Bsze

tell him to cook his own damned food then

Yeah, unfortunately the novelty has worn off for my husband. He just hates driving in it but he has taken up snowboarding which helps. I hope the novelty never wears off for you
I think you have to be a kid to truly appreciate how fun snow can be.

Well we have our proof, little did we expect the Associated Press to help us with it!
http://news.yahoo.com/photos/photo-of-the-day-slideshow-1309242001-slideshow/u-army-master-sgt-robert-mclaughlin-suffolk-va-photo-003725488.html
:dance: :dance:

A visitors visa is to visit, not to live in the USA. Thus the tourist visa holder must spend more time outside the USA than inside in any rolling year, and the maximum amount you can stay at any one time is 6 months- however, they may be given less than that at the border.

What is ironic about that? I'm thinking you misused the word. The OP clearly doesn't want to sit around for a year. He wants to work as soon as he can and he wants to find work in his field. He's also from India, a country that teaches children English in their schools. And, his fiance is a graduate student, not someone with an established career such as yourself. You have no experience with a foreign partner living in the US and trying to assimilate; he is already here. The only irony I see here is that your situation and his are not remotely alike at all.
If he's anything like my husband, going without work can be devastating. It took my husband 9 months to get his first job and another year to get a better paying job. When my husband fell out of work, it took him another year to find a job, and that was only after he went back for some training. None of this was easy for him. And since my husband is from the United Kingdom, he has no language issues.
So like I said earlier, your opinion of the political climate in this country has nothing to do with the OP's needs. Some of your other advice is worth considering.

Karren,
Under no circumstances do you attend that interview and lie to the CO. Your double proxy marriage has been consummated, therefore, for immigration purposes you're married. A K-1 is not the proper visa for you. Had you not consummated the double proxy marriage, then the K-1 would have been proper.
It was suggested that you withdraw the K-1, the petitioner should write a letter explaining he was confused early on in the process as to the proper petition to file. Make it clear in the letter the petitioner was merely confused and did not attempt to cancel or misrepresent a material fact.
Indicate you have a better understanding of the proper petition to file, and you plan to submit a I-130.
Why attend an interview for a K-1 when you're married?, I would cancel that interview then start the process over.

They weren't married in the Philippines. They were married by double proxy in Montana. Double proxy means neither of them were actually present at the wedding. One person acted as a proxy for the bride and another as a proxy for the groom. The actual bride was in the Philippines, and the actual groom was in Iraq. A double proxy marriage is valid in the state of Montana and recognized elsewhere in the United States, but only after the marriage has been consummated. The term "consummated" means they had sex after the wedding. They only thing they did in the Philippines was had sex.
The government of the Philippines doesn't recognize proxy weddings, but that doesn't matter. The US government does recognize them if the marriage has been consummated, and they're asking the US government for the visa.

The U.S. government realizes that children have no say in where parents taken them, which is why unlawful presence is not recorded until the child becomes an adult, which is at age 18. From that moment on the "it's my mother's fault" defense is no longer viable.
A felony drug conviction is indeed a deal breaker, that's correct, and I would not know how the mother can be blamed for that.
I agree, based on the drug-related felony she is even ineligible for any form of the DREAM Act that may or may not come our way. If caught, she will be detained and deported. In her situation, the start of a new life without a criminal record and in a country where she is not an illegal alien is what she should be planing for. A controlled exit is better than one in handcuffs where she would be dropped off in the middle of nowhere with not even a toothbrush in her back pocket.
It's brave to fight as long as there's a chance to win, but it's wise to realize when it's time to withdraw.

I'm sorry but it should be a simple explanation (not that we're owed it). Religious reasons? Financial reasons? Health reasons? We're not asking for your life story, just Why can't you fly to her? Why can't you go to another country to meet (if visas to the US are hard for her and for you to her country). Why can't you take a cruise? What explanation did you send to USCIS?

Maybe they have... I wouldn't bother with that until/unless your receive NOA2.
I'm sorry but it's practically impossible waive the "meet in person" requirement. We've seen people in wheelchairs unable to fly, we've seen people unable to get visas to visit each other, we've seen religious reasons and many other things. I can't say I've ever seen someone get approved NOA2 without having met in person prior to filing. Even if you were to meet now you'd have to re-file.
If you don't mind me asking, WHY can't you meet in person? It will help give a more realistic opinions as to whether it will be waived. Or maybe suggestions on how to overcome whatever is preventing you from meeting. Or suggestions on how to word your explanation for why you can't.

People are hesitant to suggest AoS from VWP for a very simple reason: by participating in the VWP, you unknowingly signed away your right to appeal. What that means is that if the I.O. denies your petition, that's like the word of the Almighty. If that happens to somebody with a visa, they can appeal and fight this until the cows come home or the money runs out. Not so with a VWP.
That said, if you had not planed to do this from the get-go, you are eligible to file for AoS. One thing I don't understand, quite frankly, is your statement that you have nothing to go back to. What do you mean with that? If you went on a vacation don't you have a job, a flat, a dog or cat . . . stuff you need to take care of in any case?
I am asking this, because I would be asking you this if I were the I.O. adjudicating your AoS. I would try to find out if you intended to do this, or if you really just did this out of a blue. Not all I.O.s are like that, but some are, and you should have a proper response ready.

No one is putting you down. We are making the point that it is not about what you or your husband can provide. It is your mom (or any applicant) showing that they do not have immigrant intent.
One should try to thing like a Consular officer. The stronger the "family bond" to the US, the more ties to home an applicant should present. Presenting all the evidence that she can be supported well in the US (by you and your spouse) can be counter productive. Focus on stressing ties to home and not the strong network inside the US.

Mom has to prove her strong ties to home.
Your documents do not help your mother obtain a visa. Your husband won't get some magical reception as a USC.

You cannot file for AOS without an I-94 ! a copy front and back is required when filing to adjust status.
Go to the nearest airport and obtain an I-94 RIGHT AWAY!!

You will have no problem leaving, only a problem returning.
The United States is a vast country with 50 states, reaching from Alaska to Hawaii. On top of that we have the U.S. Virgin Islands and Guam. If you can't find a cozy place for your honeymoon where tens of thousands people from all over the world travel to spend their honeymoons, you must be looking for something very unusual. It can't be polar bears, as we have those. It can't be vulcanos, as we have those as well. You can even do a mountain bike downhill run in Hawaii! It can't be dolphins and white beaches with turquoise water, as we have plenty of those too. It can't be mountains, as we have those. Maybe it's camels? We don't have camels in the U.S.!

Until Advance Parole is issued and in her hand she cannot reenter the US.
The K1 is a single use visa. It is invalid as soon as she enters the US at her initial POE.
As others have stated, check with the cruise operator regarding passport requirements.
Keep your honeymoon inside the US and you will have no issues.

I just spoke to my sister who is a now retired USCIS agent. She was flattered to be called an animal, but wants to know if she gets to decide which type. Her choice is a toss up between a baby deer or a gracefull swan. She says thanks for the compliment! .

I don't know where you got your information about mental illness and the law but your information is WRONG. He cannot force her into inpatient OR outpatient treatment without her consent. Period end of story. As for borderline being "treatable", that's doubtful. Borderline is one of the rare psychiatric conditions that not only has a genetic component but an ENVIRONMENTAL component as well. These patients are very difficult to treat and impossible to cure. They are manipulative, deceptive, cunning, often dangerous and many other adjectives that I could put down in writing. Please refrain from giving advice on a subject that you clearly know little about.

Without details, can only do a "simplified" comparison:
Dad (assuming married filing jointly)
Income: $40K
Std Ded: $11,6K
Exemptions: 5 x $3,700 = $18.5K
Taxable income = $9.9K
Tax on $9.9K (for MFJ)= $998
If exemptions reduced to 4;
Exemptions: 4 x $3,700 = $14.8K
Taxable income = $13.6K
Tax on $13.6K = $1,378K
So Dad would owe IRS an extra $380 if your husband claimed himself. Changing the income above to $35K with a taxable income closer to $5K for 5 dependents and $8.7K for 4 dependents only changes the extra owed from $380 to $370.
Husband (filing single):
Income: $20K
Std Ded: $5.8K
Exemptions: 1 x $3,700 = $3.7K
Taxable income = $10.5K
Tax on $10.5K (for Single)= $1,153
If exemption reduced to 0;
Exemptions: 0 x $3,700 = $0
Taxable income = $14.2K
Tax on $14.2K = $1,708
So your husband would owe $555 if he modified his return to zero exemptions.
However, this is SIMPLIFIED. Other items like whether they itemized or used standard deductions, school tuition credits, american opportunity credit, etc would change the calculations. The best thing to do is calculate it both ways (as suggested before). In all likelihood, Dad changing his return would cost less.

Either your husband or his parents need to amend; up to them to decide. Those who say your husband was not a full time student are wrong. The IRS definition for a full time student is:
"Full-time student. You are a full-time student if, during some part of each of 5 calendar months (not necessarily consecutive) during the calendar year, you are either:

A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or A student taking a full-time, on-farm training course given by either a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or a state, county, or local government. You are a full-time student if you are enrolled for the number of hours or courses the school considers to be full-time. "
So if he attended full time from Jan to May, he qualified as a full time student for 2010.
So for your OP, 1 and 2 are true; 3 is true as time spent at school (even if living away from home) counts toward the living at home - include with Oct to Dec he spent eight months with his parents;
4 is potentially true and highly subjective as support can include a myriad of items - room, board, etc. If his parents paid for his schooling, room and board, etc then they can claim him and the IRS would never question who provided more of his support. Item 5 is simply that if your parents claim you as a dependent and take your exemption, then you cannot file "married filing jointly" since this requires you to use your personal exemption. Since you were not married in 2010, this was never an option.
Assuming his relationship is good with his parents, modify whichever return yields the least amount being paid back to the IRS. I have two daughters that are now 22 and 24 years old. Each of the past six years (since the first finished HS), I have calculated my tax returns and theirs both ways (me claiming them or they claim themselves). Since I am in a much higher tax bracket, if I claim them my return is typically $1,000 to $2,000 better; however, by not claiming themselves theirs is usually $300 to $400 worse. I claim them, then give them the difference. Essentially, calculate the returns both ways to determine how to jointly pay the least amount of tax to the government and afterwards decided how it is divided amongst the child and parents.

Realistically, an invitation letter serves no useful purpose during an interview. Whatever is written in it is not legally binding on anyone. Remember, the consular officials are more interested in why he would return to his country rather than why he wants to go to the U.S.
Having a lawyer produce such a letter will only empty your wallet at a frightening rate (estimated cost for such a letter from an immigration attorney: $600) and such a letter would have even less credibility than one you might draft.
Things to consider (which you cannot change) are: (a) how did you get to the US? via a K1, or B2? If B2, well, the consular folks may easily believe that you might be arranging a marriage for him (b) has he ever applied before? © Is he working (and of working age)? (d) or is he a student, and if so, what is he studying and for how long has he been studying? (e) living with parents or ? and, the real variable -- how credible does he sound when answering questions during his interview? (hard to predict)...note that none of things I mentioned have anything to do with an invitation letter.
A lot people put great stock in invitation letters, but statisically they serve little or no positive purpose during an interview; they are more likely to raise additional questions or concerns than resolve any.
And please....don't even consider paying some immigration attorney to write some letter....they have NO authority over the visa process, no matter what they tell you. All you will wind up doing is shelling out a bunch of money in exchange for nothing. An immigration attorney gets paid whether someone gets a visa or not. I tend to think of immigration attorneys as being quite similar to TV evangelists: both make promises about things they cannot deliver (i.e. green cards or visas, or, front row seats in heaven) while fleecing their flock (clients) and convincing them that only they (the attorneys or evangelists) can decipher the INA or the bible......save your money.

This is not entirely correct. They absolutely do check with the IRS
The troubles with the IRS will not directly affect the visa issuance HOWEVER if he has a tax lein (sounds like he has) the amount owed will be deducted from his income for the purpose of calculating his ability to support you. There have been several cases here where a petitioner had to either...
1. Get a co-sponsor OR
2. Pay off the amount in full prior to approval if the consulate does not allow co-sponsors for K-1s OR
3. Abandon the K-1, get married and file a CR-1 where the affidavit goes through the NVC which does allow co-sponsors.
If the amount of the lein he must pay deducted from his annual income STILL keeps him above the poverty thresholds you should be OK, if it does drop him below the poverty threshold then you will need a co-sponsor. There is no need to mention the tax lein on the I-134, nor any other expenses, but just keep that in mind.
The reason they do this...do not forget...is not to assure you are supported. They absolutely DO NOT CARE if you are supported. They CARE that they can get back their money back from your fiance if you do end up on welfare. USCIS can jump ahead of any other lenders for collections EXCEPT the IRS, so they cannot count the amount of money dedicated to the IRS as a "source of income" as it is not available for them to confiscate
He will also need to be current on all his tax returns if he is not already
But not correct.

Point is, every case is unique and different.

Yes. One of the requirements for renewing an E-3 visa is that the alien demonstrate that they do not intend to remain or work permanently in the US. The E-3 does not allow for immigrant intent. Once an immigrant visa petition has been filed for him then that could torpedo any future renewals of his E-3 visa.

You can't find similar post because what your mother and brother want to file is not allowed.
Currently, it takes about 8 years for an LPR to petition for an unmarried child over age 21. When a LPR files for this child, there is no right for the child to live or remain in the US. Since it takes 8 years for a visa to become available to your brother, your brother cannot file the I-485, I-765, or I-131. If he files them, they will be denied and he will be out the fees. Your mom can only file the I130 for your brother.
Once your mother files the I-130, your brother derives no benefit from this petition until his Priority Date becomes current in about 8 years. He can remain in the US as long as his non-immigrant visa is valid. If he overstays, he can kiss the petition your mother files for him goodbye since an overstay will not be forgiven for a person in the family preference categories. Your brother would be in the F2b family preference category.
When his Priority Date becomes current, your brother can apply to adjust his status if he is legally in the US. He would file forms I-485, I-751, and I-131. If he is outside the US when his PD becomes current, he files form DS-230.