Merrytooth

I think you're in denial. Yes, I read the "particulars" very carefully. Mostly, they were not actually particulars. They were your understandably emotional and inexperienced interpretation of what you heard first and second hand. Unlike you, this ain't my first rodeo and I'm not emotionally involved. You can bet your boots, I "understood" better than you have any frame of reference to comprehend.
As for the "I" statements. You missed the point. You said, "There should..." when you are in no position to judge whether there should or should not be (whatever). I absolutely clearly understood your "There should" to mean, "I want" and/or "I wish". That you want it and/or wish it is understandable but there are reasons why "investigations" don't have time limits. The reasons they "don't" are the same reasons they "should not", no matter how much we may "want" or "wish" they would.
The Consulate's fraud unit IS doing and WILL complete their job, whether you want them to or not and whether you like how long it takes. You can spend your time berating them or otherwise spinning your wheels if you wish. My advice is to have that heart to heart, get down to the details talk with your wife and see what about the interview or her past may have triggered this. Perhaps you won't find an answer, but if you do, you'll then be able to start preparing any needed response.

Mr. Thai,
yes, you are correct, you have a problem, and it's a big one.
See, the B1/B2 is a non-immigrant visa. Not only have you been inspected, but you have been pulled into what is known as "secondary" inspection. The fact that you have such documents with you on a vacation indicates immigration intend. You were specifically asks about this and you . . . uhhh . . . lied when telling CBP that you felt insecure leaving those documents at home.
I am absolutely sure that CBP entered your statement, and that's what that is, into the computer under your file. The way I understand your post, you now got married and are planing to adjust status. If you do that, you will be denied based on material misrepresentation. It carries a lifetime ban from the United States.
If I were you, I would return to Vietnam and take the CR-1 route. Seriously.

Let me be brief.
They won't give you a B2. Why not? Because you don't need one. That's what the VWP is for. You want to stay longer than 90 days? Why? Because you have a fiance in the US whom you want to marry? That's why you won't get one. You tell 'em something else? Okay, then you get one but won't be able to do AOS because of material misrepresentation. Even worse as that would end your American dream for good.
That aside, the issues you have with CBP are the same, whether you arrive via VWP or a B2. If they don't like you spending so much time in the US, they give you hell.
All you can do is spend more time down under, then return and get married in the US. Then you return again and go the CR-1 route. Once approved, you'll enter the US as a lawful permanent resident, which is a Green Card holder.

I think this thread is a perfect example of the importance of needing to know what you're getting into when you emigrate or sponsor an immigrant. It is certainly wise to plan ahead for the unforseen expenses that may arise. Sure, you can't plan for everything, but having a 'Holy Sh!t' fund certainly helps.
It's all well and good to be in love and be anxious to start your new life, but 'omG I'm gonna die if the gov't keeps us away from each other a minute longer!!!!' mentality doesn't serve anyone well in the adult world.
Also - much like the 'effects' forum with the 'how do I get my spouse deported since the marriage isn't working out?' 'How do I revoke my i864?' threads, this one also clearly displays a lack of ignorance in the process, which imo is quite dangerous.
So, I guess to anyone reading this just starting out - plan ahead and know what you're committing to!
OP, I'm terribly sorry you're in this situation, I really am...and I hope things turn around for you.

WAS THIS POSTED AS A JOKE? Straight off the plane with your hand held out. I have seen and heard it all. Talk to your spouse.

You want to claim financial loss due to your own large wedding?

I understand the question about filing for the waiver in advance. What I don't know is the proper answer. I've honestly never heard of an I-601 waiver being filed in-country other than when it's submitted with an application for an immigration benefit. I would honestly be very surprised if it was accepted, much less approved. She's essentially asking to be forgiven for something that she hasn't stopped doing yet, which is being present unlawfully in the United States. And rather than asking for this waiver in conjunction with a request for an immigration benefit, she's asking for it to preempt the ban she's going to get when she leaves. I just can't wrap my head around how this would be possible. This is like stopping in the middle of the commission of a crime to call the governor and ask for a pardon.
An even more difficult question is the fact that a VWP entrant has no right to appeal or review. The reason her AOS was denied was because she became immediately deportable when she overstayed her VWP, and her AOS essentially constituted a request for a stay of removal - a request a VWP entrant has waived the right to make. I can't see how they'd deny the AOS on the basis that it constitutes a form of appeal and then NOT deny an I-601 waiver request on the same basis. You might be able to make a cogent argument that applying for AOS doesn't constitute any sort of appeal (though 7 Federal Circuit Courts of Appeal would disagree with you), but you'd be hard pressed to argue that an I-601 waiver request is not a form of appeal.
She said her attorney told her that she'd already past the 1 year overstay mark. This means she's got the 10 year ban. As her attorney told her, she's not going to incur a larger penalty by continuing to overstay. The only risk she takes in filing an I-601 waiver request is that the decision might be delivered by a couple of ICE officers with a pair of handcuffs. She's already gotten smacked down once by USCIS for trying to "speed up the process". I wouldn't be at all surprised if they smacked her down harder next time. There would be no deportation hearing. If an immigration officer signs a deportation order then she's gone.
Understand that what she did is not simply a matter of missing a filing deadline. It has always been the policy of USCIS that adjustment of status for an immediate relative of a US citizen after entering as a non-immigrant was an exception to the immigrant visa process, and not an alternative to it. She took a risk by trying to jump in front of the immigration line and she got caught. She could have still been denied if she'd filed for AOS before her VWP stay expired, and she would be in exactly the same boat she's in now, albeit maybe with not quite as much overstay.

I hate to sound brash, but you need to readjust your demands. There is no way he can immigrate while staying up there, no separation, be here by June, no US domicile, you not meeting the financial reqs (sounds to me like you haven't been filing taxes while up there), and you living as a tourist in Canada. As nice as it would be, it's not possible.
Please read the guides and familiarize yourself with the process fully. While the process is pretty straightforward most of the time (imo), there are many issues to resolve overall: meeting the financial requirements for approval or finding a cosponsor (pretty big thing to ask of anyone), where to live, how will you support your new immigrant husband if he doesn't have work authorization, you getting settled back in America, etc.
You should hold off on filing until you have some sort of plan in place, and have familiarized yourself with all the different options available.
Best of luck.

Tired of people trying to bring their whole family tree into US. Then later become a dependent to the country. If you not come from a poor family or at least seeking an opportunity for a better life here, then why come here? You could ask your "love" or watever come and live with u in your own country which then u can feed your "love" without working? 90% out of people in this world want to come to US, i think your not exceptional or your "cousin". Stop talking like you got your own wealth back in the country that possibly dont need to come here. If you cant trust no one here then go back and give birth to the baby in your country.

To wait a bit longer? why would he want to ask her that ? It is nice to be stable and sometimes when your significant other is going to school it can be hard on the pocket but treating someone like ####### is just wrong. she obviously is not the person he fell for and he should contact uscis,and ICE

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 !

ok - there was some embassy in India where his K-1 visa was approved -
write them, the IV unit - tell them that you two are divorced and that he is re-married.
also write USCIS in USA, tell them the same thing.
eventually, when he tries to return to USA, he'll be stopped at the border, not allowed in,
as his immigration status is based on marriage to you. They will gather his green card as well (if he has it on him) and send him out of USA.
since he abandoned the marriage, got divorced, and remarried, left the country -
his immigration status CAN end IF you do these things.
It's a bit different than 'most' occurences, as he's already outside of the USA, divorced from you and married to some one else - so YOU have some things to do, if you'd like to keep him OUT of the USA.
---
If you know the name of the mosque where the divorce was finalized, a copy of the divorce document resides there, and you can write to the Iman/Muallah there, ask for a copy to be sent to you (include some USD currency when you write him, as well) .
When you get this document, have it translated into English - then send off copies of both to the entities I mentioned above. Don't wait, though, to inform them of the current situation, though - send the divorce documents later.
Good Luck !

ive already told her i will not send any money for any reason, i dont pay for my parents medical care and i wont for hers. they are cut off for life in my book.

******Okay everyone update*******
I am sorry for the mistake in my typing of K1 visa I meant K3, my bad. It was filed through the US Embassy in Seoul Korea and processed successfully.
Second, since I have been reading peoples replies and comments on my topic. and thank you for taking the time to reply...it has helped alot.
I sat down with my wife yesterday, and had a discussion.
I explained to her that I work very hard everyday in the military for our families money, and I feel like a BANK to her family. And it is going to stop immediatley. I explained that I offered to send 100.00 USD every 2 weeks but it wasnt good enough for them...so since they werent willing to take the help I could give them there would be NO help. I refused to send another penny to them. They were fine without me before i came into their daughters life and will find a way to survive. I explained its time for her brothers to get a job and become men....they will never be famous dancers and need to grow up..(yes they were in a dance crew that has never danced for anyone except family members). During our discussion she explained to me she was never mad at me, just the situation that she put into by her family...and she found out her dad had not been working at all since i started helping them. also her mother had opened up a small store and it went under because she gave people in the community a TAB. And she did this with my money.
I became furious, I almost lost my cool...but kept it until her BROTHER sent a message to my cellphone calling me cheap and too lazy to take care of my wifes family. I got mad, and yes I called the house and spoke to her brother and explained to him he needs to learn respect, and to grow up...or become homeless bc I refused to send them any money...not even for birthdays or holidays until they respected me as a son in law, a person and as a working man.
He rattled off in tagalog and hung up. Her mom has since begged her to TAKE my debit card and send money for the electricity bill and motorcyle payment....WHEN THE HECK DID THEY GET A MOTORCYCLE...i sure knew nothing about it and my wife was pretty upset they bought one also.
but as of now they know where they stand with me, and even my wife refuses to respond to their pleas....I told her it was time to become a WOMAN and to think about her family that is coming along.
Things at the house have been much better the last couple days, more at ease....no fighting...just us watching movies together and going to dinner...thank you everyone for the advice it helped ALOT!

#######? How can you "sell citizenship"? Are you promoting immigration fraud? I wouldn't be surprised since you were illegal yourself.
And for the record, if my marriage broke down, I would be on a plane to the UK without any plan of returning to the US, and I don't know why any future family members would resent me for not giving them an easy ticket to live there.

While I hate HOA's just as the next guy, she is 85% or more to blame in this situation. You can't just stick your head in the sand and ignore real life.
The guy should have asked a sibling or parents to keep tabs on the bills if he knew she was irresposible.
I'd have second thoughts about spending the rest of my life with someone like that...

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.

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

WOW. Actually if I hadn't been thinking beyond I as you put it I would have left years ago...but you know nothing about that as you know nothing about me or my situation.
Why would 'they' give me trouble traveling on VW for a holiday if I have done everything correctly by handing in my greencard and filling in the correct forms (which is why I posting here in the first place)?
As for future people who come into my life who may just die if they didn't get to live in the US...not everybody has a hankering to leave their country and way of life for America you know.
I have read a few times you spouting off about getting citizenship and 'selling' it....not sure what you are going on about there.
As for a projected pissing match between the pres the premier and no longer being able to travel on VW.....oh well guess I'll go on holiday elsewhere 'shrug'
Finally, you may find my "POV narrow-minded and short-sighted." but I'm actually seeing very clearly thank you very much.
Obviously you love it here and America has been good to you otherwise you spout this kind of ####### whenever someone makes a post about leaving....maybe you didn't read my post well enough where I said all my family, friends and work are in the UK, why on earth would I stay here?
I did not marry my husband for an opportunity to live in America or to give anyone else the opportunity to live here off my back....
My thanks to those who actually answered the question I asked, it was very helpful....I am leaving next week so will sort the form out as soon as I can

Understand that her period of authorized stay is not dictated by what's written on her visa. A visa is good for entry into the US - nothing more. Most B2 visitor's visas have a validity of 10 years, but NOBODY is ever granted 10 years of continuous stay in the US when entering with a B2 visa. 6 months is more typical, and 1 year is the statutory maximum. The period of authorized stay is primarily dictated by what's stamped on the I-94, and secondarily (for a J-1 visa holder) by what's written on the DS-2019. BUT (and this is a big 'BUT') that authorized stay can be terminated earlier than the date on either the I-94 or DS-2019 if the alien is no longer fulfilling the requirements of their visa.
Your fiancee stopped fulfilling the requirements of her visa when she left her employment. She has a 30 day grace period, beginning on that day, to leave the US. After that, she begins accumulating overstay time. If, at any point in her future dealings with the US government, they need to determine if she overstayed and by how much then they WILL determine when she left her employment. It isn't necessary for them to gather this information now. They can collect the information when it becomes a factor in determining if she's eligible for an immigrant or non-immigrant benefit. Fortunately, it's not a factor when adjusting status as an immediate relative of a US citizen. However, it IS a factor in applying for a visa at a US consulate abroad.
In other words, no - you can't check her status. The reason is because USCIS probably hasn't bothered to check her status. At this point, they don't care. They'll care if she applies for something where overstay would be relevant.
DO NOT FILE THE 1-30 AND I-485 UNTIL THE HRR WAIVER HAS BEEN APPROVED! She's not eligible to apply for adjustment of status as long as the HRR rule is hanging over her head. The petition would be denied.

A J-1 visa holder's authorized stay can't extend beyond the validity of their visa, I-94, or DS-2019. However, their authorized stay expires automatically if the requirements of their program are no longer being fulfilled. Technically, she had 30 days to leave the US when she left her program-related employment. If it's been more than 30 days then she's already out of status.
I wouldn't bother filing the I-130 now. There's no point in it. It doesn't provide any sort of authorized stay. Wait until you get the HRR waiver and then file everything. It won't matter if she's out of status when you submit the I-130 and I-485. The requirement that an AOS applicant must maintain their non-immigrant status doesn't apply to an immediate relative of a US citizen.
If the HRR waiver is denied then make sure she leaves the US before she's accumulated 180 days of overstay. She'll have to wait out the two year home residency period anyway, but if she's got at least 180 days of overstay then she'll be barred from returning for 3 years. If she's got a year or more of overstay then she'll be barred for 10 years.

Three things you need to understand.
First, Cancellation of Removal is NOT the same thing as Adjustment of Status. You must already be in deportation proceedings before you can ask for Cancellation of Removal based on continuous presence of 10 year or more.
Second, a request for Cancellation of Removal needs to be accompanied by a letter of hardship by a qualifying relative. For the purpose of Cancellation of Removal, a qualifying relative is a spouse, parent, or child of the immigrant. An uncle is not a qualifying relative.
Third, the letter of hardship must demonstrate "exceptional and extremely unusual hardship" for the qualifying relative. It doesn't matter how difficult deportation would be for the alien.
Look, don't even be thinking along these lines. Cancellation of Removal is a latch ditch desperate effort to avoid deportation, and it's denied more often than approved. Your friend isn't in this situation yet, so he shouldn't even be thinking about it.
Now I'm going to get judgmental...
You are deluding yourself by calling your friend a "very honest person". He has lived and worked illegally in the United States for nearly a decade. He used a fake name for six years in order to work illegally. He is most decidedly NOT an honest person. If he did happen to be placed in removal proceedings then one of the requirements for Cancellation of Removal is the alien must demonstrate they are a person of "good moral character". Your friend has demonstrated he is not. Even if your friend had a qualifying relative submit a hardship letter on his behalf, Removal of Conditions would probably be denied in his case.
katgrl asked a relevant and important question - has your friend ever claimed to be a US citizen? For example, did he use the name of a US citizen for six years in order to get a job? If so then he would be banned for life from the United States if he were caught. There would be no possible waiver for this ban, not even by marrying a US citizen.
If your friend truly considers himself to be an honest person then he should leave the United States. He has no basis to adjust status.

I don't know how long she went without paying bills and ignoring second chances in all, but it looks like it was on the order of a year. The fact this detail is missing from the article shows how slanted it is. Just wanting the home owner's association look bad without fully acknowledging the lack of responsibility by the girl.
It could easily have been worded "deadbeat wife doesn't pay bills for over a year, loses Daddy's 300K gift house. But the author is instead trying to play up "freedom fighter has home taken by evil scrooge" angle to sell copy.
People that don't have to work for things behave less responsibly. All this shame on the neighbors and home association for not pandering to the princess and her free house. Thank goodness she has her free house back now. I hope she has some servants to open the mail for her now so it doesn't happen again.
Depression is a real illness that has to be treated. But this free house situation has another lesson that the writer clearly ignored to try making it into a tear-jerker.

that is complete bullshit, agree with Maxx on this one :S
**Edit - if it WAS true, that man needs to divorce that woman. What an idiot. He's off fighting a war and you let people take the house because you think you're above paying bills? Why would you assume you wouldn't have bills all those months? How would you not fight tooth and nail the day someone tries to kick you out? Why wouldn't you have someone "fixing it" before it got that bad? no way they would foreclose without seeing you. No way, especially if you're living there. Wow, what bull!

A few people have said that Filipinas are brought up to help their family. "Help" is not FB demands for money. "Help" is the occasional payment when you can afford it and not at the risk of our own family.
No, these families are taking advantage of you and your USC spouse. If you're feeling guilt for not "helping" you were never helping. You were the financial support of the family and they were not thankful for what you did for them and when you did it. They are leeches, financially and emotionally and they should feel guilty for hurting your relationship but in most cases they don't because they only care about themselves and their needs.
A good family doesn't make such demands of you. A good family is thankful when you help them but do their best to help themselves first. A good family understands when you can't help them and doesn't make you feel bad for it.