mrs. wife!

Oh God, tell me about it!!!!!
In Brazil everywhere you go there is a bakery on the corner!! And they sell fresh french bread!!
They make early in the morning, after lunch and again in early evening! So goooooood!!!
I found french bread at Giant one time but it was old and I guess they only make it once a day. So when you go buy it it's old and rubbery
Then we found a frozen bag of french bread at the frozen section but it's so heavy that my stomach hurts!!!
I love everything else, but really.... the bread sucks!!!

The Consular Section of the Embassy gave you bad advice about entering the US once a year to retain residence. If such a pattern is noticed at POE they can go so far as to make you have to appear in from of an Immigration Judge to explain your situation.
The Green Card is for residing in the US and the pattern of entry you mention isn't residing in the US.
When you are ready to actually live together in the US then you should file DCF at the nearest US Embassy.
This incident should have no impact on future DCF beyond them asking why she never used the previously issued CR-1 Visa.

I am truly lost as to what I should say. There are a lot of mixed and raging feelings going through right now that I can hardly even focus enough to put words together, but I will try. I think saying (I am disgusted, revolted, repulsed, sickened and nauseated…etc) would never suffice. This is one of the moments that make me feel ashamed of being Egyptian. Never be ashamed of who you are because you are the innocent. He is the guilty.
It is this piece of filth and the likes of his kind are the reason why genuine relationships are being scrutinized and put under the radar for so long and causing pain to every loving couple who end up in AP or get treated like thieves just for loving each other from two separate places across the globe. I cannot and do not even want to begin to understand how a man can cast away what defines him as a human and emotionally violates a vulnerable woman, using the most wonderful gift in the world as a weapon at his disposal. Turning love into a living nightmare to chain the unsuspected victim just so he can escape bad economic conditions or just belong to a first world country for a change.
How many times it tore my heart to see warnings of Egyptian men fraud on a lot of embassies newsletters (and specifically Egyptian males) because of men like this. I hope they do burn in hell for their deceptions and the damage they have done to their partners and other Egyptians in general.
I am truly sorry for you that you had to go through this. I know that my words are cheap but I hope you would find support in them, or at least know that someone out there knows your pain. I think we have a lot of members who had the same experience and I am sure they can help you through these difficult times.
Please do not drown yourself into depression for someone who doesn’t even deserve a single tear. You have don’t nothing wrong. You loved unconditionally and sacrificed everything for your love’s sake. It just turned out that this love wasn’t true on his side. It is true that you might have done a mistake of not seeing the signs earlier and noticing his desperate attempts to just get a visa, but who am I to judge? We all know how love can blind us and it happened to me personally several times before. I hope other women would read about your experience and open their eyes more and protect themselves against the likes of this jerk. DO NOT let it break and lose confidence in yourself and lose the ability to love again. Wounds do take time to heal. Let it heal and in time we will all pray for you that you will find the true love that a person like you really deserve.

The quick answer to that question is because VWP entrants are subject to removal without judicial review. This means that under most circumstanes there is no chance to ask for formal voluntary departure. Also, VWP entrants are not entitled to removal proceedings but they are entitled to asylum only proceedings.
As the previous commenter said, as long as the overstay is less than 180 days there is no ban. However, if he is deported there will be a ban. This ban can be easily forgiven with the filing of a 212 waiver. There is no hardship standard as required with the 601 waiver and it is based more on positive factors outweighing negative ones.

Let's see;
His overstay is less than 180 days, right?
He has no "Petition-able Relationship" at the moment other than Fiancé, right?
Since his overstay doesn't incur any ban other than his ability to use the Visa Waiver Program again and he does have an unused airline ticket from the US to Belgium...
Why doesn't he opt for Voluntary Departure in lieu of being deported?
The advantages:
1) Smaller blemish on his immigration file.
2) Avoids being deemed as inadmissible so there should no need for a waiver at interview time.
3) Gets him out of detention and on the plane ASAP.
Then you can file for K-1 ASAP and get the ball rolling.
Someone else please tell me if I'm missing something...

Jeez...free information and people can get offended??....I recommend a lawyer ...free websites are not for sensitive individuals.
Sachi..love u.... I cant wait to meet you in Vegas with our folks from March thread...

I'm sorry about your situation. Laurel Scott is an immigration attorney that specializes in waivers for this type of situation (falsely claiming US citizenship). You may want to contact her and set up a consulation with her. Based on the specifics of your husband's case, she may be able to tell if he has a chance to fight the ban or not. Good luck to you!

skype has a call exporter. if you are using windows, click here: Skype Forum and scroll down to post #5 by lucdecauwer. he attached the zipped file of the exporter there. and then the next post (by gladiator) has the instructions.

/sigh

Hi Amny!
I'm sorry to hear about your problems.
Your account of the events is exceptionally well written, covering all pertinent aspects of your relationship.
I do not know N.Y. State divorce law, but it is fair to assume that at some point you will have to have your husband served with the divorce papers. From that perspective you may want to use the opportunity of your husband's absence from the US to confer with a divorce attorney or two, retain the one you are most comfortable with, and get things started.
Viewed from an immigration perspective, I assume your husband is a conditional Permanent Resident, holding a 2-year Green Card. As such, he would be required to file for Removal of Conditions (ROC) not earlier than 90 days before his card expires, unless you guys are divorced, in which case he is actually required to file immediately.
Depending on how long it will take to get the divorce finalized, other events may take place. For example, if you are not divorced by the time his Green Card expires, he has to file the I-751 petition anyway, and will receive a Request for Evidence (RFE), asking for the divorce decree within a certain time frame.
If he can't produce that in time, he'll be in front of an immigration judge whom he (or his attorney) can ask to put deportation proceedings on hold until the divorce is final and his ROC petition is decided upon. In most cases this will be granted.
The ROC process requires him to prove that he entered the marriage in good faith, nothing else. Whether or not he can prove that I don't venture to guess.
Since you mentioned that your husband was physically abusive toward you, you may indeed consider filing a constraining order against him, especially as it is difficult to predict how he might react once he realizes that he's in trouble, relationship wise and immigration wise.
Wish you the best!

Even though she is here illegally, she did arrive legally, which is how she and he intend to find a way for her to stay by adjusting her status on the expired visa... the reason others have said that she should not leave the US now, is that as soon as she leaves, she will be banned from entering the US at that point and cant adjust at that point...
The fact that she did the right thing at one point (entered on a valid visa) is the flaw in the system that allows her to have an opportunity to possibly stay here permanently...marrying the USC is the key to the loophole
This is a difficult topic for many here to discuss or see discussed as they have gone through every stage of the process legally and are still apart mired in the system... and to see someone being able to be here in the US through an overstay such as this example can be very disheartening...

hello peeps,
Just tryin to make myself understand here about this OVERSTAYING stuff.
Alright, the 1st version, so when you come to this country and overstayed your visa for whatever the reason is but DID NOT leave the country, and later say you fell in love with an USC and got married, your OVERSTAYING status will be forgiven, right? (how easy)
The 2nd version, you come to this country, overstayed, and LEFT the country, either being deported or voluntarily, you will be banned for 3 years or 10 years depend on how long you were overstayed, in other words, not easyly FORGIVEN as the 1st version, gotta get thru harder way to be able to waive your overstaying status IF you ever wanted to come back.
But isnt the case the same ?? "O-V-E-R-S-T-A-Y"
Most people might not know about this but hey, say they know and they will just think : lets go to the states and ya know what? dont worry about overstay your visa,as long as we stay in the country, we could just find an USC, marry them and we'll be forgiven....
OH MY!!! isnt that lame??
Just seems unfair to me though, well me just sayin.
Happy day everyone!!

There are some restrictions on this. The alien must have entered the US legally, must not have intended to immigrate when they entered (presuming they used a non-immigrant visa or entry pass), and must not have broken any laws while in the US.

There is nothing of any value contained in any of the responses I read so far. Forget the I-129F. It should never have been filed as all information indicating it will reunite your family faster is years out of date. At this point, your I-129F, if approved, will be administratively closed at NVC anyway.
You probably ARE close to an I-130 approval but are far from a CR1 visa. Start studying the CR1 visa guide as that's the visa path you're on, not K3, not anymore.

My only issue is this: http://www.immigrantjustice.org/litigationupdate/7thcircuit/bayo012010blog.html specifically:
"5. The next question is whether there's a conflict between INA 245© - which bars VWP visa overstays from adjusting, except for immediate relatives - and the VWP waiver provisions. The CtApp resolved the apparent ambiguity by interpreting 245©(4) to apply only where someone applies for adjustment of status before falling out of VWP status, and thereafter awaits adjudication of the Adjustment application." [emphasis added]
Also this: http://britishexpats.com/forum/showthread.php?t=651746 specifically this:
"I don't know what else this case might mean (there are some other issues that may be setting new precedent on other topics) but I do think that the posters here who have claimed 'overstay doesn't matter' should be aware that it might matter now, and people adjusting from a VWP should know that what was, in the past, may not be, in the future."

The CR-1 is a Visa for married couples. The K1 is a visa for engaged couples. There's also the K3 for married couples but the CR1 is cheaper and far superior. In each of these cases these visas are carried out with the immigrant in their home country. They're permitted to visit (usually) and the spouse/fiance from the US is permitted to visit them, but they will interview in their home country, do medicals etc. The explanations of those visas are here: http://www.visajourney.com/content/guides
The I-485 is for Adjustment of Status (AOS). Obviously the lawyer you spoke to is suggesting the you AOS from the VWP. Basically, rather than go home and apply for an official visa where they KNOW the person intends to immigrate, he's suggesting you skip that part and try and adjust his VWP status to LPR (greencard). This is a very risky route to take. If the AOS is denied (whether like in my example because it's passed the I-94 expiry or other reasons), he WILL get a ban and he won't be able to apply for a fiance/spouse visa until he has served his ban time in his home country. There are hardship waivers (which you can look into if you want) that might overturn the ban but it's VERY rare that it happens.
So your options are:
1. Have him stay in the US, get married and try and Adjust Status (using the I-485 and I-130) to LPR.
2. Get married, have him LEAVE the US and apply for a CR-1 visa
3. Have him leave the US and apply for a fiance visa.
Have a look at the link I posted. Look around for the pros and cons of each option. As much as I LOVE the idea that I could have AOS'd while I was visiting in the US, knowing that if denied I would not be able to appeal (you give up that right with the VWP) and I would be deported and spend MORE time away from my man, I decided that going home where I could work and save money for our future was the best idea. Being apart sucked of course but I knew we would be together again and that I had done the right thing by leaving when i did. If I could go back the one thing I'd change is i'd have got married there and applied for a CR-1 so I could work as soon as I got here. Not only is it cheaper in the long run but being able to work would have been a great thing.
Hope that helps

From everything I've read recently, AOSing from the VWP isn't possible once the I-94 is expired.
Overstaying right now isn't a big issue. He might make himself ineligible for the VWP but he's not going to get banned and it won't stop him applying for a spouse/fiance visa. He should go home (he won't have a ban unless it's over 180 days, then it's a 3 year ban, 365 days = 10 year ban) and you should apply for a fiance (k1) or spouse visa (cr1). Personally I think the CR1 is the best option.
There was a thread yesterday or the day before about a couple that applied for AOS but didn't send the right documents so by the time they sent it again he was past the I-94 expiration date and officers came to his door and detained him. I think you should look into this right now. You don't want to risk it if this is what you're thinking.
Above all else KNOW that overstaying right now DOES NOT stop him from getting a spouse or fiance visa. He WILL NOT have a ban from it. He will need to note it where asked but otherwise, not an issue. Make sure you keep ALL paperwork about the volcano etc so if he wants to apply for a visitor visa down the track you have proof of why the overstay was "accidental".
Good luck!

About the J1, send a copy of your DS2019. I was RFEd at NVC because they wanted proof that I didn't have the 2HRR and a copy of the visa was apparently not enough.
I know your case won't be processed at NVC but it might help to add it anyway.
Good luck!

Actually, if you post on an open forum, people will give you their thoughts, as you did.
Also - you can apply the bolded to yourself, you don't know what was in his head, so you are making an assumption.
Reading through your story, it seems it was going ok, till the question about the mother's phone number. Since you are attempting to AOS from a students visa, it could be your doing it just for immigration purposes, not because of the marriage, and if the sponsors parent doesn't know about it (the marriage), it could be seen as a red flag. Not knowing the number could be construed as "hiding" the fact. I don't know what was said, or how you two responded, so moving on...
Here are some of the things they look at when determine if the marriage is a sham (21.3 Petition for a Spouse. in the AFM):
Race? not very likely, with the amount of cases going through, plenty of them with people of different skin colors, with successful outcomes, that would indicate they have no issues with "race".
The type of questions you were asked are made to see if you have the correct answers, they are looking for "fraud". He is not trying to confuse you - he is trying to see if your lying, ie. Fraud.
The burden of proof always falls on you, as the petitioner, USCIS does not have to prove anything.
They (USCIS) has a set of rules they have to follow when they adjudicate a case. If they deny a case, they have to give a detailed reasoning why they did so, which is checked by a few people there. If they have a case for fraud, then they have a case, they are not going to deny you because your wife is "white" and your "black".
However, to answer your questions:
1. No - you can't be denied if your in-laws do not want to get involved. You can get other friends, or other relatives (not the immediate ones) to make these affidavits. Since your wife has a history with her mother as you indicated, get the grandmother to make one, (as requested - and as Vanessa said, she can explain the relationship between both parties) and someone else to make one (like the friend that introduced you). Since he specifically asked for them to be notarized, do so.
Ensure that each affidavit is unique and factual, boilerplate ones indicate deception.
2. Tons of documents really don't show if the relationship is "true" or if the marriage is bona fide. They just build a case - the AO makes the decision based on a lot of variables.
3. USCIS is allowed to ask for any evidence they deem needed for you to prove your case. YES - USCIS can ask for family or friends to supply affidavits - as pointed out in the AFM above (bolded), it is one of the "fraud" indicators because of the lack of. In your case, he specifically asked for family affidavits.
_________________________________
So I would stop worrying about race and just get the evidence (affidavits) that they asked for and go from there. If you feel you were treated in a poor manner, then file a complaint with USCIS.

I came on a CR1 visa so I knew I could get home if there was an emergency and I was able to look for work etc straight away but even so the adjustment period was hard. (And that's with no language issues and I'd already spent several months living in the US with my husband before)
Ignore the tough love posters above - what your fiancee needs is patience, understanding and a little bit of preparation from you to make things easier when she arrives. If she knows how prepared you are for her arrival and that you're going to be supportive for as long as it take her to get used to her new life I'm sure she will calm down.
Things she's probably worried about...and my suggestions for how to help her
1. Being trapped in the US if there's an emergency back home she needs to get to
Lay out for her the process of applying for AP and reassure her that you will be on top of it as soon as she gets there to get it as quickly as possible. Research and let her know you have the info ready for how to apply for emergency AP via Infopass just in case something happens. Reassure her that you understand how she must be feeling but that you'll work it out together.
2. Money - giving up a job and an income can make you feel very vulnerable
Reassure her that you will be supporting her until she finds a job - depending on what you're planning to do with your finances it might help her to know that you will have a joint bank account and that she will be able to have some of her own money until she can find a job.
3. Loss of familiar things from home
Compile useful lists of shops, entertainment options, places to visit, spas, hair and nail salons etc. Create a package with maps and brochures of your area - a fun 'things to do' box. Help her see that this period of not being able to work could be a golden time for relaxing and getting to know her new home.
4. Not feeling 'at home'
My husband let me redecorate our new home and make it feel like ours. He organized lots of family and friends evenings so that I could start to feel part of the community. My mother-in-law took me to museums and shopping once a week for the first few weeks. Get your family and friends involved in welcoming her. Let her have a say in how your new home together will look and feel. Talk about all the fun things you'll do together. Talk about how soon you might be able to have her family and friends from home come and visit. Let her know she will still be able to contact people from home via the internet and phone as often as she needs to.

woot woot!!!
Awesome!!!!!!!!!!!!
Congrats!!!!!!!!!!!!!!!!

whatever. we're still tired of illegals abusing the system, getting caught, then coming here asking for help.
this website is all about legal immigration.