Myopia

Are you people not reading the links posted? Emergency Medicaid is paid for non-immigrants under emergency circumstances such as giving birth. That's it. It has totally different qualifications to regular Medicaid.

I suggest you calm down and take things one step at a time. I think you are over-boggling yourself with too much information. You know whether you had intent or not. We cannot tell you if you did. Intent, by itself, is not a reason to deny AOS anyway.
You send all of the forms in the same package. There is even a special address for people who are filing the CONCURRENT I-130/I-485. Woo! If you send them in separate packages you will have a headache, but it is fixable (a member went through this recently... lots of added nonsense but worked out in the end).
Your gf/wife will only have a ban if she overstays by 180 days or more. And, as I said, once you send in your package, she will begin a NEW period of authorized stay which will last until she gets her GC. So, if you send in your package before her 6 months are up, you will have zero days of overstay. Sweet!
lol @ Bob - this was in the CR-1 forum so I suppose the people there thought this was a situation that warranted immigrate2us.
Think of it this way - someone is here on a work visa or a student visa - they have lived in the US for 5 years and they get married to a citizen. This is what they file too. It's slightly different with a tourist visa, because the person never "lived" here, but the process is the same. But the filing is fairly common. Good luck.

If they did not come to the US with the intent to immigrate, then there is no "circumventing" the system if they AOS. It is legal and the law allows for this. They would not deny the AOS unless the person is inadmissible - and filing a CR-1 won't suddenly make them admissible. They will get a background check, get their relationship evaluated, and get a medical like everyone else.
OP - you have been some good advice and some bad advise in this thread. Thankfully Krikit the mod moved it to a whole forum dedicated to AOS from work, student, or tourist visas.
You said she didn't have intent when she arrived, so that's fine. One thing you really need to know is that if you file for AOS, she cannot leave the country until she gets special travel permission, called Advance Parole, or the Greencard itself (which gives travel permission by itself). You say she has a job back home, can she just quit, and is she prepared to do so? If yes, then you can marry and file AOS. You will have a mandatory interview with you both together. Read the guides up top for the forms to fill out. It costs $1070 + $420 + whatever the medical costs you. Good luck.

What was the point of this post? It did nothing to bring any light to the OP's situation. You really should refrain from posting replies is you are going to be judging their motives.

What was the point of this post? It did nothing to bring any light to the OP's situation. You really should refrain from posting replies is you are going to be judging their motives.

What was the point of this post? It did nothing to bring any light to the OP's situation. You really should refrain from posting replies is you are going to be judging their motives.

What was the point of this post? It did nothing to bring any light to the OP's situation. You really should refrain from posting replies is you are going to be judging their motives.

You're a grown man in a grown man's situation. I don't want to sound mean but you have had excellent advise and it did not cost you a dime!
You have three choices
a) Listen to the lawyer who actually knows your case and see where this ends up. Let her write the letter etc.
b) Return to your home country
c) Keep posting on VJ hoping that we know the unseen and can decipher your case.
The choice is yours.

They denied you because you were out of status and the only thing that would have caused USCIS to approve you would have been marriage to a US citizen.
I doubt it is because of your turban. They understand religious practices.

Arrested does not mean guilty. I made a local cop angry and he arrested me four separate times for a total of 18 charges ALL of which were dismissed.

Your situation is totally different from the OP's. Your fiancee basically made statements that caused the IO to believe that he was going to marry you while in the US and adjust status. That is a no no. The fact that he travelled on the Visa Waiver Program and stayed for 4 months within a 6 month period was a flag too, not to mention that he came a third time. He had no job and no reason to stay in his home country especially with your illness.
I do not believe that he will need a waiver. Did they stamp anything in his passport?
I hope you are doing well with treatment.

First, I do not want to advise on what to do, but I want to outline what we're dealing here with.
1) No, they do not have to prove that they did not intend to get married. Aside from the fact that a negative can't be proven, intend is not being made an issue of. More to the point, why would they have gone though the hassle of a K-1 petition, if they had intent to get married an file for AOS? Really, this is a non-issue.
2) The K-1 travels to the US, gets married, files for AOS. Sucks to begin with, as it involves AOS.
The VWP travels to the US, gets married, files for AOS. Sucks equally, because AOS is involved.
What would make sense, or would have made sense, is to get married, then to return and file for a CR-1. No AOS, no $1,070 in cost, no waiting for EAD or AP, or for a driver's license, or a SSN . . . free sailing from day one.
Well, at this point that would be crazy. If the O.P. can get this done in a timely manner, meaning to get their AOS out and accepted before the I-94W expires, it's probably a viable option.
So what would she "save?" At best one round tip ticket, but probably nothing, as she didn't intend to stay, meaning she would have to return to France to wrap things up anyway.
Decisions, decisions . . .

Really? And you know this for a fact? You know people who have filed to adjust while a K1 was pending and the adjustment was denied?
tsk tsk tsk

I think she's very smart to come and ask advice before the problem gets out of control.
When my SO got here, my children just loved him! He wisely kind of stood back and let them get used to him before stepping into any sort of parental role. And even then, it was basically "listen to your mother".
After several years, though, the oldest had a change of heart, and has decided that she hates my husband - she refuses to live here because he's here. I would love for her to come back, as difficult as it was to deal with 2 people who don't get along, but she won't. Her father is encouraging her behavior. She even stopped talking to me for a while.
Some people might think I'm horrible for 'letting' him stay, but it's much more complicated than that. First of all, and most importantly, my other 2 children need him. They love him very very much, and he's extremely important to them. Their father is around, but not very emotionally warm or available. They (all 3) had a difficult time adjusting to their parents' divorce and remarriages. They (2 younger ones) love both step-parents, and if they lost any of the 4 of us (parents or step-parents), it would be devastating for them. The second most important reason (since the children ARE the most important part of this situation) is that my daughter's therapist (I wish she still had the same therapist! - that's a long story) said that especially with my daughter's personality, it would be a horrible idea to give her 'power' over others' lives. I agree - it doesn't make sense to disrupt 4 other people's lives so that one teenager can get her way. Of course, if there was a real reason, it would be different - and we'd figure out a way to cope. But since the two of them just don't get along right now, it wouldn't make sense. (see loved him when he got here, she disliked him for a little while a few years ago, then decided she liked him again, and now hates him - it's been back and forth with her)
(By the way, the children's father tried to get the school to change the oldest child's schedule because she "didn't like" one of her teachers. Seriously, does he plan to follow her around all of her life and 'fix' things, instead of trying to teach her how to get along with people?)
Then there are all the other reasons - like the fact that we love each other (of course), we jointly own the house and everything, he has nowhere else to go (neither do I, really - especially with children! - and no family members very close by), we are barely getting by with both incomes, etc. Seriously, he's a wonderful person - loving, kind, helpful... and he's been a good influence on all of us - giving me encouragement, for example. It was quite an adjustment for all of us, of course, and I think that he did well. But it really IS difficult for children of certain ages (pre-teen and teen especially) to adjust to having a new step-parent, and also difficult for someone to step into an already existing family - especially when they're changing countries, and have never been married before.
It sounds to me like the OP's husband and son aren't bad people - they're just going through a difficult adjustment period. I didn't hear anything that would warrant "getting rid of" the husband. It sounds to me like the husband isn't rejecting the son, he just doesn't want to "step on any toes". I think that's admirable, even if I don't agree - I think that having another adult in his life can be a wonderful thing. She can explain to her husband that he can be an addition to her son's life, and not worry that anyone will think he's trying to be a replacement for the father. I can see his point - I wouldn't like if my children's step-mother tried to take my place (for the record, I'm happy they have a female in their life who they love for those days I don't get to see them).
I don't recommend trying to get them to bond, though - you're right about that - that's something that needs to develop on its own. If your son feels like you're "making him" like his step-father, he's likely going to resist. Enjoy the fact that they're civil to each other, and (if I remember correctly) that your husband doesn't complain about your son in front of him. I do know how difficult it is to hear someone you love complain about someone else that you love. I don't have a solution for you, though. Except maybe to keep in mind that if your husband came from a less privileged background, it's difficult to deal with how spoiled your son must seem to him. I let my husband vent (when the kids weren't around, of course) about how much food they wasted, how much stuff they have (and didn't seem to care about) - because I know he didn't have much to eat or play with. It's funny - I think I expected my husband to be more appreciative of things that he was. It's not that he doesn't appreciate anything, it's just that I didn't expect him to be so... picky about things! For example, he won't eat leftover meat - he says it smells bad (even if it's the next day). And it took him FOREVER to find him shoes that he liked.
I don't know how long you've been divorced, or how long you've been remarried. Or the personalities of your son or husband. But I do understand (for what it's worth) that you're in a difficult, exhausting place. My best advice next time either of them starts is to say something like "I understand. You're entitled to your feelings, but I just can't listen right now. I'm sorry you feel that way about him, and I hope you two can continue to be polite to each other, and hope you get along some day soon." Is there someone else they can vent to? I hope it improves, and soon.
I DO think that figuring out a way for them to get along better is very important. I hate that my first born has pulled away from the family, and wish I knew how to change that. I know that most children 'leave' once they're 18 or so - and kind of start pulling away earlier than that so they can spend more time with their friends. I just didn't expect my daughter to stop living with me as a young teenager.
Best of luck to the OP, and anyone else having similar problems.

He came to the US legally. He overstayed because of his parents actions.
OP-I feel kinda sorry for you because you have asked the same questions on other forums and you got the same answer.
You were also being rather unhelpful with the information too.
Bottom line is you have created a paper trail pertaining to your false USC claims and there really isnt too much you can do to circumvent that reality.
Sorry.

He came to the US legally. He overstayed because of his parents actions.
OP-I feel kinda sorry for you because you have asked the same questions on other forums and you got the same answer.
You were also being rather unhelpful with the information too.
Bottom line is you have created a paper trail pertaining to your false USC claims and there really isnt too much you can do to circumvent that reality.
Sorry.

He came to the US legally. He overstayed because of his parents actions.
OP-I feel kinda sorry for you because you have asked the same questions on other forums and you got the same answer.
You were also being rather unhelpful with the information too.
Bottom line is you have created a paper trail pertaining to your false USC claims and there really isnt too much you can do to circumvent that reality.
Sorry.

He came to the US legally. He overstayed because of his parents actions.
OP-I feel kinda sorry for you because you have asked the same questions on other forums and you got the same answer.
You were also being rather unhelpful with the information too.
Bottom line is you have created a paper trail pertaining to your false USC claims and there really isnt too much you can do to circumvent that reality.
Sorry.

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.

I think the OP has a right to speculate...come on, a hunting trip when the baby in question is born?
OP, you can't claim 'oh I won't be responsible for my actions when he gets home' I know that's a figure of speech, but still. You have a child to think about now...and it's not worth doing something you're going to regret later.
At the end of the day, you can ROC by yourself, just collect the evidence of a bona fide relationship.
Your issue at this point is not an immigration one...if he is the father, and he wants to stay with you, and you look to forgive him, all is good.
If he is the father, and one or both of you want to end the relationship, you can stay on your own. Your financial issues will be a domestic issue (ie possible alimony, child support, etc).
Or maybe he's not the father. But I'm like you, I would certainly be curious of the 'convenient' timing of her phone calls 9 mos ago, and his 'hunting trip' now.
But either way, you'll be ok.

facebook is a great thing isn't it?

I am confused. What is it you are trying to accomplish? To stop him from applying to remove conditions? If you had a good faith marriage and the marriage went south, then all you need to do is get the divorce and the two of you go your own ways. Let him file the I-751 and move on with his life and you move on with yours. If the divorce is final before he has to file he will include the divorce papers. If they are not, then he will receive an RFE for them and to make a long story short, will be able to get a postponement of decision until such times as the divorce is finalized. If you deliberately try to block his ability to adjust status by prolonging the divorce unnecessarily or unreasonably you are actually giving him the means to file for a hardship waiver. Unless you believe that the marriage is not a good faith marriage, then why would you block him from finishing the immigration process. If it wasn't a good faith marriage, then why are you stating that it was? From what you are reporting, I am not sure your lawyer is giving you the best advice.

Salamu Aleikum Sister Sofiyaa,
Disclosure: I wear the hijab( muslim headcovering)
Do you believe in authenticated hadith when it comes to your practice of Islam?
I know that their is a lot of "opinions" when it comes to this ayat:
24:31 "And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands.." even though the word khimar means veil or headcovering in arabic but if you do believe in authenticated hadith then this:
"Ayesha ® reported that Asma’ the daughter of Abu Bakr ® came to the Messenger of Allah (s) while wearing thin clothing. He approached her and said: 'O Asma’! When a girl reaches the menstrual age, it is not proper that anything should remain exposed except this and this. He pointed to the face and hands." [Abu Dawud] is proof that the fact that women in Islam believe that hijab is fard does not stem from cultural beliefs or practice but their belief in Sunnah.