Merrytooth

Please Post some pics of your girlfriend, It will help me decide the correct answer........

TOS requires a minimum 100 word description of OP's problem before it can be taken seriously.

It's your inner self telling you, "Don't do it, fool!"

Hey everyone...
Junior has been in the U.S. for 30 years. Let's pretend he doesn't know the meaning of "cold feet."

Brace yourself because this is going to sound a little harsh...
Your fiance didn't read the form instructions. Even without the VJ guides, you could have successfully submitted the I-129F petition AND included all of the required supporting forms, documents, and evidence just by exactly following the instructions for the I-129F form.
You don't need "proof of relationship" with the petition. You DO need proof that you've met, face-to-face, sometime in the last two years. You also need original statements from each of you indicating your intention to marry, and you may provide additional evidence to support your intentions. All of this is covered, in painful detail, in the form instructions. The form instructions also tell you to submit a G-325A form for each of you, and THAT form also has instructions. There is also evidence that must be submitted, and other evidence that may be required, depending on your circumstances. Again, it's all covered in detail in the form instructions.
I have seen other cases where people didn't read the instructions, and sent only the I-129F form, and they got a lengthy RFE asking for all of the additional required forms, documents, and evidence. I've also seen cases just like yours, where the petition was flat out denied. A USCIS adjudicator receives guidance in the Adjudicators Field Manual to send an RFE rather than deny when a case would be approvable if further evidence were provided, but this is a discretionary call the adjudicator makes. If they received none of the required evidence then it's understandable that they might not have the patience to play RFE tag with someone who clearly doesn't understand what they were supposed to have done.
It's also possible that your fiance blew some extremely important declaration on the I-129F. For example, did he check the "married" box for either of you? Did he fail to indicate how he acquired his US citizenship? Did he check "no" to question 18 - have you met and seen each other within the past two years? Did he check "yes" in response to the criminal conviction questions in part C? Did he fail to sign the form? Any of these would be sufficient reason to deny the petition outright, though some of these could have been overcome by providing the appropriate evidence.
Is your fiance subject to the IMBRA filing limitations? If so, did he include a request for a waiver? Don't know what I'm talking about? Of course not, because you didn't read the instructions.
Look, I'm not trying to rub your faces in this, but you and your fiance need to understand that the US government is beyond ####### when it comes to getting immigration paperwork right. They will not take you by the hand and walk you through it. They publish detailed instructions, and they expect you to follow them.
A minor point on semantics - don't refer to the I-129F as a "demand". There are many things which Americans have a right to demand of the government, but immigration is not one of them. Every immigrant visa petition is a "request", and a request can be denied.
Read the guides. Read the form instructions. File again.

They're not going to presume you're a Canadian just because you're entering from Canada. If you present a French passport then you're going to have to clear immigration. You might get away with it if you present your green card (presuming it's not expired), but they're probably going to ask when you left the US. If they decide to check you through their computer system then you're caught.
What you're suggesting is that you'll try to sneak back into the US without getting caught at the border. This might work, but the fact that you were gone for three years is going to be hanging over your head forever. When you apply to renew your green card they might ask about your absence, and when did you return. If you decide to claim you returned in less than a year then they'll demand you to prove it. When you can't they'll conclude you lied to them, revoke your green card, and ban you from the US, possibly for the rest of your life.
Penguin_ie's suggestion to go through Dublin is very good. There is a US immigration pre-clearance station in Dublin. This will give you a chance to see if you can clear US immigration without having to travel all the way to the US. Just make sure you purchase a refundable ticket just in case you're denied.

Your mindset is totally misguided.
The US government doesn't care how much hardship you endure. You are a foreigner, in the US without authorization. On top of this, you have been convicted of not 1, not 2, but 3 felonies, and you've been making babies like a rabbit with different women without concern to the well-being of these children, which should be your main responsibility in life. Uncle Sam has no interest to see you staying in this country, nor do the American people in general. I'm sorry if this sounds harsh, but that's the reality you'll have to accept.
The only reason an I-601 waiver would be approved is if your wife can show that she will endure extreme hardship if you can't return to the US before 2021 or 2022. She will also have to prove that it is fairly impossible to live with you, her loving husband to whom she pledged to share a life with come hell or high water, in your country of citizenship or residence. While it is possible to prove this, I'm not even sure if the 3 felony convictions you have don't make you a persona non grata and thus ineligible to ever set foot on US soil again. It really depends on the crimes themselves. Your case really demands that you get in touch with a competent immigration attorney and see if there's anything that can be done, which I, frankly, doubt very much.

You can send the I-751 yourself. There is a check box on the form that allows you to request a waiver of the joint filing requirement because your marriage ended in divorce. You'll need evidence to prove you entered the marriage in good faith, and not simply to get an immigration benefit. The waiver can't be approved until your divorce is final. USCIS will require a copy of the divorce decree. If you don't have the divorce decree by the time your conditional green card is about to expire then go ahead and send the I-751 without the divorce decree. USCIS will eventually send you an RFE for the divorce decree. Hopefully, you'll finalize your divorce and have the decree in hand in time to respond to the RFE.
The fees the lawyer is asking for are outrageous. It's unlikely your case would require more than a few hours of his time. Your success doesn't hinge on having a well qualified attorney. Your success will hinge on how compelling your "good faith marriage" evidence is.

Are you for real?

The case was dismissed yesterday at the courthouse!!! I am so happy!Finally my husband could come back home! Both of us almost cried when we got out of the courtroom and finally were able to talk and hug - it is over!!!
Thank you everyone for support and kind words to me!)))

Just to clarify some points that have been tossed around...
You cannot withdraw the petition. She entered the US with the K1 visa, so the benefit requested with the petition has already been granted and used. The K1 petition was closed when she entered the US.
VAWA has provisions for an unmarried victim of domestic violence to receive assistance from the US government. However, the immigration benefits of VAWA are only available to the SPOUSE of a US citizen or LPR. She didn't marry the petitioner, so she can't get a green card through VAWA, regardless of whether or not she has any evidence.
So far, she hasn't violated any laws. Just as you aren't compelled to marry her, she is likewise not compelled to marry you. However, USCIS will certainly want to know what happened so that it can be noted in her case file. If nothing else, this would be considered should anyone else ever petition for her. Tell USCIS that she pulled a runner and has hooked up with someone else, and that you no longer intend to marry her.
If she ends up talking to anyone who knows anything about immigration law then she'll discover she's cut off her only pathway to remain legally in the US. Don't be surprised if she comes back begging. Be very very careful.

My wife and I were apart for two years. The only time we were together was when I could get a short holiday from my work and travel to her country, since the possibility of her getting a visa to visit the US was zero.
I understand that it can be a little bit of a shock when you first discover how long this process takes, but maybe a little perspective would help. This is a lot more than simply some "stupid paperwork". Two departments of the US government have been charged by the US Congress with the responsibility of managing immigration into the United States. This responsibility includes ensuring that the US isn't overwhelmed with more immigrants than we can assimilate, ensuring that the American taxpayers aren't saddled with the burden of providing support for new immigrants, ensuring that the immigrants aren't criminals and are eligible to immigrate, and also ensuring that the US citizens and permanent residents aren't duped by foreigners into relationships where their real intent is to obtain an immigration benefit and not a sincere relationship. Both the Department of Homeland Security and Department of State have become reasonably efficient at handling immigration applications. The amount of time spent on each application, from petition to green card, is actually only a few hours. The problem is the sheer number of applications they have to handle. The US is the top immigration destination in the world, by a very large margin. Yours is one of tens of thousands of similar applications they will handle in a given year. It makes sense that you're going to have to wait in line for a while.
You do have the right to marry whomever you want, at least in the United States. What you don't have is the right to provide immigration status to anyone you choose. Immigration isn't a right for anyone. It's a privilege that you must request, and it can be denied. However, the law does make numerous special concessions for US citizens and their immediate relatives. Most types of immigrant visas are subject to strict annual numerical limits, and many immigrants wait in line for many years for their turn to immigrate. There are no limits for immediate relatives of US citizens. Many people who want to immigrate are barred from coming to the United States for relatively small crimes or immigration violations. Immediate relatives of US citizens can have that bar lifted if their US citizen relative can show it will be a hardship to them. Most permanent residents have to wait five years before they can apply for US citizenship. The spouse of a US citizen only has to wait three years. The list goes on...
The point is that once you see things in perspective you'll understand that the situation for your fiance is already substantially better than it is for most intending immigrants. In fact, it's better than it is for many intending immigrants who are also fiancee's of US citizens. At least your fiance can get a visa to visit the US. Most people in third world countries would never have that opportunity. That cup looks pretty empty when it's the only cup you're looking at, but when you compare it with all of the other cups it begins to look pretty good by comparison.
Take your time and study the process. Once you cross the finish line you'll realize that it wasn't nearly as bad as it looked when you were standing at the starting gate.

Correct, however, if there is a denial, there's no appeal when adjusting from VWP. Did the lawyer mention that not only the marriage but also the AOS filing must occur BEFORE your 90 days is up? Did the lawyer address the additional risk resulting from having already declared your immigrant intent with an I-129F petition and letters of intent to marry? Four months into the process, I would just follow through with the K1 if it were me.

You already filed the K-1 and have a NOA1?
If so its not advisable to marry and try to AOS from VWP, with a pending K-1.
Most lawyers want money and don't really care about what happens to the people involved.

INA 216(a)(6)©(ii):


(ii) FALSELY CLAIMING CITIZENSHIP-
(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any other Federal or State law is inadmissible.
There is a narrow exception for someone who lived in the US prior to age 16, and both parents were US citizens, and the alien reasonably believed they were also a citizen.
The ban associated with a violation of this section of the law is not limited, nor is any waiver possible. Someone found to have violated this section is inadmissible forever. If your friend is ever caught then he will be deported, and he will never be permitted to return to the US. Of all of the immigration violations someone could commit, this definitely ranks among the most egregious.

I am assuming this person is you, because you have so much information on what sort of applications were forged. Starve to death and not work? "Not purposefully?" You lied, or your friend, and are not supposed to be here. It's illegal, and we respect the law in this country.

Godhelpme,
I didn't want to respond to this again, probably for the same reason Jim stayed out of it, but your case is a really weird one, starting with the way you arrived here, tried to adjust status, and adjusted every possible way to stay, including non-viable venues.
I used to do auto racing for many years as a privateer, and when you do that you need to know that speed costs money, hence everyone asks you: how fast do you want to go? I spent so much money on my hobby, I could have bought another single family home in California, and they aren't cheap here. Luckily, I retired from auto racing when I turned 50, and looking back today, it almost seems unreal. They say racing is an addiction that can only be cured by poverty. In some way, you are on a similar path.
I understand your desire to stay in the US as long as possible, but, frankly, to me it looks like you need to realize when the game is over.
An attorney's job is to assist his or her client, but the attorney has also a desire and a need to make money. You can exhaust any possible option, appeal the heck out of it, but it will only buy you time, whereas the end is certain: you'll be going home.
I seriously feel your attorney rides on your desperation to stay as long as possible, at any cost. She'll write letters and appeals as long as you write the checks. At some point, when all has been said and done that can be done, she'll say she tried everything. True. But she did it knowing that your chance of success would require a miracle from the gods themselves.
Thus, and in light that you spend silly money on this already, I would advise you to contact an expert like Laurel Scott. Spend $350 to sit down with her in person (not any of her associates!) for a whole hour and talk about your case in detail. She knows more about immigration than I and you could learn in a lifetime and is so honest that it hurts. Most importantly, she won't BS you but tell you if you have a chance or not.
You can reach her here:
http://www.scottimmi...ontent/about-us

LOL. Wow. You still don't get it. All of the advice you received was aimed at helping you avoid the potential serious repurcussions of a denied AOS. The fact that you were successful does not negate the FACT that you took a risk and gambled with your husband's status. You can call realistic posts "horrible" if you want, but people were right to warn you repeatedly and stress the seriousness of the situation. Absolutely NO ONE had the goal of keeping you from being together and happy with your husband without "his proper documents". Everyone wanted to see you succeed and have him be a legal permanent resident. But the goal was to achieve that by the safest, most well-advised route. Also, NO ONE suggested that your marriage was not legitimate.
Getting approved doesn't change the good intentions of members who are better-informed than you, and it says nothing good about you to come back with a post like that. And what's with the jab at Asian and Latin American immigrant wives? Care to elaborate on just what the heck you mean by that?
Congrats and good luck; but please don't ever give anyone you meet immigration advice, because, as I said, you still don't get it!

No, I"m not planning on committing visa fraud, that is the last thing I want to do. After numerous phone calls to both USCIS and Customs an Border Protection, as well as a brief conversation with an attorney's office (legal secretary), what my fiance and I are planning seems okay. I want to put these details on this site to see what experienced people may have to say. I am an American citizen and my fiance is Brazilian. She has a 15 year old daughter. For many many reasons, we would like to get married in Brazil in July. Unfortunately because I am divorced the process is long and very very expensive. So we've decided to marry here in New York. We will be completely honest with the Customs Officer at the POE (Kennedy Airport, NYC) and after a conversation with the Supervisor In Charge at Kennedy Airport I feel very confident that my fiance will be granted entry. The Officer advised me of the documents needed to show that my fiance would indeed return to Brazil. Those documents have been discussed on this site many times I see. Because my fiance would declare her intent, there is no visa fraud, and she has strong ties to Brazil that should make the officer confident that she will only be here in the States for a week or so.
I asked USCIS about all of this, and they see no problem with it either. Our intent is to marry, my fiance would then return to Brazil and we would file the I-130. We would then be free to have the religious ceremony in Brazil in July. Personally it is after the Religious ceremony that we will consider ourselves married:-) This plan is nice for us since we can file the I-130 and while waiting the fiver or six months, will still be able to spend some time together in Brazil as a married couple.
Anyone have a similar experience they can share, or maybe some comments / advice you would care to share with someone who 48 hours ago didn't even know what a K1 visa was:-)
Thanks...

And then they have to spend the rest of their lives worrying that the ex husband doesn't rear his head and try to immigrate to the US.
Oh well.

Can't agree enough. They will get caught, eventually, though. Many more steps down the line yet.

Many people complain here that the whole immigration process takes so long and involves so much bureaucracy. Here is a prime example why the background checks are not even thorough enough. If a bigamist can get a Green Card based on an invalid marriage to a US citizen, the system failed.

Though I am in no way an expert in immigration issues, I do not think there is any legal way to fix the situation with money. Your status does not "reset" no matter what you do - unfortunately, with immigration, you can't clean the slate and start over. What you did in the past is going to follow you all the way through.
What I still haven't been able to understand is where exactly the out of status occurred and how long you were out of status? Also, how old are your children? As long as they are under 18, they haven't started accumulating out of status days yet, so their best interest is to leave the US before they turn 18 to make sure their possible future immigration attempts won't be hurt by this.

The papers were served on him while he was in local jail in February, then when i filed the motion for final hearing i had to mail him a copy of that in Illinois where he is being held in Immigration detention. Yes he has a legal right to be present but i have a legal right to a divorce from an abusive person. The lady at the court said that they didnt realize that he wasnt just in jail but in fact being held by immigration but i would have to talk to lawyers and see if there is another paper or something i have to file with the courts. As for the phone calls, it doesnt matter if he is incarcerated or not, its a violation of the protective no contact order and has been done repeatedly and is also grounds for deportation, but the judge has to make formal charges of the breaking of it. The prosecution has been trying to reach immigration on that matter but immigration never returns their calls. I know the hearing date because there is a phone number you can call and if you have the A number you can obtain that information, however I CANNOT request the disposition as it is a violation of his privacy. I called and asked if i would be informed of the happenings of the case as it proceeded or if i would be informed if he was released or deported and was told no absolutely not because that is a violation of his privacy law and I cannot be given any information on his case unless he signs a release.
I know most court hearings are public however i am not sure immigration deportation hearings are.
Right now i am waiting for the pro se desk at my local court to open so that i can talk to a lawyer to see what i need to do to get this moving but I know that my only other alternative is to wait until his hearing April 25th, see if they release him or deport him. If they do either then i just go to my court and file another request for final hearing stating i do not know his whereabouts and the court will give me a paper to take to local news paper, once i have a copy of that newspaper ad then i just bring it back and they will schedule the hearing.
BUT, who knows what they will do at that court hearing, they may let him go, not likely since there was injury involved. They may deport him, or, they may keep him tied up for years in this. I am NOT remaining married to this man for years. I will find a way

Godhelpme - you said it yourself that your I-485 aka your Green Card application got denied because you failed to maintain your status in US. There are things that could be changed and things that can't be changed- like this one. I would say no matter how many times you are going to appeal this decision, you will still be out of status, therefore not eligible to move forward.