VanessaTony

No it does not have to be the original. In fact, no one should send in their original documents because they won't get them back. All that is required is a photocopy. It states this on the USCIS website and in the I-129F form instructions. The stamp/seal just needs to be clear and legible when making a copy.
The requirements for other visa types that must send documents to the NVC are different from those of the I-129F petition. Nothing is sent to the NVC.

I think some people assumed it was for 2 people, not for an entire family.
Glad to know you have it figured out!

PS, if you do find a joint sponsor, they have to make enough for their household plus the immigrant, not your husband's household as well. So if he has a single friend who makes over 20k a year, that person can help joint sponsor you

Standard procedure is to deny.
Once it's denied you will go before an immigration judge who will tell USCIS to halt the processing until your divorce decree is available. You will then mail it to them and they will continue processing your I-751. In the meantime, you're in limbo, but that's how it works.

Read this thread:
http://www.visajourney.com/forums/topic/439773-address-for-withdrawing-i-864/
She must withdraw the I-864 before the green card gets approved.

CR-1 visa is to get family reunited. Since he has no one there now in USA, then why does he care for this visa?

Agreed. I had to spell my maiden name every time. I now have to spell my married name every time and it includes 2 'Z's! I also have to remember to say 'zee' instead of 'zed' as I'm from the UK.

Oh God! the Immigration office called me and said I should go back and get my passport thank God I'm near their office

SHOULD you? No. I think it would be incredibly foolish of you.
CAN you? Yes.
Given your history (marrying on the VWP, attempting to AOS on the VWP which was subsequently cancelled) and now attempting to AOS again from the VWP... I would think it's too risky... but then I'm all for doing things the proper, safe, and legal way. Which isn't to say AOS from the VWP isn't legal, it is, it's just not legal with intent.
Also, "no longer want to be separated unnecessarily if there is an alternative"? You KNEW there was an alternative when she entered. I'm sorry but I don't buy it. It's not me you need to worry about though. So make your choice and live with the consequences (or benefits), whatever they may be.

*** Topic closed. OP has received the advice needed and what is appropriate for our TOS. DO NOT re-start this thread.*****

if you want to take the chance of your wife being banned for life because you've already played the system once and file AOS again, yes you can. But would one single person on this forum recommend it? NO

SHOULD you? No. I think it would be incredibly foolish of you.
CAN you? Yes.
Given your history (marrying on the VWP, attempting to AOS on the VWP which was subsequently cancelled) and now attempting to AOS again from the VWP... I would think it's too risky... but then I'm all for doing things the proper, safe, and legal way. Which isn't to say AOS from the VWP isn't legal, it is, it's just not legal with intent.
Also, "no longer want to be separated unnecessarily if there is an alternative"? You KNEW there was an alternative when she entered. I'm sorry but I don't buy it. It's not me you need to worry about though. So make your choice and live with the consequences (or benefits), whatever they may be.

Single and divorced are the same, but for legal reasons, different. Single means never-married. Divorced means married before. I'm not sure why it's important to specify it but you'll see it on a lot of forms. If you're divorced you need to tick divorced (unless there is no option for divorced).

SHOULD you? No. I think it would be incredibly foolish of you.
CAN you? Yes.
Given your history (marrying on the VWP, attempting to AOS on the VWP which was subsequently cancelled) and now attempting to AOS again from the VWP... I would think it's too risky... but then I'm all for doing things the proper, safe, and legal way. Which isn't to say AOS from the VWP isn't legal, it is, it's just not legal with intent.
Also, "no longer want to be separated unnecessarily if there is an alternative"? You KNEW there was an alternative when she entered. I'm sorry but I don't buy it. It's not me you need to worry about though. So make your choice and live with the consequences (or benefits), whatever they may be.

SHOULD you? No. I think it would be incredibly foolish of you.
CAN you? Yes.
Given your history (marrying on the VWP, attempting to AOS on the VWP which was subsequently cancelled) and now attempting to AOS again from the VWP... I would think it's too risky... but then I'm all for doing things the proper, safe, and legal way. Which isn't to say AOS from the VWP isn't legal, it is, it's just not legal with intent.
Also, "no longer want to be separated unnecessarily if there is an alternative"? You KNEW there was an alternative when she entered. I'm sorry but I don't buy it. It's not me you need to worry about though. So make your choice and live with the consequences (or benefits), whatever they may be.

SHOULD you? No. I think it would be incredibly foolish of you.
CAN you? Yes.
Given your history (marrying on the VWP, attempting to AOS on the VWP which was subsequently cancelled) and now attempting to AOS again from the VWP... I would think it's too risky... but then I'm all for doing things the proper, safe, and legal way. Which isn't to say AOS from the VWP isn't legal, it is, it's just not legal with intent.
Also, "no longer want to be separated unnecessarily if there is an alternative"? You KNEW there was an alternative when she entered. I'm sorry but I don't buy it. It's not me you need to worry about though. So make your choice and live with the consequences (or benefits), whatever they may be.

Yes they will deny for being under it, doesn't matter if it's just by $0.05. Rules are rules. They recently denied a citizenship application because it was filed 1 day early. That's how strict the are.
He will need to either get another job to bolster his earnings, or find a joint sponsor.

'don't anything in their records' sounds like the I-864 withdrawal letter not make it into the casefile.
You should chase that down, make that happen, nowish.

1. You are asking whether pretending to be happily married in order for her to gain an immigration benefit would be fraud. When I put it that way, I think it's pretty obvious. Yes.
2. There is always a remote possibility. Basically you need to decide if you're okay with knowingly committing fraud, and living with that choice and anything that results from that choice.
3. Which is ridiculous. If she has sufficient proof she entered the marriage in good faith she'll be fine with the divorce waiver. It's quite common.
4. Right. Staying married simply for insurance is a type of insurance fraud isn't it? I know when I signed up for my husbands insurance we had to show that we were married in the last year OR evidence that we were still actually living together. Makes me think it's important.
5. Yes she can
6. Yes she should.
My concern was mentioned by someone else above, the longer you are married, the more of a claim to your assets, 401K, life insurance etc. She would be your spouse and would have first claim on anything. Medical choices (say you're in an accident and they need to decide on treatment), what happens with you property (even if your will says something different she could try and fight it), she would be able to claim social security benefits when you die (this is even sometimes after divorce and is based on how long you've been married).
Truly, you've filed, follow through with it. Remind her SHE needs to file ROC by the deadline. You are not involved. If she fails to file ROC on time her LPR status will be revoked. If she hurries up with the divorce she won't need to wait for an RFE for the decree and can send it with the packet instead. If the divorce isn't final in time for her deadline then she needs to file without the decree and then she will be RFE'd for it and then have 86 days to reply. If she doesn't have it in time then her ROC will be denied and she will go before and immigration judge who will make USCIS wait for the decree. Basically she'll be on hold until it's all done. Big pain.
If you are no longer happily married, you have filed for divorce. Do not allow her to emotionally blackmail you with the love you still feel for her. Do what is best for you. It does not negatively affect her status, just means she needs to actually do things for herself.

Homesickness is the biggest thing. USC's tend to forget just how much their immigrant spouse has given up and don't fully understand why they don't "appreciate living in the US".
Lack of knowledge is another thing. Not knowing the basic things (getting a driver's license, knowing what food is good, how to file taxes) the things USC's take for granted.
Forgetting that people who look and sound foreign do sometimes face discrimination and abuse and preparing their spouse and helping them know how to deal with rude people.
Freedom. Getting a job and feeling secure in life here and being able to support themselves. Friendship networks.
Honestly it's mostly about understanding each other and listening. As it is with any relationship.

Being outside of the US for 6 months breaks continuous residency and PAUSES the residency clock. Being outside for over a year RESETS the residency clock back to 0.
See the eligibility worksheet here:
Her only option outside of the waiting 4 years 9 months is the "4 years, 1 day" rule. Discussed here:

I know you're not actually asking for people to tell you what to do, especially I think in the manner people have where they just TELL you what to do without reasoning (religion is not everyone's cup of tea, and not everyone believes that life begins at conception), but rather asking for rational arguments at a time where you feel emotional and out of control. So here's mine.
On reading your OP a few times, it reads to me like you don't want to terminate the pregnancy but felt "pushed" to do it due to circumstances out of your control, you said:
You then also said:
It reads to me like you were trying to be rational about something you didn't want. Convincing yourself it was the right choice, and i think that's one of the reasons why you felt so lonely. You felt like you were the only one who found this decision hard, you also felt unsupported in having to go through something pretty emotionally traumatic.
The reasons you mention for terminating need not be reasons at all. If you want the baby, then stay in Canada (whether you get back together or not) and finish the pregnancy there with the medical assistance of Canada's health system, and with the support of family and friends. That takes care of the medical side. The child will most likely be a USC (assuming your ex-fiance meets the requirements) and so on moving to the US (if that happened) you would be able to get government support (if needed) to help with the baby. Plenty of people have done this and do this.
Plenty of people end up with deadbeats for the other parent (sadly). I believe there would be a child support agreement between the US and Canada (there is one in Australia) so he would need to financially support his child. I believe Canada's at least a Hague country as well.
It is ultimately your body and your choice. Don't go into this thinking about whether he will be there or not. Go into it knowing what YOU want to do. What decision is right for YOU. Because you will be the one living with your decision. If you think that you want this baby, that you will make it work no matter what, then I say keep it. If you're not sure, I say keep it. You could always adopt out (termination isn't the only choice) or ask friends/family to help out. If you are 100% terrified, realise that you will be living in a cardboard box and know that you simply couldn't carry a child to term without serious emotional damage then termination might be your only choice.
Personally, if i were in your situation but in Australia I too would be terrified of the life change, but I would keep the baby. I know that I could rely on my government for help if needed, I would have friends and family members to look for for support. and I also know that I would love that child no matter what. I know that at my age (30 next week) my window for having children is narrowing, that I obviously got pregnant for a reason (I'm on Implanon so it would be really amazing!) and my kids would be well loved and looked after, no matter what.
**Edit - I should also mention I'm not 100% sure whether I can even have kids given some health concerns, that's why I would keep the baby. I would be so crazy happy (and terrified at the same time) that my body didn't let me down! I'm not trying to push you in any direction, more explaining to you why my direction would be what it would be Hope that helps. And like everyone else said, I'm here via PM if you need/want to talk.

1. You are asking whether pretending to be happily married in order for her to gain an immigration benefit would be fraud. When I put it that way, I think it's pretty obvious. Yes.
2. There is always a remote possibility. Basically you need to decide if you're okay with knowingly committing fraud, and living with that choice and anything that results from that choice.
3. Which is ridiculous. If she has sufficient proof she entered the marriage in good faith she'll be fine with the divorce waiver. It's quite common.
4. Right. Staying married simply for insurance is a type of insurance fraud isn't it? I know when I signed up for my husbands insurance we had to show that we were married in the last year OR evidence that we were still actually living together. Makes me think it's important.
5. Yes she can
6. Yes she should.
My concern was mentioned by someone else above, the longer you are married, the more of a claim to your assets, 401K, life insurance etc. She would be your spouse and would have first claim on anything. Medical choices (say you're in an accident and they need to decide on treatment), what happens with you property (even if your will says something different she could try and fight it), she would be able to claim social security benefits when you die (this is even sometimes after divorce and is based on how long you've been married).
Truly, you've filed, follow through with it. Remind her SHE needs to file ROC by the deadline. You are not involved. If she fails to file ROC on time her LPR status will be revoked. If she hurries up with the divorce she won't need to wait for an RFE for the decree and can send it with the packet instead. If the divorce isn't final in time for her deadline then she needs to file without the decree and then she will be RFE'd for it and then have 86 days to reply. If she doesn't have it in time then her ROC will be denied and she will go before and immigration judge who will make USCIS wait for the decree. Basically she'll be on hold until it's all done. Big pain.
If you are no longer happily married, you have filed for divorce. Do not allow her to emotionally blackmail you with the love you still feel for her. Do what is best for you. It does not negatively affect her status, just means she needs to actually do things for herself.

I like the name Orlando
I'll wrote comments next to some of your choices
I'd go with one that you like signing. That you like hearing. That when you think of someone calling you "Mr. X" you don't mind it. Think about future kids and if you'd like to be the "Miller family" or the "Evans family". I'd also try and think of people you know, people you work with, and make sure you don't accidentally choose their last name... that could get weird
Good luck with your choices!
**Edit - Also, check your initials. I had been planning a particular name for a kid and now the initials spell another 3 letter word... so I need to decide if that's a bad thing or if she would get mocked for it (kids can be mean!) :S

This response makes little sense and is confusing. The previous posters in this thread were correct. The requirement is that you have met in person face-to-face within the 2 years prior to filing the I-129F petition. It makes no difference how long you have been in the relationship for the petition, so long as you meet the all requirements.

Dear Meg,
I'm so sorry for your situation, I can't imagine being betrayed like that by someone that you were about to get married to.
Every case is different, but I thought I'd share my experience. I, also, got pregnant unexpectedly and despite the fact that we used protection. My then-boyfriend, who is American, freaked out and broke up with me. He and his family insisted that I have an abortion, they belittled me and harassed me. Now, I'm a very pro-choice person, and think that everyone has the right to choose. And I decided that I alone had the right to choose, no one else's opinions mattered. I thought about things this way; which decidion could I live with? Would I be able to provide a good life for my child despite being alone? I didn't think about my ex anymore, he had shown his true colors when he dumped me. His opinions were now worthless, it was me and the embryo I had to think about.
I guess what I'm trying to tell you is remove your ex from the equasion and think about what's best for you and the unborn.
I realized the best thing for me was to have this wonderful surprise baby and I have never regretted it for a second. I figured out my finances and decided I could afford to too. I also knew I was strong enough to deal with things alone. In the end, I didn't have to be alone; I'm now married to a wonderful man and we are raising our daughter together. My ex is nothing but a bad dream, although I'm ever so grateful that he gave me such a wonderful gift.
I wish you much strenght in your difficult decision. You alone know what's best for you and the unborn.