Merrytooth

Well sorry but it is probably for the best of everyone and your relationship. The minimum poverty guidelines for sponsorship are really not that great so if you really don't have that income level, you would just struggle with finances along with the struggles of a person moving to a new country.
Best bet might be to withdraw the petition and for you to get a new job or an additional job and make sure you ahve this very important part of the immigration process all nailed down before you do another petition. In the end it will be a good move for everyone.

Another State becomes unfriendly to illegal aliens.
Requiring that applicants for a New Mexico drivers' licence prove that they are legally resident in the USA should have been a prime requisite, not a taboo subject.

Whether or not you intend to marry is irrelevant. It's perfectly legal to enter the US with a visitor's visa or VWP with the intent to marry. What's not legal is entering with a non-immigrant entry pass with intention of immigrating. If you enter with a visitor's visa or VWP with the intention of adjusting status and becoming an immigrant then you are in violation of the law.

Would be interested to learn what happens with the friend’s spouse. Pragmatically speaking I would expect that those whom take the VWP route even without an overstay risk overstaying prior to approval. A quick submission after arrival would seem to me to indicate a true intention to marry under the VWP. At any rate, this is certainly all subjective, and decided by an individual or district policy that is not by any means obligated to approve, with overstay or not, and is effected by the ever-changing political winds involving immigration. To elude that this is not risky is in my book absolutely foolish, it is apparent what works for one does not necessarily work for another regarding immigration. VJ members represent a very small sampling of total immigration applicants. Words used like many, most, all, are subjective when not substantiated by any real facts. If anything, however, they can instill hope for those who find themselves in such a situation of the noted friend.

I told my wife's family that if they want money they can get a job. Both of them are college educated, just very lazy.
This country needs to get out of the mentality that
1.) All Kanos are rich
2.) It's the person with the most money's job to pay for everything

I just read this post from beginning to end and I LOVE IT. Gilles, I feel for you brother. You are in a crappy sitaution with no easy solution. She will not change her ways and you know it. She will continue to put her family in the Ph. before you. All I can say is good luck.

I am not racist. Categorically a "fair weather liberal".

"LET IT SNOW" "Let it Snow" "Let it Go" It's her bed, maybe she likes a hard bed. "let it Go"
Good Luck

Ok, I don't know if this is exactly what the lawyers told you or if you're paraphrasing them. There is no "case". This isn't a legal process. There will be no briefs filed, nor hearings in front of a judge. You submit your paperwork to USCIS and you pray. If it's denied then the game ends there.
Your lawyer won't be filing the AOS package at your local USCIS office in San Francisco. It must be sent to the USCIS Chicago Lockbox facility. They will process the package into the system and then distribute the different applications to the regional or local offices that will handle them. Even if your lawyer sends the package using an overnight courier, it's going to sit in a mail basket for about a week. That's how much backlog there is at the Chicago Lockbox facility. Eventually, someone will screen your package to ensure that all of the required documents have been included, that you've used the current version of the forms, and that everything is properly filled out and signed. If it looks good then they'll deposit your check and enter your package into the system. At that point, your application has been "accepted". If there's any obvious problems then they'll send the entire package back to you.
Some months later, your I-485 package is going to arrive at the USCIS field office in San Francisco, and it will be assigned to an immigration officer. The immigration officer is going to look at the date your package was accepted at the Chicago Lockbox and compare that with the date your husband's VWP expired. There are a variety of scenarios that could happen next. Until we hear from a VWP overstay who has recently tried to adjust status through the San Francisco field office, we won't know for certain which scenario is likely.
One possible scenario is that they'll simply deny the AOS immediately, and send you a notice that your husband has a limited amount of time to voluntarily leave the US before they issue a deportation order. This would actually be good news because it means no deportation ban. Another scenario, substantially more dire, is that the denial notice is delivered by an ICE officer who takes your husband into custody after delivering the notice. They could also schedule an interview, deny the AOS at the interview, and either give your husband a limited amount of time to voluntarily depart, or order his deportation and take him into custody. Of course, if any of these things happened then your lawyer would be as outraged about it as you (or at least pretend to be). He'll probably also offer to help you complete the CR1 visa application (the I-130 would probably have been approved, even if the I-485 was denied) and the I-212 waiver application, just as soon as you write another check. The one thing he won't do is offer to appeal the decision because he knows that he can't.
There's also a possibility that the San Francisco field office will actually adjudicate the I-485 just as they normally would. Unless the receipt date on the first Notice Of Action is earlier than the expiration date of your husband's VWP entry, I think the chances of this happening are near zero. The San Francisco office has a pretty clear policy of abiding by decisions of the 9th Circuit Court.
For your own peace of mind - you pin that attorney to the wall! Make them explain to you exactly how they expect to get the I-485 accepted by USCIS before Wednesday, and not simply delivered by then. If they admit that it wont actually be accepted until afterward, you make them explain how they expect to overcome the Momeni decision, and why your case won't be summarily denied by the San Francisco field office. You also make the attorney prove to you that they've filed an AOS petition for a VWP overstay within the past six months, and it was approved at the San Francisco field office. If the attorney can't provide convincing proof that they will succeed then keep your attorney and USCIS fees, and use them to buy your husband a plane ticket back to Portugal on Tuesday.

You can guide the blind, but only if they are willing to follow you, not when they insist on running in the other direction.
Appropriate and competent advice has been given in this case. Everything from here on is only chat.

+1.
Unfortunately you don't have enough time to file a complete AOS package. It looks like there is a birth certificate issue and I don't think your spouse completed a medical exam either. Both take time and money. Consequently if you file for AOS right now without those docs, which is possible, you will face not just uncertainity and probably a denial, but also a bunch of RFEs. Not a fun and safe journey at all.

I'm sure you will find a trustworthy babysitter among the 308,700,000 people in the United States.
No, you can't adopt your cousin, you can't marry him, and you can't claim he's your son or your brother either.

Be grateful that the fates have given you the opportunity to live in the United States and that your baby will be a US citizen and try to make the best of it.
Wish you well.

No. The postmark date is irrelevant. The AOS petition must be accepted by USCIS before his authorized stay has expired. This means the date on his first Notice Of Action must be before his authorized stay expires. It would be a minor miracle for his AOS petition to actually be accepted by USCIS by this coming Wednesday. 9 or 10 days is a more reasonable estimate. The petition package is not going to be processed into the system the day it's received. USCIS simply doesn't move that fast.
What will matter is his current status on the day USCIS accepts his AOS petition. If you're applying in California then I can guarantee his AOS petition will be denied if he's out of status when the AOS petition is accepted by USCIS. California is covered by the 9th Circuit Court, which is where the Momeni v. Chertoff case was heard. This was one of the most significant landmark cases that established a VWP overstay cannot adjust status. USCIS field offices in California are denying AOS for VWP overstays and ordering them deported. One attorney in San Diego saw the USCIS memo, and wrote in his blog about it:
http://www.visalawyerblog.com/2010/09/visa_waiver_overstay_and_marri_1.html
He can't have been born in both Brazil and Portugal. He may be a Portuguese citizen, but it sounds like he was born in Brazil. You'd send a copy of his Brazilian birth certificate AND an English translation. If you're fluent in English and Portuguese then you can translate it.
Yes, the AP and EAD fees are waived if they are filed concurrently with the AOS application.

As stated no, it will not work. The K1 visa ONLY allows your to adjust status with the person who petitioned you. You can marry your new bf if you want, but you will be unable to stay and adjust your status. You will have to leave the country and apply for a new visa. If you're married it will be a Cr-1 visa, if you're just engaged it's another K1. Be prepared for this new relationship to undergo a LOT of scrutiny given the circumstances surrounding your meeting.
It looks VERY suspicious that you happen to meet someone else while in the US on a K1 just DAYS after arriving, and then that in the span of 2 weeks of knowing you, you're both in love enough to marry? You also stated he felt "pity for you", that's not love so him offering to adjust your status is immigration fraud (not that it matters here but it's still fraud). Not to mention it's pretty obvious from your post that you went online with the explicit purpose of meeting someone else. It took you 2 weeks to move on from someone you APPARENTLY loved enough to apply for a K1... that alone looks suspicious.
** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this is a more appropriate location**

Geeez...Of course she is going to admit her wrongdoing in the face of overwhelming evidence of guilt. What else would a scammer do? Do you think she's stupid? Admitting her wrongdoing will simply allow her to continue scamming you until she gets her Green Card. How does that make things better? You are still being scammed. That's her game...she's a scammer.
On the other hand, if she doesn't admit her scam, you buy her a ticket, put some money in her purse, and yet she refuses to leave your home, what's the "END OF STORY" then?
By the way, it has not gone unnoticed that you still haven't addressed your ungentlemanly and disrespectful posts about your own fiancée.

What's so mean about it? She's already cost him how much? Why should anyone in his shoes feel obligated to spend more on a return ticket for her?
Maybe the humiliation of being dumped at the Consulate's doorstep will teach her something. Further if all Kanos who are scammed handle it this way maybe it would serve as fair warning to anyone thinking of scamming for a GreenCard.

She can't get divorced twice. She's already divorced. USCIS wasn't asking her to get divorced again. They were asking for proof that the divorce decree was legitimate and not a doctored up fake. They apparently suspected she conjured up a divorce decree without actually getting divorced so that she could remove conditions without her husband's cooperation.
Look, this is what was probably going on in the IO's mind. The marriage is on the rocks. The US citizen spouse won't cooperate with a joint filing to remove conditions, probably because he thinks he was used to get a green card. The immigrant spouse doesn't want to file for a divorce because she's afraid the decree will include something about his accusations of her green-card-by-marriage fraud, so she fabricates a divorce decree supposedly obtained abroad. You and she know this isn't what happened, but the IO is suspicious. He wants proof the divorce decree is legitimate. Trying to get another divorce in the US would only confirm to him that the first divorce was a fake.
Abandon any plans of getting another divorce. This will only blow up in your face. Do whatever is necessary to get the validity of the divorce decree confirmed. You should be able to contact the consular section of the Embassy of Romania and see if they can authenticate the divorce decree. It probably won't be necessary to do this in order to get a marriage license in the US, as any county clerk would probably accept the Romanian divorce decree without questions, but USCIS obviously has a problem with it.
Once you get the divorce decree authenticated then marry her and file for a green card. Don't bother pursuing the removal of conditions. It's been too long, and it there's very little chance it would be approved.

First, let's get the terminology straight as precision and accuracy are critical to getting the right answers.
She was trying to "get the conditions removed from her green card ", and not "her visa". Visas don't come with conditions that you can have removed.
Her husband refused to file a "joint petition". There is no "joint waiver" when removing conditions. What DOES exist is a waiver of the joint filing requirement, but she wouldn't need her husband to get this. She would do it on her own.
Ok, applied for divorce before the two year mark. Divorce was granted in 2004. Presumably, the conditional green card expired a LONG TIME AGO, and she's been out of status in the US ever since.
There is no reason to believe that USCIS would not accept a divorce decree issued in Romania. If she's legally divorced in Romania then she's legally divorced in the US. You would just need to get the decree translated into English so that USCIS could read what it says. USCIS accepts foreign divorce decrees translated into English with all sorts of fiancee and spousal visa petitions. They would accept one with an I-751. There is no point in getting anything notarized - notaries (for the most part) just act as legal witnesses to a signature, and there's nothing on the divorce decree that needs to be signed. The translation will need a statement from the translator that they are fluent in English and the foreign language, and qualified to accurately translate the document.
Ok, the I-751 is supposed to filed within 90 days prior to the expiration of the conditional green card, and it's supposed to filed jointly by both the immigrant and US citizen spouse. So, there are two problems - she can't file jointly because she's divorced (the fact that her ex-husband won't cooperate would only be relevant if they were still married), and she didn't file in the time frame she was supposed to.
An immigrant can request a waiver of the joint filing requirement for several reasons, one of which is if the marriage ended in divorce or annulment. Two things are required - a final divorce decree, and evidence the marriage was entered into in good faith. That would solve the first problem.
USCIS will permit a late filed I-751 under certain conditions:
Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.
Ok, this is a killer. We're talking about at least FIVE YEARS LATE! The "extraordinary circumstances beyond your control" would need to be something as severe as being stranded on a desert island, or being in a coma, or something equally serious. Even if she had a valid reason that met their criteria, it's highly unlikely they would consider five+ years to be a delay that "was reasonable". I don't think she's got a snowball's chance in he!! of getting her green card reinstated by submitting an I-751 now.
As to your second question - YES! She can remarry. As I said before, her divorce is final and should be valid in the US. If you are a US citizen, then she should be able to adjust status based on marriage to you.
CAVEAT: If USCIS has started removal proceedings against her then they must presume that any marriage she enters into now is a sham for the purpose of evading immigration law. The burden of proof for a bona fide relationship will be much higher than it would for most other people, and she may end up in front of an immigration judge.
Don't marry this woman if your motive is to help her immigrate. It's illegal. If you get caught then she'll be deported, but you could face fines and/or jail time. Consider your relationship as if immigration was not an issue, and she was a US citizen. Would you still marry her? If you're not sure then don't do it. On the other hand, if the answer is "yes" then get married, and go ahead with the AOS processing. Be prepared to hire a lawyer if it turns out she's in removal proceedings.

From what you say, you wouldn't have any basis to adjust status even if you'd entered with a visa, but let's ignore that for a moment.
US immigration law establishes a process by which people can immigrate to the United States. For some types of visas, that process begins with a qualifying petition to USCIS. For all types of visas, that process culminates with an application and interview at a US consulate. One of the consulate's primary jobs is screening intending immigrants for things that would make them inadmissible to the US - health related grounds, commission of certain types of crimes, prior immigration law violations, etc. The level of screening is far beyond what most non-immigrants face because a non-immigrant isn't supposed to remain in the United States indefinitely.
Immigration law recognizes that some qualified intending immigrants may already be in the United States, and it would be needlessly bureaucratic to require them to leave the US and apply for an immigrant visa at US consulate abroad. The law provides an exception in these cases, and allows USCIS to screen them for immigration and adjust their status to that of immigrant. The law is specific that this was not meant as an alternative to the immigrant visa process, which is why most non-immigrant visas do not allow for "immigrant intent" at the time of entry as a non-immigrant. If USCIS suspects that an intending immigrant has used a non-immigrant visa with the intention of short-cutting the immigrant visa process then they'll scrutinize the case for evidence of this, and further evidence that they fraudulently misrepresented their intentions. There was a time when INS (the predecessor of USCIS) would routinely deny AOS if they suspected preconceived intent to immigrate. That ended with some precedent setting BIA cases, so they now also require evidence the intending immigrant intentionally misrepresented their intent.
USCIS has been cracking down on VWP entrants who attempt to adjust status because they view this as more than just an attempt to short-cut the immigrant visa process, but an attempt to skip the visa process entirely. Not only does this go against the intended purpose of the VWP, it's also grossly unfair to people who are from countries that are not included in the VWP.
I have limited sympathy for your situation. You used the VWP, which is a privilege most people in the world do not have. You already had two VWP entries in a short span of time when you applied for the B2 visa. I'm sure the consular officer was wondering why someone who is eligible to use the VWP would want to go to the trouble and expense of getting a B2 visa. There can be only two reasons; you had a legitimate need to stay more than 90 days and less than 180 days (which would be valid), or you wanted to enter the US without the restrictions imposed by the VWP, such as the inability to adjust status if you overstay (which would NOT be valid). I'm sure you tried to make a case why you would need to stay more than the 90 days allowed under the VWP, and the consular officer obviously didn't buy it. CBP suspected something was up - it was your third VWP entry in a short time - so they referred you to secondary inspection. Since then, you've attempted to do exactly what both the consular officer and CBP suspected you might try to do - stay beyond the time authorized when you entered, and try to adjust status and get a green card. Your actions so far have shown a disregard for US immigration law. I'm really not sure why you think the US would benefit by having you here.
There is no new update yet. So far, five of the thirteen US Circuit Courts of Appeal have ruled that a VWP entrant is immediately deportable if they overstay, and that USCIS can deny their AOS without adjudicating it. There is pretty good evidence that USCIS field offices in those districts have been denying AOS for VWP overstays and ordering them deported. I know for certain that this is going on in the 9th circuit, which includes California. USCIS field offices in the other circuit court districts have either been adjudicating AOS petitions from VWP overstays, or holding them pending a uniform policy from the director. My understanding is that there are at least two cases pending in other circuit courts, and the director might be waiting for a decision from those courts, or perhaps waiting for the US Supreme Court to weigh in.
Talk to your attorney and ask him what the USCIS field offices have been doing in your circuit court district.

If your departure was properly recorded then your ban should have started the day you left the US. Did you surrender your I-94W?
Working illegally makes you ineligible for some immigration benefits, such as adjustment of status (unless you're an immediate relative of a US citizen). However, there is no statutory bar from entering the US if you have previously worked illegally. It's not one of the immigration violations that would make you inadmissible, and they shouldn't deny a visa because of it.
You cannot use the VWP because you overstayed the last time you used it. You'll need to apply for a B2 visa at a consulate. That will be the easiest way to find out if the term of your ban has been completed.

I would say that the qn's about the friends, and especially one he already interviewed makes him think there's some sort of marriage fraud ring thing happening... it is a bit convenient that her friends have also applied for AOS recently.
He is entitled to ask whatever he wants to shake you up, and he did, he pissed you off, that's one way to get people to admit the truth. He isn't supposed to be making personal attacks but it definitely sounds like a Stokes interview is headed your way.
The fact that you knew each other ONLY 5 months, and that her visa was already expired when you married her does shout "fraud to stay in the US". It might be you're being honest but she's not.
As stated the burden to prove your relationship is always on you, always has been. I'm not surprised he refused to show you where in the book it's written. 1. because he might not know exactly where and 2. because it shows you their rules which you're not privy to.
Also, the "you've used up your 1/2 hour" implies to me that you didn't prove your relationship sufficiently in the time allotted by USCIS and now you'll probably get a Stokes (maybe the RFE'd info is enough).
One more thing, the "no money in banks" thing definitely looks suspicious. It also makes it hard to prove financial co-mingling if you don't have an account where she can freely access your income (and making an account now won't help you). I know many people prefer not to use banks but self-employed poker player who doesn't use banks looks like a front. It's not fair to judge a book by it's cover but that's how it looks and it's up to you to prove otherwise.

All
I beleive the reason for the RFE is obvious... There isn't any suggestion that photos alone are sufficient evidense of meeting in person in the last 2 years.. It has always been secondary evidense.. nothing has changed from USCIS Perspective.. Primary Evidense is Boarding Passes, Passport stamps, hotel & Credit Card Reciepts.. Photos are necessary, but is secondary evidense and should never be excluded from you initial submittal..
As far as birth certificates, it is the same as always.. Copies are fine.. If they need the original, they will ask for it at the interview.. Always send copies of your personal documents and evidense. The originals can be shown at the Interview...
Repeat:
Nothing has changed.. it appears the confusion is with the OP thinking that photos were sufficient proof of meeting in person in the last two years.. Photos alone has never been considered as primary evidence...
Repeat for all new-members: Nothing has changed..
ONE OTHER CRUCIAL DISTINCTION IS:
THere is a huge diference between "proof of meeting in person within the last 2 years" and "Proof of ongoing relationship"... To be succesful, you must keep that distinction clear and separate..
You need to show proof of Meeting in Person within the last two years for your Initial Petition (I-129-F) This include both Primary Proof and Secondary Proof..
Then after the Petition is approved...
You will need to show proof of On-going relationship to the Conusalte Officer durring the interview.. You will also need forms of Primary Proof as well as forms of secondary proof...
Any Questions?

Divorce!!!



WAKE UP...!



She doesn't love you...!



She is manipulating you...!

Here's my bullet list:

The OP cannot stay in the US legally. Either marriage to the petitioner or a successful asylum claim are the only two options available. The K1 entry doesn't allow for any other route to immigrate.
The 90 day period is not intended to be a "trial period". It's intended only to provide enough time for the petitioner and beneficiary to get married - nothing more. That said, there are lots of people who discover that the relationship just isn't going to work within this 90 day period. Consider this a 'side benefit' of having 90 days to get married, and not specifically an intended use of this period of time. Be damned sure that both parties want to marry before you send the petition.
USCIS will not help the OP return to their home country unless they are deported. If they leave voluntarily then they must arrange their own transportation. They may be able to get help from the embassy of their home country in the US.
There is no cap on how many K1's a beneficiary can apply for. Plenty of people have been approved for a K1, but something came up and they couldn't move to the US before the visa expired. They subsequently applied and were approved for a second K1. It doesn't raise any suspicions if it's the same petitioner. If a subsequent K1 is filed by a different petitioner then it substantially raises the level of suspicion that the beneficiary's primary goal is immigration rather than a genuine relationship.

Precious80, you asked for "good advice". My advice is to go home and start putting your life back together. As difficult as you think it will be to return home, it will be far more difficult to remain in the US. You have no path to legal immigration without marrying your fiance. Being in the US as an illegal alien might be appealing to someone from a third world country, but living legally in any country in Europe would be better than being an illegal alien in the US.

Hi Gilles!
I assumed the reason why you made this thread is to get advices, opinion as well as ideas on what is really the deal with your situation. Upon reading all the responses that people posted here, if you are not stupid (forgive for the word I used, I just can't think what other word should I use to express my thoughts) then it would be enough for you to analyze your situation. Now, as I observe, you are trying to reason out facts thats already understandable. If you think you already did everything to make things better but the problem didn't really get solution, then its about time to change course of action. My guess, you are in denial of the outcome for whatever course of action you may take. If your situation is what really it is, then you either give her ultimatum and have it happen if she didn't agree to do so or continue with your stupidity. No amount of advices or opinions will ever suffice your search for solution as long as you keep searching instead of making actions to solve your problem.
But if you posted this thread to stretch out with your burden, I guess you have enough. You really sound so stupid now.