Kittyfang

As some many know, I have been part of VJ for about a year. It took some years and a lot of stress, but the journey is over! I am sharing our experience in the hope that it will help many more.
Our interview was at 8:45 in the morning at Levesque building, in Coumbus, Ohio (there are many parking options around the building). When we arrived at 8:30ish at the USCIS floor, we were greeted by two really nice security guards. They look trough our papers, purse, etc, made us turn off (or mute) our cellphone and they made us walk trough a metal detector. They also took our interview letter and told us to go sit in the waiting room.
There were about 15 people waiting. Our interviewer called us in after about 5 minutes. She turned on a camera, swore us in and made us sit down. She was very nice, not very chatty and barely looked at us, but still very nice and professional. She confirmed my husband's (USC) information and mine (beneficiary), asked some of the I-485 questions and asked us if we had brought any proof. We showed her our photo album and I presented her with original of bills I had included in the package. I also told her that the only new proof we had was my name on his bank account. She took the paper proving this and declined when I asked her if she wanted to see anything else.
She wrote a few things on her computer, then on a paper, handed it to us and told us that everything looked in order and that she was going to recommend an approval and that we should receive the card in about 2 weeks. (Incidentally, I received an email almost immediately, saying that our card was in production).
All in all it was a very smooth journey and I am SO glad it's over.
I would like to thank everyone that helped us trough it. You advices and input were instrumental to our success!

The AOS does not have to be approved before your visa expires. You are granted a period of authorized stay while the AOS application is pending.
Ok, here's the deal about your status and what is affected by it...
If you overstay your visa for less than 180 days then you will generally have a tough time getting another visa, but it's not impossible. If you overstay by more than 180 days and then leave the US then you will be banned from returning for 3 years. If you overstay by more than a year and then leave the US then you will be banned from returning for 10 years. These bans are very difficult to overcome.
Now, when you submit an AOS application as an immediate relative of a US citizen then your current status is irrelevant. USCIS won't even consider it. It doesn't matter if your visa is still current, or you've overstayed by 10 years. So it would seem like you could take your time, and submit the AOS petition whenever you feel you're ready.
But not so fast...
If your visa expires and you haven't submitted the AOS petition yet then you're out of status. Theoretically, you could be placed in removal proceedings and deported. An AOS submitted after you've been placed in removal proceedings must, by law, be presumed to be an attempt to circumvent immigration law. The bar is raised substantially as far as the evidence you'd need to prove a bona fide relationship. If you end up being deported then an automatic ban kicks in.
Another thing to consider is that there are many discretionary factors an IO can use to deny an AOS application. There is no guarantee it will be approved. If it's denied then you can go through the appeals process, but you could still eventually be placed in removal proceedings and deported. Again, if you end up being deported then an automatic ban kicks in.
So, the prudent advise is to submit the AOS petition as soon as humanly possible. Above all, don't wait so long that you have 180 days of overstay when you submit the petition. Otherwise, you'll have to deal with a ban if the AOS is denied and you end up leaving the US. As long as you don't have more than 180 days of overstay then you can deal with a denied AOS by returning to your home country and pursuing a CR1 visa.

You've gotten the right advice. Pull the affidavit of support. File for the divorce and restraining order. Move out of the house. Report to USCIS and ICE. etc. etc.
On TOP of that - get a gun. Your life has been threatened. You don't want to find yourself in a situation where you need to protect yourself and you are not able to. If you don't live in a Wisconsin or Illinois, get a conceal carry permit, as well. I would personally rather have to answer police questions about shooting a tattooed gangster than to have my family have to attend my funeral.

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 !

As the spouse of a US citizen, you are eligible to file for Adjustment of Status (AOS) and the whole thing would be straight forward despite your overstay. However, and here I have to agree with Bob, the misinformation regarding your martial status can become a dealbreaker for life. Normally I'd suggest you return home and file for an CR-1 visa. This won't work in your case, however, as you would trigger the 10-year bar the moment you leave.
If I were you, I would find two or three top notch immigration attorneys and present this issue at an initial consultation. Understand that an attorney cannot do anything illegal, so you'll have to state that you erroneously made this mistake, not that you planed on using fraud in order to get a visa that would allow you to enter the United States. They'll understand the same way we understand this right away.

You can get the medical done now and send it in once you receive the RFE.

It is a violation of immigration law to enter the US with a non-immigrant visa if you have the intent to stay and become an immigrant (i.e., adjust status), but that dog has no teeth. USCIS can no longer deny AOS for an immediate relative of a US citizen just because they suspect preconceived intent. In fact, they can't even deny AOS if they have proof of preconceived intent. They would need proof he had preconceived intent, as well as proof he lied about his intent, before the violation would be significant enough to justify denying the AOS. If you met after he entered the US then they are much less likely to even suspect preconceived intent.
Obviously, it's impossible for you to marry and get his AOS application submitted before his status expires. Normally, an intending immigrant is required to maintain their lawful status in order to be eligible to adjust status. However, this requirement specifically does not apply to an immediate relative of a US citizen, which includes a spouse. In other words, they aren't even allowed to consider his current status when adjudicating the AOS because he's an immediate relative of a US citizen. He will be out of status (i.e., illegally present in the US) between the time his I-94 expires and the time USCIS accepts his AOS petition. Obviously, he'll want to avoid any situation where he might be confronted by any US immigration authorities, such as immigration checkpoints. He also cannot leave the US while the AOS petition is being adjudicated or his AOS petition will be considered abandoned. He can get permission to leave the US temporarily by applying for advance parole at the same time he applies for AOS.
If he had no intention of immigrating when he entered the US then I recommend you go ahead and get married, and send the I-130 and I-485 packets to USCIS so he can get a green card. There is a step-by-step guide to this process here:
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
Be sure to read the instructions for each form, as each form has additional requirements that aren't described in detail in the guide.
You will need to submit an affidavit of support, whether your income is sufficient or not. You are the primary sponsor. If your income does not qualify then you will need a joint sponsor who does qualify. There is no way to get around this. USCIS absolutely requires a sufficient affidavit of support from a qualified sponsor. They will not approve his green card application without it.
They do not have to prove he came without the intent to marry. It's not illegal to enter the US with the intent to marry. It IS illegal to enter with a non-immigrant visa with the intent to immigrate, unless the visa specifically allows for immigrant intent. However, even in that case, you don't have to prove you didn't intend to immigrate when you entered. This is one area where USCIS has to prove you're guilty - you don't have to prove you're innocent.
There is also no requirement that they marry before the I-94 expires. That requirement only applies to people who entered with a K1 visa, and intend to adjust status based on the K1 entry.
What you said about the affidavit of support is 100% correct.

My card is from January 1991, almost 20 years old, and reads: "not valid for employment." No need to get a new card. The card just shows the SSN, whereas the Green Card documents the authorization to work. So the Green Card overrides whatever is written on the SS card. If it reads: "only valid with DHS authorization" then the Green Card IS the authorization. Since you have both, Green Card and SS card, you have everything to need. Only if you have time to kill or if it rocks your boat, you can get a card without anything on it. I never felt the need to get one.

Meh.
Is it a "loop hole"? Maybe. Some people have certainly used it that way. It amazes me how many immigration attorneys tell people to just get a tourist visa, come to the US, get married, and get a green card. It also amazes me how many people come to this forum and innocently ask how to go about doing this before they've come to the US. Yeah, obviously some people see this as a shortcut and use it that way.
On the other hand, is it legal? Yep, it certainly is.
BTW, they don't have to prove they didn't have preconceived intent. It's the other way around. USCIS has to prove they did have preconceived intent. Even if USCIS can prove it, there is sufficient precedence that USCIS can't deny an AOS solely for preconceived intent, even if they have solid evidence of it. The Adjudicators Field Manual is pretty clear on this. Preconceived intent is an adverse factor, but not enough on it's own to outweigh the positive factor of being an immediate relative of a US citizen. Before they could deny the AOS, they would also need proof the alien lied about their intent to an immigration officer. They could then deny based on the material misrepresentation.
You're right that there is a risk. It's not a huge risk, but it exists. You're also right to warn people of the risk. However, the warning should be based on the facts and not supposition or judgment. Is there anything in their situation that USCIS could use as evidence of preconceived intent? Did they, for example, bring anything in their luggage that would have been required for AOS but not required for a brief visit to the US (copies of birth certificates, divorce decrees, etc.)? Was their luggage inspected by TSA, which means the evidence might have been discovered? Did CBP ask them pointed questions about their intent, or were they referred to secondary inspection where they were interrogated about their intent? These things significantly raise the level of risk. If nothing similar to these occurred, then the risk is relatively small.
After considering the potential risks, if the OP claims that they did not have a preconceived intent to immigrate, then there's no problem advising them to apply for AOS. It's legal, and they have a right to do so.

When you take your US citizenship oath, you orally renounce your allegiance to any other country. Whether you retain your old citizenship (once the old country becomes aware of your US citizenship) depends on the country.
China and India, among others [possibly Ukraine and/or Russia] , do not allow their citizens to hold any other citizenship. They will revoke your old citizenship when/if they become aware of the new once.
Germany will revoke your German citizenship unless you went through a paperwork process beforehand to get permision from the German government to get another citizenship.
Canada ignores the oral renunciation you made in your US citizenship oath. They will still consider you a Canadian citizen until and unless you fill out special paperwork at a Canadian embassy, formally renouncing your Canadian citizenship. I believe, but am not absolutely certain, that a good sized chunk of western Europe (but not Germany, see above) have the same position.
As you can see, this varies radically from country to country. You'll have to check with the consulates of the specific countries, unless someone in the region-specific forums here knows.
(I should point out that you cannot automatically lose your old citizenship. Even in cases where they summarily [and retroactively to the date of your US naturalization] revoke it upon learning of your US citizenship, you will be formally notified, and if you have not been notified, you are almost certainly still a citizen of that country.)

Ok, it sounds like you did indeed have a Stokes interview, but it sounds like it wasn't an intensive one, else it would have taken much longer.
They rarely select people for a Stokes interview randomly. They simply don't have that sort of free time. That sort of random fishing is a grossly inefficient way to try to uncover fraud. There are key factors they look for that can trigger a Stokes interview. Unfortunately, we will never know what those factors are. They won't tell us because that information would be immensely useful to a true visa scammer.
They do conduct investigations prior to the interview. They collect information from various law enforcement and government agencies in the US. They may also access any available public records. It's difficult for you to know exactly what they know about you and your spouse when you show up the for the interview. Sometimes people know about a situation or circumstance in their case that might trigger a Stokes interview. Sometimes they get a clue from the line of questions asked. Sometimes they are hit completely unaware, as it appears you were.
As I said, you shouldn't take it personally. You know that your relationship is sincere, and that you are innocent, but the IO doesn't know you or your spouse. All they know is what they see in your file. Something in your file set them off. At this point, it probably doesn't matter what it was - you were ultimately approved.
A word of caution: Since you were subjected to a Stokes interview, it is distinctly possible that you are still under suspicion by USCIS. It is possible that sometime in the next couple of years, prior to removal of conditions, a couple of ICE officers could show up at your house to conduct an "investigation". They would be looking for evidence of cohabitation. They will go through your personal effects, dirty laundry, etc. I'm not saying this will happen. I'm only saying it might happen. Knowing this in advance might help you be better prepared to deal with it if it should happen.

I don't mean to rub any salt in your wounds, but I think you went into the interview without a reasonable understanding of what could happen. In truth, it could have been much much worse. If you had been selected for a Stokes interview then you would have been separated and subjected to such questioning for several hours.
The IO obviously thought you had lied about something at some point in the process, and he was trying to shake you up and get you to admit it. You did precisely what you were supposed to do, which is to be consistent with your answers. He is allowed to ask any questions he likes. He is allowed to accuse you of anything he likes. This is a common tactic used by law enforcement officers in the US (yes, an IO is a law enforcement officer), and it's been repeatedly upheld in court.
Feel free to sue USCIS or the IO in particular, but I doubt your lawsuit will get off the ground. First, everything he did was within his legal authority. Second, even if you could prove he was biased by race, religion, or culture, you can't show how you were injured by his bias because you were approved.
You were unfortunately selected for close scrutiny. You should probably try not to take it personally.
They do sometimes take the EAD. It isn't of any use once the green card has been issued. You won't need to get it back.

http://www.youtube.com/watch?v=MeSSwKffj9o
] I hope you can find the humor in CArlin's commentary
On a main note, One of the first pieces of advice I got on this board was to find a hobby to take up my time. Were it not for that, I don't think I could have began this daunting process... I may have had a fast approval time.. But I came to this site in October 2009. Music is a good start! I sincerely wish you the best of luck, your time will come.

Looking at the USCIS website form page for the I-864 you will see all the accepted editions. UCIS Forms Page I-864 It shows the current form as well as the previous edition are acceptable. I would be confident about submitting the current edition even with today's expiry date.
Having said that, I would also urge you to check back at this web page prior to sending your form just to confirm that it is still an accepted version.

There is no 2 year minimum. If you've been legally married for less than two years then you'll get a conditional green card. The "condition" is that you remain married. You file to remove that condition two years after you get the green card. If you've been legally married two or more years then you get an unconditional green card. But you are eligible to file for a green card the day you marry.
Starburst had a good suggestion re. how to demonstrate you entered the US legally, in lieu of having an I-94 or entry stamp. Presuming you're truthful about the circumstances of your entry, then yes - they will know you've overstayed. As an immediate relative of a US citizen, your overstay is not a relevant factor in adjudicating your AOS application. Many people have overstays and still adjust status based on marriage to a US citizen without any problems.
The I-601 is a waiver for a ban. You aren't banned until you leave the US. As long as you did not leave the US after accumulating more than 180 days of overstay then you have not been banned, and you don't need a waiver. Don't send an I-601. They will not ask for it, and it would only confuse them if you submitted it.

It's highly unlikely they would try to conjure up evidence against you, and it would be damned difficult to change the CBP record of entry after the fact without it also being noted in the system when the change was made. If the CBP officer had any suspicions at the time of entry that she might be intending to adjust status then he/she would have asked pointed questions about this, and maybe even sent her to secondary inspection where she would have been required to sign a statement about her intentions. Suspicion of preconceived intent, or that they will simply intentionally overstay, are probably the most common reasons people are sent to secondary inspection. The only other time a statement could have been obtained is at the visa interview. If no questions like this were asked then it won't be an issue at the AOS interview.

While I believe that some officers may look up Facebook if they think it contains some info that is relevant to the case, I doubt that it's a practice for them to automatically scrutinize every single social website or Immigration Forum.
First, I'm sure they don't have the time or resources to pay someone to skim trough the endless sea of posts that are out there.
Second, why would they do it? As I said, they can look up something about a case they have; maybe someone mentioned "hey, him and I met on Facebook, trough his sister". The officer can look up Facebook to see if they can find and confirm that info, but why would they randomly look at immigration websites? Surely, we know that they are not confirming or denying information given by other members, and I doubt enough details are given here for them to pinpoint anyone, find where they live and act up on whatever information they found online.
A few months/years back, there was a member who said that they worked for USCIS. He was here with us because he was engaged to someone from another country. He was nice enough to answer questions (you can still find the "interview" somewhere on VJ) and he said that most people at USCIS are not aware of VJ, or if they are, they do not visit it.

Lisa,
1) you have 2 identical posts running right now. Moderator please combine.
2) You don't have your terminology straight.
An illegal alien is somebody who entered the US without permission, without inspection (EWI), and his presence is undocumented to the US Government. That's a crime, comparable to you coming home and there's a strange guy in your house who entered through the back door and engages in funny business.
An EWI can never adjust status, not even by marriage to a US citizen.
You, in contrast, entered the US with permission, with inspection, and the US Government knows about you being here. You just overstayed, much like you had been invited to a party and are still hanging around when it comes to an end. That's a civil infraction, and the punishment for it is . . . nothing. There is no punishment for it, but once the hosts realizes that you are still in his house and asks you to leave, you have to. Not a punishment, just common sense.
3) The US Government understands that children have really no choice when parents drag them along. Therefore, illegal presence is not accumulated until 180 days after the 18th. birthday. I have no clue why you would claim you became illegal at age 17, but that's not true. Your overstay started at age 18-1/2 and had you left by then everything would be cool.
4) Until a few weeks ago, I would have told you that you don't have anything to worry about. Lately, however, the whole AOS from VWP has become somewhat of a big unknown. It may work, or it may not work. If it won't work, you'll be ordered deported with a 10-year ban attached, which would need to be overcome by two waivers, none of which is easy to get.
In your situation, all you can really hope for is that you get lucky. There's really no alternative short of waiting for comprehensive immigration reform.

I'm in the same basic situation (I was in the U.S. visiting my boyfriend, we got married after 6 months and we have now been married for 3 years. We don't have a lot of money, so it took us that long to save up).
Like you, I don't have an SSN yet, but we were able to get my name added to:
Electricity bill,
Garbage Collection bill,
Internet Bill,
Phone Bill.
When he renewed his credit card, he was also able to get a second one for me, in my name (still his account tho).
We also had the taxes for the past three years amended to Filing Jointly Married (our previous tax person had given us bad information and said that my husband had to file as Single because I didn't have an SSN and therefor could not be added. We spoke with H&R Block and learned that we can in fact file Married Jointly and use an ITIN for me, instead of SSN.)
To our package, we are also adding random receipts that feature both our names. For example, we had to take one of our dog to the vet a few times. One receipt is in my name and another is in his.
I have also seen people including membership cards to Costo and things like that.
We are also including affidavits from friends and 6 pictures (2 from the wedding and 4 from random every day life).
*** edit ***
There ARE companies that refuse or cannot add a second name. In those cases, we had them add me as a "contact person" or "authorized user" and had them mail us a letter stating so.

These points may be relevant to the OP or other people in a similar situation...
First, it is not illegal to come to the US and get married with a visitors visa or other non-immigrant entry. It isn't even illegal to intend to do so. What is illegal is using a non-immigrant visa or entry pass with the preconceived intent to immigrate. Someone planning well in advance to come to the US with a non-immigrant visa, get married, and then return to their home country would be violating no laws. Someone planning well in advance to come to the US with a non-immigrant visa and then REMAIN in the US is guilty of preconceived intent. This doesn't apply for visas where immigrant intent is allowed, such as dual purpose visas and K visas.
Having preconceived intent is not technically "forgiven". It is always a factor, and if determined to be true, it is considered a serious adverse factor. Being married to a US citizen is considered to be a strong positive factor. Preconceived intent alone is not enough of an adverse factor to overcome the positive factor of being married to a US citizen. This is established by the case law that Bobby mentioned. The risk is if you ever misrepresented your intent, either to the consular officer who issued the visa or the CBP officer who granted your entry. For example, if the CBP officer asked you point blank "Do you intend to get married in the US?" and you answered "No", and then USCIS discovers your spouse applied for the marriage license two weeks before your arrival, that could be construed as misrepresentation. That would be enough to deny the AOS and ban the alien from the US for life.
When people consider whether to apply for AOS after entering the US with a non-immigrant entry pass and getting married, the factors they should consider are:
1. Did I intend to do this when I entered the US? If the answer is yes, then don't do it.
2. Is there any evidence that might cause USCIS to conclude that I intended to do this? Even if you didn't have preconceived intent, USCIS can conclude you did if they find evidence to confirm it. You may or may not have a chance to defend yourself against the accusation.
3. Did I make any statements, written or verbal, to the consulate or CBP, specifically stating that I did not intend to immigrate? In the presence of evidence of preconceived intent, this would constitute a misrepresentation - an inadmissibility that carries a lifetime ban.
4. If my AOS is denied for misrepresentation, what are my chances of appealing the decision and proving my intentions were innocent? It depends on the conditions of your entry. VWP visitors, for example, waive their right to appeal, so the decision by USCIS cannot be reviewed or appealed.

I haven't been trough the interview process yet, but I can understand why random questions pop in our mind. The whole process is stressful and the more you wait, the more you start to wonder about small details.

Yeah, there's an internal memo going around. "Don't approve people based on what they tell you, approve them based on their ability to understand the forms!"

it's that simple. You will need to include the non-english document with the translation document.
and