yohino

Actually, if the person recieved their residency via a VAWA-claim, they are allowed to apply for citizenship under the 3 year rule.
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdf
I also think, don't know for sure, that this becomes null if she/he re-marries during this time, then she/he has to wait the 5 years.
If possible, just have the person in question wait until she is a citizen to get married to avoid all confusion.
Edited to add, I'm not sure if this pertains to people that ROC'ed with a VAWA-app.

After she enters on her immigrant-visa she could turn around and leave the same day with just that visa being stamped. It will serve as a temporary GC for up to 1 year.

I'm sorry if this come off the wrong way but, the K1 is not a "let's see what happens" visa. It is for 2 people that are without a doubt sure that they want to get married and spend the rest of their life together. The stipulation is that you get married within 90 days of entering the US. Those days isn't for figuring anything out relationship-wise , or making sure of anything, days, (you should already know that) it's wedding planning days.
If you don't get married within the 90 days, but eventually do, you'd do a concurrent I-130/I-485 filing, and if you don't get married, you should leave before those 90 days are up, or the option of ever visiting the US on the VWP are pretty much done.

I'm sorry if this come off the wrong way but, the K1 is not a "let's see what happens" visa. It is for 2 people that are without a doubt sure that they want to get married and spend the rest of their life together. The stipulation is that you get married within 90 days of entering the US. Those days isn't for figuring anything out relationship-wise , or making sure of anything, days, (you should already know that) it's wedding planning days.
If you don't get married within the 90 days, but eventually do, you'd do a concurrent I-130/I-485 filing, and if you don't get married, you should leave before those 90 days are up, or the option of ever visiting the US on the VWP are pretty much done.

You've been scammed. Leave now. Go back to your grandmothers house. File for a divorce. Have no further contact with him. If he can't get a green by marriage then he'll try to get one through VAWA, which means claiming you abused him. Don't give him an opportunity to manufacture any evidence of this sort, like calling the cops on you.
DO NOT GO TO THE GREEN CARD INTERVIEW!!! I can virtually guarantee you would be subjected to a grueling Stokes interview, given his serious history with immigration. You DON'T want to go through this.
I can recall only one or two cases where the evidence of fraud was more clear than this one.

Her spouse would have to be a USC for her to be able to Adjust her status, but even if he was, she can't enter on the VWP with the intent to do so. So that option is not valid anyways.
He would have to file a I-130 petition for her, which takes quite a while for a spouse of an LPR. He will be able to upgrade it though when he gains US citizenship.
The VWP is for visiting, not for living with your spouse, so if the CO at POE see a pattern in her travel that doesn't make her a tourist anymore they can, and probably will, deny her entry. Sure, it's 90 days per visit, but also a maximum of 180 days per year. The rule of thumb is to stay out for as long as you were in.

Nothing. And what? we shouldn't kill the rat because there are more rats?
he badly needed to be shot. If nothing else it shows that if you mess with the US we WILL find you and shoot you in the head.

Didn't you already recieve a lot of good responses in the (identical) post you posted a couple of days ago?
I'll repeat, you will probably have a hard time getting a tourist visa, and if denied, you will not be able to use the VWP again, which would be really shooting yourself in the foot.
Why not start the immigration-paperwork now and then just upgrade it when your S/O gets his citizenship?

Suggest the last posters go back and re read what actually happened.

Actually, if the person recieved their residency via a VAWA-claim, they are allowed to apply for citizenship under the 3 year rule.
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdf
I also think, don't know for sure, that this becomes null if she/he re-marries during this time, then she/he has to wait the 5 years.
If possible, just have the person in question wait until she is a citizen to get married to avoid all confusion.
Edited to add, I'm not sure if this pertains to people that ROC'ed with a VAWA-app.

You have to get married within 90 days, then you file the AOS paperwork.
http://www.visajourney.com/content/k1k3aos
Edited to add, you do know he is your fiancee and not your boyfriend right

You have to get married within 90 days, then you file the AOS paperwork.
http://www.visajourney.com/content/k1k3aos
Edited to add, you do know he is your fiancee and not your boyfriend right

I understand the question about filing for the waiver in advance. What I don't know is the proper answer. I've honestly never heard of an I-601 waiver being filed in-country other than when it's submitted with an application for an immigration benefit. I would honestly be very surprised if it was accepted, much less approved. She's essentially asking to be forgiven for something that she hasn't stopped doing yet, which is being present unlawfully in the United States. And rather than asking for this waiver in conjunction with a request for an immigration benefit, she's asking for it to preempt the ban she's going to get when she leaves. I just can't wrap my head around how this would be possible. This is like stopping in the middle of the commission of a crime to call the governor and ask for a pardon.
An even more difficult question is the fact that a VWP entrant has no right to appeal or review. The reason her AOS was denied was because she became immediately deportable when she overstayed her VWP, and her AOS essentially constituted a request for a stay of removal - a request a VWP entrant has waived the right to make. I can't see how they'd deny the AOS on the basis that it constitutes a form of appeal and then NOT deny an I-601 waiver request on the same basis. You might be able to make a cogent argument that applying for AOS doesn't constitute any sort of appeal (though 7 Federal Circuit Courts of Appeal would disagree with you), but you'd be hard pressed to argue that an I-601 waiver request is not a form of appeal.
She said her attorney told her that she'd already past the 1 year overstay mark. This means she's got the 10 year ban. As her attorney told her, she's not going to incur a larger penalty by continuing to overstay. The only risk she takes in filing an I-601 waiver request is that the decision might be delivered by a couple of ICE officers with a pair of handcuffs. She's already gotten smacked down once by USCIS for trying to "speed up the process". I wouldn't be at all surprised if they smacked her down harder next time. There would be no deportation hearing. If an immigration officer signs a deportation order then she's gone.
Understand that what she did is not simply a matter of missing a filing deadline. It has always been the policy of USCIS that adjustment of status for an immediate relative of a US citizen after entering as a non-immigrant was an exception to the immigrant visa process, and not an alternative to it. She took a risk by trying to jump in front of the immigration line and she got caught. She could have still been denied if she'd filed for AOS before her VWP stay expired, and she would be in exactly the same boat she's in now, albeit maybe with not quite as much overstay.

The only tip I have for you is to ask for a tier 2 person,asking for a supervisor, when you try to call the (dis)service line, as you probably know by know the first human you talk to is nothing better then a trained monkey, even though that's kind of an insult to trained monkeys.
Were you able to put in a service request since you are beyond the normal processing time?
And of course you are allowed to call them yourself.
I really hope you get through USCIS soon!
Good Luck!

It's easy to recognize: if you find yourself in handcuffs, spending a few nights in a cold prison cell with a free standing toilet and then get pushed into a white van and driven to the airport, where you get escorted to the plane before they take off the handcuffs, you have been deported. Don't worry about letters . . .

The difference between a right and a privilege, from a legal perspective, is that a privilege is presumed not to exist unless granted by law, while a right is presumed to exist unless revoked by law. From a practical perspective, this means you don't have a privilege until you've asked for it and it's been granted or recognized, while you automatically have a right unless it's specifically been taken away from you.
You have the right to free speech, guaranteed in the US Constitution. You don't have to ask for this right to be granted. If you want to make your speech on my doorstep then that's a privilege you have to ask me for.
You have the right under the Constitution to live, to be free, and to own property. You don't need to ask for these rights to be granted, and the government needs to convince a judge that they have just cause before they can take any of these rights away from you.
If a US citizen had a right to allow their spouse or fiancee to immigrate then you wouldn't need to ask the government's permission for this. You should be able to just bring her here and she'd be allowed to stay unless the government intervened at some point and tried to take that right away from you. It doesn't work that way.
First, you have to submit a petition and prove you're eligible to submit that petition. If the government doesn't find any reason under the law to deny it, then they'll approve the petition. Next, your spouse or fiancee has to submit an application and interview for a visa. If the government doesn't find any reason to deny it, then they'll issue a visa. Depending on the type of visa involved, you may need to ask the government for permission to get a green card. Depending on how long you've been married, you may need to ask the government for permission to lift the conditions on that green card in two years. If your spouse wants to become a US citizen then they have to wait until they're eligible to apply, submit an application and take a test, and if the government doesn't find any reason to deny then they'll grant them citizenship.
The point is that all through this process you will be asking the US government for permission to complete the next step. If, at any point, they find a reason to say "no" then permission will be denied. In most cases, you won't even have a path to appeal the decision.
I don't see any way this could qualify as a right.
Curiously enough, you also have to ask the state government for permission to marry by applying for a marriage license. If they find you're not eligible then they'll say "no".

Bold part, so they did enter on a visa, yes?
So they didn't EWI? And AOS'd? Where did I say you couldn't do that? (and you can't enter illegal and then have a visa to overstay)
And I was talking about AOS from within the US, said nothing about people applying for visas hopping back across the border to their country to go to an interview.
Please, point out where my statement was wrong!
And about switching sides?
I'v mainly been posting facts, which you keep shutting down with nothing to back it up with but ill-wishes to other people.
I'm still of the opinion that something needs to change with the USCIS system of not letting us know anything about our case while it's pending and that they need to be accountable for their service.
Please, again, show me where I'v been saying anything different!

Can't belive this turned into a hunt on my little comment.
I know I have been priviledged becuase of the place I was born, but you can't really put that against me can you?
I'm totally on the same page that something has to change with the system that excists but for the letters that are being sent out to have any punch to them I think that everyone should have their facts checked and backed with all the information availible.
If I could never see my spouse again, I would be devastated, as I believe anyone else would be. And since that is a possibility for me right now, having a husband in Afghanistan, fighting for this country, that is a very touchy subject.
All I was trying to point out that something that makes sense to all of us going through this does not mean it makes sense to the goverment that sets up the laws.
As of right now, immigrating as a spouse of a US citizen or LPR is considered a privilege, not a right.

Can't belive this turned into a hunt on my little comment.
I know I have been priviledged becuase of the place I was born, but you can't really put that against me can you?
I'm totally on the same page that something has to change with the system that excists but for the letters that are being sent out to have any punch to them I think that everyone should have their facts checked and backed with all the information availible.
If I could never see my spouse again, I would be devastated, as I believe anyone else would be. And since that is a possibility for me right now, having a husband in Afghanistan, fighting for this country, that is a very touchy subject.
All I was trying to point out that something that makes sense to all of us going through this does not mean it makes sense to the goverment that sets up the laws.
As of right now, immigrating as a spouse of a US citizen or LPR is considered a privilege, not a right.

The poster you replied to didn't say it wasn't your RIGHT to marry who ever you choose to, cause it is.
It's the part of immigrating your spouse to the US that is considered a privilege.

Can't belive this turned into a hunt on my little comment.
I know I have been priviledged becuase of the place I was born, but you can't really put that against me can you?
I'm totally on the same page that something has to change with the system that excists but for the letters that are being sent out to have any punch to them I think that everyone should have their facts checked and backed with all the information availible.
If I could never see my spouse again, I would be devastated, as I believe anyone else would be. And since that is a possibility for me right now, having a husband in Afghanistan, fighting for this country, that is a very touchy subject.
All I was trying to point out that something that makes sense to all of us going through this does not mean it makes sense to the goverment that sets up the laws.
As of right now, immigrating as a spouse of a US citizen or LPR is considered a privilege, not a right.

The poster you replied to didn't say it wasn't your RIGHT to marry who ever you choose to, cause it is.
It's the part of immigrating your spouse to the US that is considered a privilege.

But surely you understand that there HAVE to be some constraints on immigration for the very simple reason that if everyone was allowed, the country would be at breaking point very, very quickly.
The issue with this visa process is transparency. It takes a long time to process these cases, but if we all had more feedback instead of having to sit here twiddling our thumbs we may at least feel like things were moving for us.
The reason we are all investigated IS because of the people out there who will enter into a sham marriage just to move to the USA. Its logical that the government have to investigate our claims and decide whether it is a real or fake marriage. It really is as simple as that. Occasionally people engaged in a real relationship will be denied, but this is why there is always an appeal process.
For me, if I was denied at interview, that would not be the end of it by any means. If you dont have the means to move to another country, you try again. You build up more evidence and you try, try, try.
I have entered into this situation with a dogged determination that I wont give up, and that is why we need places like this to come and gain advice and feedback, not somewhere that we attack members when they are simply stating fact.

The poster you replied to didn't say it wasn't your RIGHT to marry who ever you choose to, cause it is.
It's the part of immigrating your spouse to the US that is considered a privilege.

This whole assumption that because she is a tiny woman she can hit a big, strong man and it will be okay is ridiculous. Maxx, you have no idea how big or small either of these people are. We don't even know the home country of the OP--maybe she is a power lifter from the Ukraine who hit a 5'2" man who immigrated here from the Phils. WE HAVE NO IDEA. So discounting this as being okay because she can't cause harm and he can is ridiculous. While I love the assumption that I don't know anything about this because I live in "ultraconservative suburbia," domestic violence is a problem everywhere, not just in urban areas (for the record, my area is neither ultraconservative nor suburban). It's unacceptable anywhere. Hitting someone is not okay--either the OP or the all-caps-typer, or anyone else. I resent the implication that because I don't advocate violence and I think it's unacceptable that I am out of touch with reality. Maybe you need to stop thinking of "little women" as not being able to cause harm. They do. Women beat their spouses and beat their children, and it is not okay just because they are women.