Merrytooth

What kind of job is your father going to hire him for? For most types of work visas, the employer has to demonstrate that the job requires extraordinary skill or talent, and that they've tried without success to find an American citizen or resident to fill the position.
He could apply for a student visa. He'd need to be accepted by a school in the US, and prove he could pay for the tuition and support himself while he's here.
If he just wants to come and visit for up to six months then he could apply for a B2 visitor's visa. Those are pretty hard to get in Thailand.
Other than that, your choices are a fiance visa or spousal visa. With a fiance visa you'd need to marry within 90 days of his arrival or he couldn't stay. With a spousal visa you'd have to marry before you sent the petition.
There are no boyfriend/girlfriend visas.

Ok. In that case, and since you've filed for the divorce, her only option is VAWA. I don't believe your parents are as naive about this as they pretend to be. On the one hand, your mother said she didn't know that a claim of abuse was the only way your wife could stay in the US. On the other hand, she said they'd take you to court and make things difficult for you if you didn't cooperate. I think they're being less than honest with you.
Save all correspondence. Call ICE. Hire a lawyer.

For 9 years he knew he was living "outside the law" or whatever you want to call it. He made a lot of choices along the way and this is the end result of those choices.
He chose to start a family when he was aware of his lack of legal status. That doesn't make him a victim. His kids are victims of his arrogance though.

The US Government realizes that children have no say in where parents take them. Therefore illegal presence is not recorded until the child becomes an adult. At age 18, however, the argument "because of my parents" doesn't hold water anymore. An adult is responsible for his own actions, including getting married, knowing that deportation can happen at any time, and including making babies, knowing that deportation can happen any time. Had he left the US between his 18th birthday and 179 days following it, he could have entered the US with a CR-1 visa again without any ill effects.
Secondly, nobody is tearing a family apart here. They can choose to continue living together, for a change in his home country.
If he leaves but his wife decides to stay in the US alone, it's not the US Government's fault either.

No one that is not a survivor can understand how warped these people are and how evil they are. And they can look normal to everyone around them. They do tend to be abusive at home, controlling and will try to hold their prey hostage by limiting social contact. For every story we hear on VJ of some poor woman that gets to this country and is used as a sex slave by an uncaring partner you can bet there are 10 more that can't get to the computer, phone or the door. Does it matter that the victim was a 9 year old or a 25 year old ? Does it hurt less to have your face busted open because you don't know the details of oral sex. It is more of a betrayal to the 9 year old but it is no less of a crime. These people tend to repeat their behavior with victim after victim because they blame the victim and see their behavior as acceptable. Why do immigrants need the extra protection ? Because they are usually traveling half a world away from their family and may have language issues also when it come to getting help and support. Any person that abuses another for personal/sexual empowerment doesn't deserve the right to seek to import anyone in the name of love.

So, why are you trying to expedite? There undoubtedly are many individuals who have been severely effected from this catastrophe who are alsowaiting on the USCIS, and you are going to try and jump on the bandwagon? *shakes head* My heart goes out to all those who have been effected - losing homes, loved ones, and life as they previously knew it, in Japan and beyond.
I'm not all fluffy and going to tell you good luck like others. This seems selfish to me and you are seeking to utilize the misfortune of others to your own benefit. Requesting an expedite due to the earthquake is completely different from your having to wait 6+ months. I do hope you get your NOA2 soon as you have clearly waited your turn and been patient for so long, but really frown upon such an expedite request.

The policy statement in the DHS response to the Bradley v Holder Supreme Court case was in response to the plaintiff's assertion that jurisdiction should be given to the immigration judge when the alien is in removal proceedings, as would normally be done in non VWP cases. DHS made the argument that USCIS retains jurisdiction in support of the policy of denying AOS to VWP overstays. I don't see how reiterating that policy to USCIS field offices changes anything. I don't recall anyone whose AOS was denied because the USCIS field office claimed they lacked jurisdiction. In each case the field office was asserting it's jurisdiction.
I think Mr. Sapochnick is misreading the message from USCIS (again). Jurisdiction has never been the issue here. The question is whether USCIS can deny AOS on the basis that it constitutes a form of appeal when someone has overstayed - something which a VWP entrant has waived the right to do. Until we see a memo from the director that addresses this then the other shoe hasn't dropped, and the fat lady hasn't sung.

Call ICE as advised and follow-up with written documentation. Honestly I think with the big time lapse between her AOS denial (think I am remembering this correctly) and now she really has little chance. She is most likely already in deportation proceedings.
Good proof might be records showing you never really even lived with her in addition to the records mentioned by V&T.

Forgiving overstays for everyone would not be leveling the playing field at all. Most countries are not participants in the VWP, and most people in the world have no hope of ever getting a visitors visa to the US. The fact that the law allows AOS for visitors at all already unfairly favors people from first world countries. This route has become what it was never intended to be - a de facto alternative to the immigrant visa process for people who are privileged enough to get into the US as a visitor.
The only way to level the playing field would be to require every immigrant to get a visa that allows them to immigrate.

I find it interesting how people ask for "advice" and "opinions" then get their panties in a wad when people don't give them answer they want or expect. Why bother asking if you've already made up your mind?

This is a rather straight forward situation.
The US Government realizes that children have no say in where parents take them, thus illegal presence in the US is not being recorded before the child becomes an adult, which is at age 18. Thereafter the "it's my parents' fault" defence becomes invalid and the now adult is expected to do the right thing: leave the US.
Since the bar for overstay is not triggered before the now adult has overstayed for 180 days, that leaves him with half a year (until age 18-1/2) to depart and enter again legally. I usually advice people in this situation to be a good student, get a High School Diploma, then apply at the local community college as an international student (they know exactly what that implies), get an I-20 form issued, leave for Mexico, and then apply for an F-1 visa and return with inspection. Even if the student then drops out of college a week later, he still had entered legally and is eligible to adjust status when getting married to a US citizen.
In the case in question, the husband apparently did not enter or reenter the country with inspection; thus he is not eligible for AOS. To become legal, he would have to leave the US at which point he would trigger the 10-year bar. It would require an I-601 waiver which would require a top-notch waiver attorney to pull this off successfully. I wholeheartedly recommend Laurel Scott for this job. She's the best there is, and she's a great person as well. Laurel can be reached here: http://scottimmigration.net/

If your ex-husband didn't show up at the interview then your previous I-485 has already been denied. You would have had 30 days to file a petition to have it reopened. I'm presuming you didn't do that. Also, the EAD you obtained from the pending I-485 was canceled when the I-485 was denied. If an employer files an I-9 or uses eVerify to determine if you're eligible to work then it will probably come back negative. The expiration date on your EAD is no longer relevant.
I imagine the waiver you mentioned is the waiver you can file to remove conditions on a conditional green card after divorce. Your green card wasn't approved, so there's no waiver you could file.
Did you enter with a visitor's visa, or did you use the Visa Waiver Program?

I am sorry for being so blunt, by why should you get special treatment just because a relative works in a a USCIS center? YOu should wait your turn just like everyone else.

Firstly, please don't be offended but did it not occur to either of you that by overstaying her visa, your fiancée was in fact breaking the law? You may not have been aware of the consequences of her overstaying, but just because "she wasn't breaking any other laws" doesn't mean in the slightest that what she did is acceptable!
The way your post comes across is kind of childish if I'm honest - "this country is suppose to be about freedom. and now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the only woman in this world for me, the woman I love" - the US government don't really care if you are in love, your fiancée grossly violated the terms of her last visa by overstaying a very long time (14 months) and yes, that is going to count against you both! There would not have been any problem if she had returned home before her visa expired, but she didn't so now you've got problems. USCIS will not view her overstay as "something so harmless" - immigration law is just as important as every other law. Just because you say she didn't break the law in any other way doesn't mean that they will overlook her breaking that law! It may seem ridiculous to you, but this is definitely not a case of "rules are there to be broken"! Don't mess with US immigration!
You could try to get an immigration attorney to take your case but I doubt that they will be able to undo the damage your fiancée did by overstaying. Also, an overstay of 14 months isn't considered minor - the length of ban one receives for overstays depends on the amount of time they overstayed: anything over 180 days but under a year means an automatic 3 year ban, and more than a year of overstay equals an automatic 10 year ban.

I am sorry if this comes off as insensitive, but just because "this country is supposed to be about freedom" does not mean people are free to break the rules and suffer no consequences.
Hopefully someone here with experience in overstay issues can help you out. But please do not blame the country or the rules because of a mistake that was made on your part.

No, it's definitely not an extension of the visa.
You're confusing two different things here. The visa allows her to enter the US. That's all. She'll be granted a period of authorized stay when she enters. The I-94 she fills out will be stamped by CBP with the entry date and length of authorized stay. The class of entry will also be written on the I-94 (e.g., B2 in this case). How long she can stay in the US is determined by the dates stamped on the I-94 - not by the validity of her visa. Most B2 visas are valid for 10 years, but CBP never grants 10 years of authorized stay to someone with a B2. The statutory maximum is 1 year, and six months is the most common. Your MIL was apparently given a much shorter duration B2. The consular officer has the discretion to do this if they are suspicious. The other option would have been for them to deny the visa altogether.
The I-539 is for requesting an extension of the period of authorized stay, or for requesting a change to a different non-immigrant status. It's not for extending the validity of the visa. There is also no need to extend the validity of a visa while the alien is in the US because the visa is used for entering only. As explained above, the visa doesn't determine the length of stay. Once outside the US, an alien would have to go to a US consulate if their visa is expired. Consulates don't usually extend a B2 visa. They just issue a new visa with a new expiration date.
If the consulate issued a single entry B2 then they probably weren't satisfied that she has sufficient ties to her home country, and suspected she might try to immigrate if allowed to enter the US. They decided to give her a chance and allow her to enter one time. It's highly unlikely she could go back to the consulate now and have the visa changed to a multiple entry visa. The consulate has already basically said "no" to what she's wanting to do.

Ha! Does doing everything for her always include having a hissyfit over a non-issue? It sounds like the OP is the one who needs to grow up not his fiance. Hearing this story I doubt any woman on this thread would want to be with this man.

Hi I am his ex finacee. I am not going to write whether i'm right or wrong but yes i will just put down how behaved with me post NOA2.
The night we received the NOA2, we both were jumping and expressing our happiness, I went running to my parents to tell them 'we have done it at last.'They were happy too.
2nd day i was little upset for something that happened in my family and i was not being able to show how happy i am,but later i kept telling him 'i am happy but somehow its sad out here' I am leaving now,this feeling is making me sad but i am happy i will finally live with u. 3rd day,he called me from office and i spoke in normal tone,not happy not sad,i dont know what went wrong he screamed from the parking lot 'im tired of your ###### sadness,your ###### sadness' and also some slang he used on me in my mother tongue,this was my first shock.I don't know this man,never lived with him, so of course i kept telling him i am scared of u, he said he is sorry, i said ill be really scared if u scream like this when we fight in person (trust me it was not normal scream,he was at the top of his lung in a public place and over the phone with me, and the reason being I AM NOT SHOWING HIM EXCITEMENT) well, i was happy but tensed for 'n' number of reason which the petitioners here won't understand much but the beneficiaries who r leaving for good might.He told me if he ever gets angry and wants to shout in person he would leave the house and go out.I mean its not too normal for Indians here.
Later we made up and again he started with same topic i am not showing him excitement, i felt getting mentally tortured when he was doing this, i was going to office, he knew it i am going to office and i am howling requesting him to hang up,but he won't his only statement was 'don't go to office, its not a good day for u to go to office',he doesn't need to show me concern after he had made me cry already,he need not do it at all.I might not have reacted how HE WANTED me to react,but he can't deny,everyday i told him i was happy that we got NOA2. I just couldn't explain it to him till end,when i asked my mom to tell him that i was happy.My mom made him understand that 'she is happy but may be she is little scared to leave for good now,she will be actually happy when she will meet u and start her life for good'. He then understood.We patched up.
Next after this we had several small fights,but the worst was the valentines day.
I DID SEND HIM GIFT BUT IT DID NOT GET DELIVERED,I KNEW HE WONT BELIEVE ME SO I GAVE HIM THE FLORIST PHONE NUMBER WHICH WAS A USA NUMBER,THEY CONFIRMED I DID SEND HIM THE GIFT BUT THEY WROTE THE ADDRESS WRONG. SO IT WAS NOT MY FAULT. (I HAVE STILL NOT GOT REFUND,WHICH I DON'T CARE ANYWAY, I DON'T CRY OVER MONEY). I CALLED THEM TO ASK WHY THEY DID NOT DELIVER, THEY APOLOGIZED BUT NEVER DELIVERED THE GIFT, I WAS TOO SAD FOR THAT,I TOLD MY EX I AM SO SORRY AND I AM REALLY SAD IT WAS NOT DELIVERED.HE WAS OK THAT DAY, NEXT MORNING I WAS SLEEPING HE WOKE ME UP WITH A VERY RUDE VOICE,HE TOLD ME I HAVE TO DO SOMETHING FOR HIM THIS TIME AS HE DID SEND ME GIFTS AND I TRIED BUT FAILED.HE THREATENED ME IF I DON'T DO SOMETHING FOR HIM HE'S GOING TO HOLD THIS VISA PROCESS, I WAS LIKE 'WHAT ARE U SAYING? THIS MIGHT BREAK OUR RELATION??' HE TOLD ME 'YEA I KNOW,GO TELL YOUR DAD YOU ARE NOT COMING TO USA NEXT FEW MONTHS(WHEREAS MY PARENTS ALREADY APPLIED FOR THEIR TOURIST VISA WHICH THEY WOULD HAVE USED TO DROP ME TO MY EX IN USA,AND NOW THEY HAVE THE CONFIRMATION TOO) AS YOUR FIANCEE IS HOLDING THE PROCESS'. I WAS SHOCKED,I ASKED 'WHAT U WANT ME TO DO'? HE SAID GO TO THE INTERNET AND DO SOMETHING.SO I WENT TO THE INTERNET AND SEND HIM E-CARD AND EMAIL AND SEND HIM SOME PICS OF ME AND MY FAMILY.I DID NOT KNOW WHAT ELSE TO DO TO MAKE HIM HAPPY.I WAS TERRIFIED AS HE GAVE ME ONE WEEK TIME TO PROVE MY LOVE.
HE REPLIED IN HIS E-MAIL:
I don't know what you've done over the internet for me except for the e-card you sent. You would have sent pics of your bro's engagement anyway regardless of Valentine's Day. I don't know if you're counting that or not but I cannot count that as a Valentine's gift for me. So if you think you cannot do something to make up for it, this problem will remain unfixed and I cannot proceed further with our visa. And I really have heard a lot of apologies. All I want now is action. I cannot settle for nearly nothing again this year while I gave everything. That is not fair to me. I am deserving a Valentine's gift this year, and I cannot let this go by. So I hope you know what to do before the week is out.
I DON'T NEED TO PROVE MY LOVE I THINK.I DID WHAT I COULD.I MAY NOT BE RIGHT,BUT YES HE DESERVES A GIRL WHO CAN LIVE UP TO HIS EXPECTATIONS.HE KNOWS HOW MUCH I HAVE PRAYED FOR US.AND NOW I FEEL I HAD BEEN A FOOL.I DON'T EXPECT HIS PARENTS TO UNDERSTAND ME AND NOT CALL ME 'HEARTLESS AND CRUEL' BECAUSE THEY DON'T HAVE A DAUGHTER.
I DON'T WANT THIS THREAD TO CONTINUE,I DON'T KNOW WHY HE STARTED THIS THREAD,MAY BE TO MAKE ME LOOK BAD,BUT IF THAT MAKES HIM HAPPY.ITS FINE. I KNOW WE WERE NEVER MEANT TO BE AFTER ALL THIS.

I agree completely with those who say you are out of order. As the USC, you should know this is a free country, not to mention being the 21st century. She owes you nothing; least of all for "all" the money you spent on her visa. WTH! If you loved her, you would have been equally willing to give up your life in the US and move to India, right?
Honestly, I'm glad she was able to see your true colors and break free of a chauvanist before she put on mehendi and a wedding necklace, to say nothing of moving halfway around the world to a place where she would have been completely cut off from her support network of family and friends. You have a lot to learn about women, mate, starting with respect. A fiancee is your future wife and is deserving of your respect, esteem, and love. Yet, you throw a hissy fit and accuse her of not loving you *enough* because a florist goofed and you didn't get a present on a commercial holiday. She is the one who will give up everything to be with you; all you've shown a willingness to "sacrifice" is a few hundred dollars.
So, yes, you are out of line. I wish you much luck in your maturation process. Hopefully you will learn the right lessons from this experience - including how to respect the woman who will be your eventual partner in life.

Wait, the petitioner died and the beneficiary is already wanting someone ELSE to petition for her?

I respect the fact that you poured your heart out here, you're hurt, I get that. But like the above poster writes; you did not understand why she went into the hosp. and then you did the same.
I'm not pregnant and do not have raging hormones - and I think your response is way off base.
Good luck.

From your posting it sounds like you are stuck in your own egocentric world. She got you a Valentine's present and it got lost, so what? She did try, what else do you want from her. And then you go off and have a hissy fit about her not caring about you when she did send something.
All you did was call to see how she was doing in the hospital. It seems like her family was trying to see how far you would go for her (you did say you would do anything for her) but you didn't try to visit. You don't know if the message from you ever got past her parents, she may think that you didn't care about her while she was sick.
How is it that when she is sick she gets one phone call from you but when you are sick it is a total meltdown....?

I don't know if it's the fact that I'm pregnant and have raging hormones or what but you seem to be a jerk to me. You tell her you want to hold off on the visa cause she didn't say Happy Valentines day to you. She sent you a gift it was the florist fault you did not receive it. To me that's a threat, telling her you do as I want or else I will hold this visa over your head. That is probably how her parent's see it also, the threats are already starting in their eyes and like any parent they want to protect their daughter.
Then you find out she is in the hospital, and you question her father how can some little argument do that to her, but then you end up in the hospital over all this and get mad at her cause she is not jumping at your side calling none stop etc. Seems to me you are just as immature as she is.
Moving and leaving everything you know and love is not easy for anyone, no matter the age. Some ppl do have very close family and family is a big part of their lives, some ppl can not handle it other's manage to make it through but it is not done over night.
Again this is how I see it from your post.

If you're just going to tell everyone who doesn't say what you want to hear to go away then why bother posting at all?
It's great that you believe with all of your heart that your wife has been put under suspicion unfairly. There are a lot of men who would react the opposite. Unfortunately that faith in your wife doesn't do much to move the US Embassy's Fraud Unit.
They don't just randomly harass visa applicants, for some reason they believe she fits some profile. It may be something that was said at the interview or something that was found during background checks. Even if they eventually find that they were mistaken there really is not much that can be done other than be supportive of her until the process is complete.
When my wife interviewed in the Philippines she got worried because the pre-screener made a big deal about her son since the father was listed on his birth certificate. She kept trying to get Anna to admit that she was already married before me. Then when Anna interview with the CO he said they needed to verify her CEMAR (Certificate of Marriage(s)) to confirm that I was her first & only husband. We anticipated this and Anna had a fresh CEMAR on hand to give to the CO. Of course this addressed the concern and approval was given.
My point is: Did it offend us that they suspected Anna of Fraud, sure it did as I love her and any accusation of such is offensive. Now if either of us reacted in outrage would it have had the same effect as remaining calm and reminding ourselves that it isn't something personal to them, they are doing their job which is to protect our borders and prevent fraudulent beneficiaries from getting to the US.
Nothing can be said or done to relieve the heartache caused by the additional wait. If you want to seek assistance from you congressman or senator then be calm and ask them to find out of the Embassy would like any additional evidence to clarify something so they can resolve whatever doubts they have.