for even attempting to fight this is if you are no longer eligible. In that case, we're going to need more details about the "changes" in your life before we can offer useful advice.

VJ is primarily focused on family immigration. There isn't a dedicated forum for obtaining work visas.
I don't know a heckuva lot about work visas, but I would think it's going to be pretty difficult to get a work visa for a domestic worker. There are literally millions of such workers already in the US. A B1 can used for domestic help, but only if they are accompanying a foreign national employee; i.e., some executive of a foreign company is coming to work in the US for a few months, and wants to bring his nanny or housekeeper with him. I doubt a domestic worker would qualify for any sort of immigrant work visa.

As payxibka alluded to previously, this is no longer true. USCIS used to routinely deny an I-751 filed with a divorce waiver request if a copy of the divorce decree was not included. They changed that policy last year. Now they will send an RFE for the divorce decree at the time the I-751 is adjudicated, which is likely to be several months after it is sent. If a copy of the divorce decree can be submitted in response to the RFE then they'll continue processing the I-751. Otherwise, they'll begin removal proceedings. When it gets to the point of a hearing with an immigration judge you can ask for the proceedings to be postponed until the divorce can be settled.
So, while it's true that they won't approve the I-751 without a copy of the divorce decree, you should still file before the conditional green card has expired. This will protect your status and give you a little more time to get the divorce finalized.

The general rule is that divorce terminates conditional residency. If USCIS discovers the divorce, they are compelled to take steps to terminate the conditional residency, which means starting removal proceedings. Self-petitioning based on good faith marriage is a request for a waiver of this rule. Given the circumstances in this case, he is going to have a difficult time proving good faith marriage with USCIS, yet he will be forced to try to do so if he wants to avoid deportation.
If I were an attorney (and I'm not), one of the arguments I would make against having a family court attempt to enforce the affidavit of support is that his future status as an LPR is far from guaranteed. Until it's established that he will be allowed to stay in the US, there's little point in enforcing the support clause. There is very little risk he'll become a public charge before his future status has been determined.

The general rule is that divorce terminates conditional residency. If USCIS discovers the divorce, they are compelled to take steps to terminate the conditional residency, which means starting removal proceedings. Self-petitioning based on good faith marriage is a request for a waiver of this rule. Given the circumstances in this case, he is going to have a difficult time proving good faith marriage with USCIS, yet he will be forced to try to do so if he wants to avoid deportation.
If I were an attorney (and I'm not), one of the arguments I would make against having a family court attempt to enforce the affidavit of support is that his future status as an LPR is far from guaranteed. Until it's established that he will be allowed to stay in the US, there's little point in enforcing the support clause. There is very little risk he'll become a public charge before his future status has been determined.

Ok, this is not an attempt to be judgmental, but just an attempt to summarize the situation and options based on the facts you've presented.
Your friend and his wife both made some mistakes. She didn't understand traditional Muslim men, and he didn't understand American women. There is very little chance he's going to learn to accept her habits, and very little chance she's going to drop those habits and become a good Muslima. This isn't just a minor misunderstanding, but a huge barrier in their relationship. Your friend and his wife should probably accept that there is no future in this relationship and end it.
They should be able to obtain a divorce in the state where they reside. There are usually minimum residency requirements. I believe the minimum residency in California is 1 year.
He can't adjust status and become an LPR without her sponsorship. The only way this could be done is if she had abused him, and he had substantial evidence of this. Her drinking and committing other acts of fitnah would not qualify as abuse under US immigration law. Neither would her disparaging remarks about Islam.
They could decide to remain married long enough to complete the AOS and then divorce. He'll have to apply to remove conditions before his green card expires, and he'll have to show evidence that he entered the marriage in good faith. If I were advising his wife, I'd tell her not to do it. Why would anybody sign an affidavit of support for somebody if they knew the marriage wasn't going to last?
There have been a couple of cases where K visa holders have successfully adjusted status after a divorce, but they involved immigrants who had divorced after filing jointly with their spouses, and required long and costly court battles to fight deportation. They also involved the 9th Circuit Court of Appeals, which has a track record for judicial activism, and whose decisions are overthrown more than any other federal appeals court. I don't know of any case where someone divorced prior to filing for AOS and successfully managed to adjust status other than through VAWA (abuse).
Since he entered on a K3, he cannot adjust status based on a marriage to anyone other than the petitioner. He also cannot change to any other non-immigrant status. If he divorces and remarries then he should return to Egypt and wait out a spousal visa. Next time, he should apply for a CR1 instead of a K3 so he won't have to deal with the AOS. Expect the consulate to scrutinize the next visa application very closely.

Simply claiming to be a US citizen won't be sufficient to evade the law. There is no provision in the law for the law enforcement officer to make a determination about your lawful presence using his own judgment. He is compelled to confirm your lawful presence with federal authorities. If you aren't carrying any identification then the first step is going to be an attempt to confirm your identity.
The law previously required the officer to have "lawful contact", in addition to reasonable suspicion that you might not have lawful presence, before they were compelled to verify your lawful presence. Theoretically, this could mean interviewing you as a witness at the scene of a crime. There was great fear that this would mean illegal aliens would no longer cooperate with investigations. The law was revised to now require a "lawful stop", which means the officer now must have probable cause to believe you were involved in an infraction or crime. With probable cause, they can hold you as long as necessary to try to confirm your identity.
I don't see this as any more of a "trap" than perjury would be; i.e., your only chance of avoiding punishment for a crime is to lie about having committed it. The crime of illegal entry has already been committed. Claiming to be US citizen in order to avoid being prosecuted for the illegal entry is a willful act, just as perjury is a willful act. The illegal alien could easily avoid the additional penalty by simply NOT claiming to be a US citizen, and telling the truth. I also don't think this was intentionally crafted into the Arizona law. Illegal entry and falsely claiming to be a US citizen for the purpose of evading immigration law are already federal crimes, and there are thousands of aliens who have been banned from the US for having committed both. The Arizona law only makes it possible for a state or local law enforcement officer to make the initial arrest, rather than CBP or ICE.
Personally, I would not consider leaving my house without carrying some form of valid identification. I realize it's not required except under certain circumstances, such as driving my car. However, I don't relish the idea of sitting in a squad car for 20 minutes while a police officer tries to determine who I am so that he can write me a ticket for jaywalking or smoking a cigarette in the wrong place.

Simply claiming to be a US citizen won't be sufficient to evade the law. There is no provision in the law for the law enforcement officer to make a determination about your lawful presence using his own judgment. He is compelled to confirm your lawful presence with federal authorities. If you aren't carrying any identification then the first step is going to be an attempt to confirm your identity.
The law previously required the officer to have "lawful contact", in addition to reasonable suspicion that you might not have lawful presence, before they were compelled to verify your lawful presence. Theoretically, this could mean interviewing you as a witness at the scene of a crime. There was great fear that this would mean illegal aliens would no longer cooperate with investigations. The law was revised to now require a "lawful stop", which means the officer now must have probable cause to believe you were involved in an infraction or crime. With probable cause, they can hold you as long as necessary to try to confirm your identity.
I don't see this as any more of a "trap" than perjury would be; i.e., your only chance of avoiding punishment for a crime is to lie about having committed it. The crime of illegal entry has already been committed. Claiming to be US citizen in order to avoid being prosecuted for the illegal entry is a willful act, just as perjury is a willful act. The illegal alien could easily avoid the additional penalty by simply NOT claiming to be a US citizen, and telling the truth. I also don't think this was intentionally crafted into the Arizona law. Illegal entry and falsely claiming to be a US citizen for the purpose of evading immigration law are already federal crimes, and there are thousands of aliens who have been banned from the US for having committed both. The Arizona law only makes it possible for a state or local law enforcement officer to make the initial arrest, rather than CBP or ICE.
Personally, I would not consider leaving my house without carrying some form of valid identification. I realize it's not required except under certain circumstances, such as driving my car. However, I don't relish the idea of sitting in a squad car for 20 minutes while a police officer tries to determine who I am so that he can write me a ticket for jaywalking or smoking a cigarette in the wrong place.

Yes, they could make you pay support to an abusive man. There is nothing in the I-864 contract that gives you an "out" just because your husband is abusive.
You can get out of the affidavit of support if he loses his legal status and leaves the US. They will not make you pay support unless he is an LPR.
If your attorney isn't up to this, then hire an attorney who is. The affidavit of support is an immigration matter that should be decided in a civil or federal court, and not in a family court. Also, you have strong grounds to ask that any decision of the affidavit of support be postponed until his immigration case has been decided. Before they determine that the affidavit should be enforced, they need to decide that he will be eligible to ask for it to be enforced. That won't be established until his immigration case has been decided. You really need a lawyer who understands immigration AND family law.

Yes, they could make you pay support to an abusive man. There is nothing in the I-864 contract that gives you an "out" just because your husband is abusive.
You can get out of the affidavit of support if he loses his legal status and leaves the US. They will not make you pay support unless he is an LPR.
If your attorney isn't up to this, then hire an attorney who is. The affidavit of support is an immigration matter that should be decided in a civil or federal court, and not in a family court. Also, you have strong grounds to ask that any decision of the affidavit of support be postponed until his immigration case has been decided. Before they determine that the affidavit should be enforced, they need to decide that he will be eligible to ask for it to be enforced. That won't be established until his immigration case has been decided. You really need a lawyer who understands immigration AND family law.

Yes, they could make you pay support to an abusive man. There is nothing in the I-864 contract that gives you an "out" just because your husband is abusive.
You can get out of the affidavit of support if he loses his legal status and leaves the US. They will not make you pay support unless he is an LPR.
If your attorney isn't up to this, then hire an attorney who is. The affidavit of support is an immigration matter that should be decided in a civil or federal court, and not in a family court. Also, you have strong grounds to ask that any decision of the affidavit of support be postponed until his immigration case has been decided. Before they determine that the affidavit should be enforced, they need to decide that he will be eligible to ask for it to be enforced. That won't be established until his immigration case has been decided. You really need a lawyer who understands immigration AND family law.

Yes, they could make you pay support to an abusive man. There is nothing in the I-864 contract that gives you an "out" just because your husband is abusive.
You can get out of the affidavit of support if he loses his legal status and leaves the US. They will not make you pay support unless he is an LPR.
If your attorney isn't up to this, then hire an attorney who is. The affidavit of support is an immigration matter that should be decided in a civil or federal court, and not in a family court. Also, you have strong grounds to ask that any decision of the affidavit of support be postponed until his immigration case has been decided. Before they determine that the affidavit should be enforced, they need to decide that he will be eligible to ask for it to be enforced. That won't be established until his immigration case has been decided. You really need a lawyer who understands immigration AND family law.

Most single adults will start looking for a mate at some point - even young, beautiful Asian girls. Everyone has their short list of priorities when shopping for a spouse, and everyone is going to have some different items on that list, but there are some things that are common within a culture. For many Asian women, having a husband who is physically attractive is a nice bonus, but doesn't even rate in the top 10 requirements for a happy marriage. They want a husband who is stable, who will treat her kindly, who can provide for her and the family, who cares about her needs, and who will give her children. Basically, they want a happy and comfortable home. This is the culture they are raised in.
There's no doubt that many of these girls look for a mate from a western country for economic reasons. They may be able to find local guys who meet most of their criteria, and are even very good looking, but will never be able to provide them a comfortable living. This is the reality of living in a 3rd world country. If being financially stable and having a comfortable life for themselves and their family is high on their priority list, then they don't have much choice but to look beyond their borders for a spouse.
Women in America do the same thing. They also have a list of things they are looking for in a spouse, but they look for different things than Asian women. American women tend to focus more on what will make them happy personally, while Asian women focus more on a happy home and family. This reflects the difference in cultures between Asia and the US. American women are more concerned with physical attractiveness, and whether their life with their husband is going to be fun. This is the culture American women are raised in - they want to be a "Princess Barbie".
Obviously, I'm generalizing based on observation. Most women, whether Asian or American, tame their expectations with a dose of reality. They aren't going to get everything they dream of, so they just try to get as much as they can.
I think that this really only becomes a problem when the Asian woman is not serious about a relationship with her American spouse, but views him more as a stepping stone to achieve the financial level she could not achieve in her home country. Maybe she's already found a local guy who meets all of her requirements, except that he'll never be able to find a decent job in their home country. Maybe she plans to dump the fat old American at the first opportunity, and then help her real beau come to the US. It's a common scam, and the consulates watch out for it. Americans looking for an Asian wife also need to look out for it. There are plenty of girls who are seriously looking for a long-term husband, but there are also plenty of gold diggers.
I was never too worried about getting scammed in this way. My wife is in her mid 40's and I'm in my early 50's. She never shopped online for a husband, and had resigned herself to living the rest of her life as a single divorcee. Middle aged divorced women don't have a lot of prospects in her country. Both of us are average looking for our age, so there was no "young Asian babe" factor. We were introduced by her uncle, who was a friend of mine for years before he introduced us. When we first met face-to-face I could tell she was mentally going through her checklist to see if I met her requirements. In our conversations, it became clear to me that she would have readily called it off if I had any of the personality traits that would make me an undesirable husband. We spent a lot of time with her family, and they were also sizing me up, and asking a lot of questions. I have no doubt that improving her financial situation for herself and her family was high up on her list of priorities, but she wasn't willing to compromise on her other requirements. For this reason, I was convinced that she was looking for a husband and not simply a ticket to America.

Most single adults will start looking for a mate at some point - even young, beautiful Asian girls. Everyone has their short list of priorities when shopping for a spouse, and everyone is going to have some different items on that list, but there are some things that are common within a culture. For many Asian women, having a husband who is physically attractive is a nice bonus, but doesn't even rate in the top 10 requirements for a happy marriage. They want a husband who is stable, who will treat her kindly, who can provide for her and the family, who cares about her needs, and who will give her children. Basically, they want a happy and comfortable home. This is the culture they are raised in.
There's no doubt that many of these girls look for a mate from a western country for economic reasons. They may be able to find local guys who meet most of their criteria, and are even very good looking, but will never be able to provide them a comfortable living. This is the reality of living in a 3rd world country. If being financially stable and having a comfortable life for themselves and their family is high on their priority list, then they don't have much choice but to look beyond their borders for a spouse.
Women in America do the same thing. They also have a list of things they are looking for in a spouse, but they look for different things than Asian women. American women tend to focus more on what will make them happy personally, while Asian women focus more on a happy home and family. This reflects the difference in cultures between Asia and the US. American women are more concerned with physical attractiveness, and whether their life with their husband is going to be fun. This is the culture American women are raised in - they want to be a "Princess Barbie".
Obviously, I'm generalizing based on observation. Most women, whether Asian or American, tame their expectations with a dose of reality. They aren't going to get everything they dream of, so they just try to get as much as they can.
I think that this really only becomes a problem when the Asian woman is not serious about a relationship with her American spouse, but views him more as a stepping stone to achieve the financial level she could not achieve in her home country. Maybe she's already found a local guy who meets all of her requirements, except that he'll never be able to find a decent job in their home country. Maybe she plans to dump the fat old American at the first opportunity, and then help her real beau come to the US. It's a common scam, and the consulates watch out for it. Americans looking for an Asian wife also need to look out for it. There are plenty of girls who are seriously looking for a long-term husband, but there are also plenty of gold diggers.
I was never too worried about getting scammed in this way. My wife is in her mid 40's and I'm in my early 50's. She never shopped online for a husband, and had resigned herself to living the rest of her life as a single divorcee. Middle aged divorced women don't have a lot of prospects in her country. Both of us are average looking for our age, so there was no "young Asian babe" factor. We were introduced by her uncle, who was a friend of mine for years before he introduced us. When we first met face-to-face I could tell she was mentally going through her checklist to see if I met her requirements. In our conversations, it became clear to me that she would have readily called it off if I had any of the personality traits that would make me an undesirable husband. We spent a lot of time with her family, and they were also sizing me up, and asking a lot of questions. I have no doubt that improving her financial situation for herself and her family was high up on her list of priorities, but she wasn't willing to compromise on her other requirements. For this reason, I was convinced that she was looking for a husband and not simply a ticket to America.

Oh, FFS! Let's see if we can't pigeon hole everyone!
There's a racist in your group? Great! You're all a bunch of racists and we can ignore you! Got a couple of "birthers" in that group? Good! We can ignore you too! Never mind that the polls say your group constitutes a majority of Americans! You're a bunch of right wing kooks, so we can ignore you!
Frankly, I'm getting a little sick of seeing both sides play this ridiculous game of "guilt by association". This is America. Everyone is entitled to have an opinion. Your opinion on a particular subject doesn't become less relevant just because some skin-head neo-nazi white supremacist happens to share the same opinion on that subject. You can't try to marginalize an entire group who share the same opinion on a topic just because there are some "bad people" in that group. Stereotyping a group of people because they share a common trait is precisely the same as racism.
I am not a "birther".
I am proud to live in the most ethnically diverse town in Northern California. I look out my window and see the homes of my neighbors who represent five different races.
I am not registered to any political party.
I am not anti-immigrant. I am married to an immigrant, and have an immigrant son and daughter.
I think the Arizona law is a damn good idea.
So, where do I fit into Frank Rich's characterization of the "bigots" who are in favor of the Arizona law?

Consulates rarely insist on the interview being conducted in English. They might do this in a case where proof of relationship is required (like a K1) if the applicant says that they communicate with their fiance/e in English. However, the consulate is always equipped to conduct the interview in the local language of the country where the consulate is located. In many cases, the consular officers speak the local language (to some degree), and they will always have local interpreters available.
The consulate in Spain is probably not going to have a CO or translator who speaks Moroccan Arabic, so your fiance will need to speak either English or Spanish at the interview. Consulates can get a little weird when it comes to interviewing applicants who are from a 3rd country. This is especially true if the applicant is from a high fraud country, which Morocco unfortunately is. Be prepared as your fiance's interview may be substantially more difficult than an interview for a Spanish national.

You have several problems.
You misrepresented yourself to get a Social Security number, and signed the application under penalty of perjury. You represented yourself as an American National in order to get a benefit from the US government (the SSN). You worked illegally in the US. You overstayed your entry pass by over 8 years.
Normally, the overstay could have been forgiven by virtue of your marriage to a US citizen, since you entered legally. The other problems are much more serious.
DO NOT ATTEMPT TO DO THIS WITHOUT AN ATTORNEY! YOU MAY FIND YOURSELF DEPORTED WITH A LIFETIME BAN FROM THE US!

You have several problems.
You misrepresented yourself to get a Social Security number, and signed the application under penalty of perjury. You represented yourself as an American National in order to get a benefit from the US government (the SSN). You worked illegally in the US. You overstayed your entry pass by over 8 years.
Normally, the overstay could have been forgiven by virtue of your marriage to a US citizen, since you entered legally. The other problems are much more serious.
DO NOT ATTEMPT TO DO THIS WITHOUT AN ATTORNEY! YOU MAY FIND YOURSELF DEPORTED WITH A LIFETIME BAN FROM THE US!

You have several problems.
You misrepresented yourself to get a Social Security number, and signed the application under penalty of perjury. You represented yourself as an American National in order to get a benefit from the US government (the SSN). You worked illegally in the US. You overstayed your entry pass by over 8 years.
Normally, the overstay could have been forgiven by virtue of your marriage to a US citizen, since you entered legally. The other problems are much more serious.
DO NOT ATTEMPT TO DO THIS WITHOUT AN ATTORNEY! YOU MAY FIND YOURSELF DEPORTED WITH A LIFETIME BAN FROM THE US!

You have several problems.
You misrepresented yourself to get a Social Security number, and signed the application under penalty of perjury. You represented yourself as an American National in order to get a benefit from the US government (the SSN). You worked illegally in the US. You overstayed your entry pass by over 8 years.
Normally, the overstay could have been forgiven by virtue of your marriage to a US citizen, since you entered legally. The other problems are much more serious.
DO NOT ATTEMPT TO DO THIS WITHOUT AN ATTORNEY! YOU MAY FIND YOURSELF DEPORTED WITH A LIFETIME BAN FROM THE US!

You have several problems.
You misrepresented yourself to get a Social Security number, and signed the application under penalty of perjury. You represented yourself as an American National in order to get a benefit from the US government (the SSN). You worked illegally in the US. You overstayed your entry pass by over 8 years.
Normally, the overstay could have been forgiven by virtue of your marriage to a US citizen, since you entered legally. The other problems are much more serious.
DO NOT ATTEMPT TO DO THIS WITHOUT AN ATTORNEY! YOU MAY FIND YOURSELF DEPORTED WITH A LIFETIME BAN FROM THE US!

This blanket statement is not always correct. CBP has the final authority to determine if someone is permitted to enter the US, regardless of whether or not they have a valid visa. From CBP's website:
"Issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The CBP Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law."
http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/difference_visa_adrecord.xml

Actually, it's not confusing at all. A B2 "visitor's visa" (often called a "tourist visa") is the appropriate type of visa to use.
It is possible she'll be stopped at immigration and sent back, as you describe, but not for using the wrong type of visa. If she is sent back it will be because the CBP officer suspects she'll use her non-immigrant visa to immigrate to the US. She is the spouse of a US citizen, which means she is eligible to apply for a green card the moment she steps on US soil. Applying for a green card would not be illegal, but entering the US with a non-immigrant entry pass with the intention of immigrating is illegal. For this reason, a determination must be made by the CBP when she enters whether she may intend to immigrate. If they conclude that she does, then they'll put her on a plane back to China.
This is why you need to present strong evidence that she is compelled to return to China after her visit, and NOT stay and apply for a green card. Since you're traveling with her, the chances of her staying will appear to be even stronger, which is why you should also have evidence to prove that you will also be returning to China.

Normally, an alien must have maintained their legal non-immigrant status in order to be eligible for apply for adjustment of status. However, there is a specific exception for a K1 who married within the required 90 days. She is still eligible to adjust status, but she is accruing overstay time for every day after her I-94 expired.
Will she be deported? Probably not. It's unlikely ICE is going to be showing up at your door to ask about her, but stranger things have happened. Get the documents submitted as soon as you can. If it looks like it will be several more months, then look into borrowing the money from somebody.