Matt&Cui

VWP is for VISITING ONLY, it is NOT for IMMIGRATING. PERIOD....
With VWP, the visitor signs any rights to appeal any decision by USCIS, and USCIS has been getting quite strict about this and have been denying, and deporting people adjusting status.
Even your asking this before doing indicates INTENT to MISUSE a Visitors visa, which is visa fraud.
DO THE RIGHT THING, DO a K-1 or better yet, marry, and then file an I-130 for the superior CR-1 spousal visa.
Compare:
K-1 (FEES ~$1800)
K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival
K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.
K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.
CR-1 (FEES ~$900)
CR-1 gets green-card the moment they arrive in the USA so can take a job imediatly
CR-1 gets green-card so can apply for a DL
CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

I still don't see why you are so concerned with this now. Do you really want to go into a marriage thinking about divorce?

sure - she can go back home - if a us citizen - with a China Visa in her USA Passport.
If she'd like to stay permanently - there are some choices -
1. get a residence card in her hukuo city, not give up USC citizenship or
2. be repatriated in China, in her hukuo city, giving up her USA Citizenship.
---
Most PRC people go home at least once a year, regardless of marital status. Those who are in loving relationships, usually take their foreign spouses to China for the trip.

I do not think that is typical for a chinese wife. Sounds like you married a bad one and you're very bitter. I'll bet you had many red flags that you ignored before the marriage too. I'm sorry for your problems, but generalizing them to all chinese with such negativity doesn't seem to fit what the topic was intended for.
I can't wait for my fiancee to come here so I can share her asian ways. She's not chinese, but filipino. I almost bought the super size soy sauce last week in antisipation. I think I might learn to like eating the rice too.
-James

Here's the cool bit -
there's been no interview scheduled for the AOS case yet, and/or she's not received the greencard yet.
SO..............
write yer local USCIS office, where an interview MIGHT occur, and in the letter,
withdraw the I-864, Affadavit of Support.
Send a CC of this letter to:
--USCIS address where you sent the original I-864
--local ICE office
Then go file for divorce (you can do this, not need any lawyer) with a protection order added at the same time.
then once you file, and have receipt in hand, and protection order in HER hand -
MOVE whilst she's outside working, change the locks, and have the sherrif supervise her moving out of the house (since there's a protective order in place)
Change yer numbers on everything.
Then lease out yer house.
Figure about 3 months from the time you send off the letters to ICE to the time ICE interviews her.
Be absent those 3 months from her mileau (sp?)
I know one bit will be hard, about yer schooling, as she knows and her family knows WHERE that school is. File police report on the cousin asap, and make sure the campus police KNOW about the police report that you've filed, as well.
I do suggest filing a seperate protective order ON the cousin, at same day that you file for divorce.
Whew !
---- edited to add
Now - if time and timing are amiss, and the interview actually occurs - YOU should SHOW UP at the appointed date and time, bring the divorce decree filing, the two protective orders, any ICE correspondence, and tell the Immigration Officer that
--after you filed, you learned that the marriage was solely for immigration benefits and
--you've since filed for divorce and
--you withdraw your affadavit of support, the I-864, right then and there.
Things will go quick after that.
----
Good Luck !

Yeah - ok, we all know the waiting sucks, and I'm SO thankful to have found VJ, because only the people here understand what I am going through. Each person deals with the waiting differently, and that is what makes us DIFFERENT. So let us freak out, let us complain about VSC and USCIS and whoever else we feel like complaining.
Stop attacking the people who come here to vent their frustrations with the system. Personally I am sick and tired of waiting, and it doesn't matter how many times people tell me to suck it up and wait, I am still going to blame VSC for the worst 5 months of my life.
I am stressed out, can't sleep, having enough problems as it is, so yeah, I'm gonna log on the VJ, check that my timeline has yet again been pushed back, see that no one has been approved my VSC today and HELL YEAH I'm gonna get pissed off about it. I KNOW is not "accurate" information, but its a pretty good sample in my opinion.
So for all you people who already have your NOA2 and got it in less than 5 months, and for all of you super strong people who can wait for your approval forever, please, just please, let us come in here and complain, if that will make us feel better.

I disagree. This forum has been invaluable to me and many, many others.

Actually they could be charged with Material Misrepresentation which would trigger a lifetime ban. Then they would need a hardship waiver to overcome the ban.
Why "Material" Misrepresentation instead of just misrepresentation? Well because the "I'm married in my home country" statement is used to prove strong ties back home. If the B-Visa issuance hinged upon that strong tie then they misrepresented a material fact that swayed the decision to issue the Visa.

Oh I dunno...this sounds bad. USCIS could clearly charge you with misrepresentation, let alone the overstay. Get a lawyer, today.

A bit TMI, but anyways......
Why are you so mad at USCIS, the RFE was most likely an oversight on both your and your lawyer's part (because even having a lawyer, it is YOUR case not their's). USCIS get the information, they process the information and they approve the petition, that's it. If what they need is not there then they can't do their job and waste both your time, and their time requesting more info.

-1 for total pettiness.
btw...that particular av is on VJ's own pack of preloaded avs to choose from.

Awww.. I'm sorry this happening to you. I can relate to your story too.. My husband is a drug addict too... I know how it is like to find your love on porn sites, dating sites..porn at home..no money. I went thru this recently.. Started to be abusive. I couldn't take it anymore one night i called the police took him to jail. We got restraining order for 1 year. During this time he went to anger menagment classes, attended AA meetings, went to the doctor and got himself pills that suppose to help in drug addiction and for bipolar disorder... He was clean for 7,5 months. Relapsed once <thank god> Today he is been clean for 3 months.He doesn't attend AA meetings anymore. He stopped taking pills (without doctor approval) And he is going crazy again and abusing me... I have no hope for better anymore.. My advise is to leave him people like that never change. Do it for the best for your son and for yourself.

She's had that avatar for almost 3 years. I remember her from 2008 when she posted frequently. She didn't suddenly start to impersonate somebody else.

Who forces you to read the off-topic and politics forums? I'd have a bigger problem with that person.

If you want to marry someone that is a liar and has a ban because of previous lying and fraud he would have to request a waiver. If the waiver is granted he can then come here and promise to love, honor and cherish you the rest of his life.
The experienced people at DHS tend to take a dim view of such promises from people that have demostrated clear contempt for laws, rules, promises etc.