Harpa Timsah

Consulates are allowed to consider local social customs and norms when they evaluate the bona fides of a relationship. Older men marrying younger women is relatively common in the Philippines. Older women marrying younger men is not very common in Morocco. In this case, the age difference was only two years. I doubt it was a significant factor in their denial.
It's a battle between two agencies of the US government who have competing authority. USCIS adjudicates petitions based on fairly well defined criteria. The consulate handles visa applications, which includes evaluating the bona fides of the relationship, which is much more subjective. The process doesn't end when a consulate denies a visa. As long as there is an approved petition then there is a presumption that the beneficiary is eligible to apply for a visa. The consulate doesn't have the authority to revoke the approval of the petition after they deny a visa, so they send the petition back to USCIS with the recommendation that the approval be revoked. Department of State policy is that the consulate can only do this if they have new evidence that, if USCIS had known about it, would have resulted in the petition being denied initially, or if the consulate believes USCIS clearly erred based on evidence which was known when the petition was approved. USCIS sometimes disagrees with the consulate's assertion that the petition never should have been approved, and they reaffirm the petition approval. Other times they agree with the consulate's assessment, and that's when they send a notice of intent to the petitioner.
When Congress crafted the laws I think their intention was both practical and to add a sense of fairness to the process. It's practical because USCIS doesn't have offices in every country in the world where they could interview beneficiaries, and isn't in a position to understand local social customs, whereas Department of State has embassies, consulates, and US interest sections in most countries in the world. It adds a sense of fairness because the process isn't entirely controlled by one department of the US government. I don't think Congress anticipated that the two agencies would be competing for authority, and that US citizens and their foreign fiancee's and spouses would be caught in the middle.

The forums are confusing... there is one for people adjusting FROM K visas and people adjusting FROM other visas. If you are adjusting FROM a student visa based on a marriage, the forum Vanessa moved it to is correct (which you are). Most people in the adjusting FROM student, work, tourist visa are doing so based on marriage (ie concurrent filers), although I agree that people adjusting based on work should have a separate forum.
Remember, you are filing a CONCURRENT I-130/I-485 petition. I-130 is for spouse (or relative) and I-485 is the adjust status part. People adjusting based on work also file a 485.

The ability for an immediate relative of a US citizen to adjust status while in the US, and without getting an immigrant visa, is an exception in the immigration law. There are a myriad of reasons for providing this exception, but USCIS policy has always been clear that it's not intended to be an alternative to the immigrant visa process. Department of State has a statutory role to play in immigration, and this approach completely removes them from the loop.
The intention of the exception was to provide a way for someone to adjust status when otherwise forcing them to apply for an immigrant visa was pointlessly bureaucratic. For example, it would be a little silly if someone was in the US on a two year student visa, and USCIS forced them to return to their home country to interview for a spousal visa. Department of state has already screened them for admission, so there's no sense sending them back for another visa interview.
It's always been the position of USCIS that using a visitor's visa to intentionally circumvent the immigrant visa process was an abuse of this exception. Prior to some precedent BIA cases, USCIS (then INS) would routinely deny AOS if they suspected preconceived intent. Those BIA cases established that the preconceived intent, on it's own, was not serious enough to warrant denying the AOS.
It's also always been the position of USCIS that using the VWP to intentionally circumvent the immigrant visa process was a more serious and flagrant abuse of this exception. Someone who enters using the VWP skips the visa process entirely. The VWP specifically disallows the alien visitor to adjust status, but the exception for an immediate relative still exists.
As far as conjecture about new policies being put into practice at USCIS field offices, have a look at this immigration attorney's blog in San Diego:
http://www.visalawyerblog.com/2010/08/visa_waiver_overstay_and_marri.html
According to him, he saw the memo sent to the IO's at the San Diego office. It said:
To all Adjudicators effective immediately, any immigrants that have entered to the US under the Visa Waiver program and failed to file for adjustment of Status before the expiration of the 90 days authorized stay, MUST BE denied at the time of the interview.
There is ample evidence this is going on in other districts, as well. Whether we agree with it or not is irrelevant. There is a real risk to adjusting status based on marriage after a VWP entry. Whether someone's decision to marry was spontaneous or not, it's hard to make the argument that it's needlessly bureaucratic to ask someone to apply for an immigrant visa when that person has never actually applied for a visa of any kind before. Rubber stamping AOS applications for VWP entrants would also be grossly unfair to the US citizens who have a spouse or fiancee from a country that is not included in the VWP program.

No, the K3 and K4 are no longer available. You can file the petition but it will not result in a K3 or K4 visa and will not speed the arrival of your family members. It may slow their arrival by quite some time, actually. Just don't do it.

Now as you all probably know these forms can be very confusing and overwhelming. Specifically the I-485, May somebody please assit me with the two following problems I am facing.
1) the I-693, Am I supposed to get the medical examination before I send any of the forms in, and therfore send the I-693 in with the I-485, or shall I send the I-485 and then subsequently I will be contacted with the order to visit a doctor?
- You will have to go to this website ---> https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
type your zip code then look for a civil surgeon near you. You would have to do Medical before you send in all the paper works. The doctor will give it to you in a sealed envelope. If you have all your vaccination records that's better, if not you would have to do vaccinations while you get your TB test done. it would range about 100-200usd depending on the shots you need to get. That is NOT including your medical fee. Medical fee should be ranging between 200-400usd.
2) The I-864, Letter of support. My wife who is filing with me is a student so her income does not meet the requirement, I have a close friend that will fill out the I-864 for me, however this friend does not live in our household. Thefore will my friend and wife be required to fill out this form, or just my my friend.
- It would be better if you find someone to sponsor you that lives in the same household.
Have you downloaded all the forms from the USCIS website? If not, here are some useful web links that would be very helpful while filing your papers works. Each form has its instructions page and tells you what documents you are required to send with the particular form.
USCIS webpage (Forms) - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Guideline for Adjusting status - http://www.visajourney.com/content/i130guide2
It would be really helpful if you get an infopass appoint at your local USCIS office to make sure everything is in order. This way you have a uscis employee answer all your questions.
click on this for infopass appointment - http://infopass.uscis.gov/
Good luck on your journey! Don't forget to create a time line
Cheers x

Tourist visa is NOT VWP in this case, so please don't confuse her. They are becoming very different.
OP: Follow Jim's advice. I'd try for the AOS and see what happens... there is no hard "law" that it has to be denied, just precedent cases that changes the emphasis of situations. ( this is all very recent as of early 2010 so 2009 approvals don't mean any guarantees here). If he gets denied, then you can file hardship waivers... which you would have to do anyway if he left now. Yeah, there will be one more waiver to overcome if he gets denied AOS, but I think you have good grounds for approval if it gets that far. Here's to hoping your AOS goes well.

You can send a digitally or photostatically (e.g., Xerox) produced copy with the petition package. They may ask to see the original at the interview.
I don't know the specifics of getting a BC in El Salvador. If a family member can get it for you and send it by express private courier (e.g., Fedex or DHL) that would be best. You will also need a translation of the BC, and the translator must certify the translation.
Don't worry about the visa expiration date. She's adjusting as an immediate relative of a US citizen, which means her status at the time the AOS petition is accepted is irrelevant in 95% of the cases (VWP excepted).
For the Canucks - Most countries don't have two types of birth certificates - long and short form. Most have only one. Also, in some countries, there are no original birth records stored anywhere. In those countries, a birth certificate is prepared on request by a local official authorized to do so from whatever records can be cobbled together. Those records often have to be produced by the person requesting the birth certificate. In other words, it isn't always possible to send a request to some agency in the foreign country for a birth certificate because they may not have a record they can produce a birth certificate from. Sometimes it requires a personal appearance by the person requesting the certificate or a member of their family.

They do not ask if you have any intent to immigrate...EVER!
She has no intention to immigrate upon THAT ENTRY AUTHORIZED BY THE B1/B2. Where is she misrepresenting? She is in NO WAY misrepresenting. Even if the I-129f was in process at that time, she would not be misrepresenting as she will LEAVE and re-enter on a K-1.
There is nothing at all under the table, misrepresenting, shaky, underhanded or otherwise about this. She is admitted on a B1/B2. She gets married while here (or files for a K1 while here) returns to her country when her B1 entry expires and returns when she has her K1...where is the issue? There is none.
You can look high and low, read it 6 ways from Sunday and there is absolutely NO restriction against what I am suggesting. I do not suggest people violate or play fast and loose, this is absolutely 100% legal and above board.
Not only that, but she can leave and return under the B1/B2 visa also. She will have to return to Ukraine for her interview, medical etc., and reenter with the CR-1 or K1 visa, but she can stay here as long as she is authorized by whatever visa she has.

You cannot enter on a VWP with the intent to stay and adjust status. That is fraud. Risks include a lifetime unwaiverable ban. She should file CR-1.

Firstly, you have plenty of evidence of a bona fide relationship that looks like one that could've ended in marriage by July even without extenuating circumstances.
Secondly, USCIS do understand that people do, to a certain extent, plan their marriages around immigration. Most K1 filers would probably have waited longer to get married if it wasn't for immigration. (Ie, they would choose to live close by for a while before getting married.) Which means they are used to people getting married spontaneously/quickly/etc.

No, this is wrong. The reason to ask for the passport of of the co-sponsor is to prove his/her immigration status... (.ie US passport, US birth certificate, naturalization cert etc.) ...I think they need to be USCs but I can't remember and 864 makes me go blind... sorry...
The passport especially does not prove domicile... it has no address listed on it at all! Domicile is not the important thing.
To the OP, did you get an RFE for co-sponsor passport copy and you only sent a state ID and a copy of their SS card? Because if I am reading this right, they might just deny because you did not comply with their request correctly. Neither SS card nor state ID proves anything about a co-sponsor's status.
Good luck.

They can either re-file or file a motion to reopen. The latter costs $585 so is cheaper. Time-wise, it is hard to estimate: I've seen both cases completed in 4-5 months, and also heard of it lasting for a year.
The form to reopen is here: http://www.uscis.gov/files/form/i-290b.pdf. Your friends will have to file a motion to reopen, not a motion to reconsider or appeal as it is due them not providing all the evidence, rather than USCIS's procedural/legal mistake. They must file this within 30 days of the notice of denial.
A snoop around the internet seems to indicate that people have at times succeeded in just writing a letter, but that is them being lucky not anything else. USCIS (here: http://www.uscis.gov/files/nativedocuments/OLUtelcon_012809.pdf) clearly say that a letter is not a motion and if the motion is not filed within 30 days it is too late. (So anyone hoping a letter will work, is betting their life on very slim odds.)
Personally, I would not think an attorney would help, rather he might confuse the process. If it is clear what the reason for the denial is, then your friends can just make 100% sure that they include every possible piece of evidence. (Sounds like they might have to go to the father's house and follow him around to make sure he gives them everything asap!)
The attorney would be more useful if the denial was based on USCIS making a decision that was wrong based on the law, rather than lack of evidence. Law would (maybe) need an immigration attorney to write a brief; lack of evidence needs YOU to get the evidence.

NO!!!! SCARY!!
This is dead wrong for many reasons, sorry. You cannot come to the US on a tourist visa with the intent to immigrate. People DO adjust from a B-2, like my husband did, but we did not have that plan when he arrived on his visa for an extended visit. The fact that you are contemplating this before she gets here makes it an unviable option and potentially illegal/fraud bad thing. Bad advice!
You can come here on your tourist visa and get married and then go home and file for CR-1.
Secondly, the AOS that you describe is not called "CR-1 and adjustment of status." That wording makes it very confusing. It is called a concurrent I-130/I-485 Adjustment of Status. Might seem small, but when people start looking for something called "CR-1 AOS" they will be looking at a lot of conflicting information!
I am very shocked by this misinformation and dangerous advice on here...

Don't know about Turkey, but if you want to keep your German citizenship when becoming a USC you will need to apply for a "Beibehaltungsbescheinigung" beforehand. It cost 290 Euro and is a really annoying procedure, more annoying than AOS, ROC, and naturalization combined. Go to the Yahoo Group ZweiPaesse for more info.

You guys are married, so her relatives are your relatives. It says specifically in-laws, so I am guessing they mean all relatives for the two of you. I wouldn't worry about WHY they are asking it (although I guess it's due to people trying to use immigration to relocate entire families).
If your wife has too many relatives (and isn't in contact with them), what about focusing on immediate family... parents, siblings, grandparents, and maybe even aunts and uncles. For cousins, I would state which aunts/uncles have children and leave it at that. I will defer to more experiences people as to whether that may be a good idea. Good luck.

Confirm Vanessa & Tony, there is a box for "insufficient time between does" as you found on the sheet.
Only advice on getting them to realize their error is be polite as to not get into a pissing match, you know? But you are right. Good luck.

An AOS interview is nothing exciting. You do not have to prepare anything. Bring a photo album of your wedding, however.
They will ask some plain questions, such as where you met, where you got married, if family was around. Perhaps they ask for your spouse's birthday, or if he or she has siblings. Nothing tricky as shown in the movie Green Card. You don't have to know the color of your spouse's toothbrush, and you don't have to know what perfume she uses. But you may -- even without preparation -- know whether or not she drinks coffee or tea. Again, don't try to prepare as there's nothing to prepare for.
Answer all questions truthfully, dress nicely, talk only to answer questions. Don't drift into story telling. You'll be in and out in 20 minutes.

I am American and involved in academia, so maybe I can help. I am somewhat familiar with English school levels and exams (but no expert to be sure). There are a few issues here that can save you some time. I've read this thread ove the past few days and basically, I think you are going about it the wrong way.
Here, all we have is Highschool (you graduate when you are 18), Bachelor's degree, master's etc. If you do not have a master's degree from a university, there is no way you can turn an exam into a degree. (I can't believe someone would suggest that even a good grade on an exam taken at age 18 is anything near a master's degree anywhere!) If you went to uni you have a bachelor's degree (there it takes 3 years, here it takes 4). If you did not go to uni, you have no bachelor's degree. That's all there is to it.
Regarding grades on highschool-age tests, on US resumes we do not list grades, unless you are fresh out of school. I know on UK cvs it is standard to do so. Here, if you passed, you get a diploma. That's all an employer needs to know. If the British Council says 5 pass grades is like a HS diploma, I believe them. If you don't have 5 pass grades, you could always take the GED in the US if you wanted.
If you have some sort of qualification like beauty/esthetician or construction, you will need to get requalified in the US, which probably just requires passing an exam (if you already are trained in said field).
I wouldn't fret or try to fake your resume. Work experience can count for a lot in the US. Hope that helps.
Edit: Uni in England is usually called "college" here (even though they are really unis); don't confuse that with English college.

Remember that September 2010 was a very heavy holiday season for the Israelis - they celebrated Rosh Hashana, Yom Kippur, and Sukkot. So the post office was closed a lot during this time (so was the consulate, which also closed for the Eid.) Even when offices are open, just about everything proceeds at a snail's pace during holiday seasons. I feel your pain - our case also landed at the consulate during the holidays.
About the mail - we had much more reliable results with Aramex than USPS Express Mail - about half the stuff we sent by USPS just disappeared (it would show on the tracker as "arriving in Israel," then...nothing.) I would recommend using Aramex for anything important.
You could send the consulate an email about the double delivery (although it may or may not be read/acknowledged by someone who actually pays attention to the content.) But if both sets of papers are exactly the same, I wouldn't worry about it.
Anyway, now that your documents have finally been delivered, hopefully your case will be completed very soon and you will have visa in hand before too much longer. Good luck!

I agree that "forgiven" is not the correct word to use. It implies that the intending immigrant has somehow offended the immigration officer, and now needs the forgiveness of the IO in order to get a green card. I'd go even farther then "overlooked" and say that it's "irrelevant".
Normally, being out of status or working without authorization would prevent someone from adjusting status - dead stop. The INA specifically says these will disqualify an applicant out of hand. The INA also says that these specific disqualifiers don't apply to an immediate relative of a US citizen. It really has nothing to do with whether the IO has the authority to forgive or not forgive. The INA says it's not a relevant factor.
Now, if USCIS is changing their interpretation of the INA such that overstay and/or working without authorization are no longer irrelevant, but simply not an automatic disqualifier, then that would be news indeed. A great many K1's don't file for AOS until after their I-94 has expired because there has always been an assumption that the overstay could not be used to deny their AOS.

You need to file a CONCURRENT I-130/I-485 package, not just a I-485. The I-130 establishes that she is an immediate relative of yours. (That is the USCIS jargon - CONCURRENT).
Here is the guide
http://www.visajourney.com/content/i130guide2
Good luck! Congrats on your engagement!

This is how they do it. You will get three emails. Why is it redundant? Who knows. Don't sweat it.
*does the calm dance*
Edit: You will get the physical card within 10 business days of your approval, so for you, by October 1st.

The above are true, but there is a point that's been missed. The spouse of a US citizen is not the same as someone who overstayed their tourist visa. The spouse of a US citizen is eligible to adjust status. This is a critically important distinction. DHS policy is to allow someone who appears to be eligible to adjust status to attempt to do so. ICE is supposed to parole them rather than detain them. An immigration judge is supposed to suspend removal proceedings while their AOS application is adjudicated. USCIS is compelled to adjudicate the AOS application. There are protections built into the policies to ensure that someone who is eligible to adjust status gets an opportunity to do so. There are times when those protections don't apply, such a VWP overstay, but they do apply for a K1.
The requirement to file an I-130 with the AOS application shouldn't kick in unless the K1 didn't marry the petitioner within 90 days of entry (can't adjust based on the K1), or they waited so long that the AOS won't be approved until more than two years after the marriage (can't adjust to conditional resident). If they married within the 90 days, and they haven't been married two years when the AOS is approved, then an I-130 shouldn't be needed.
Jimmy, if you intentionally wait to file the I-485 then you are denying your wife an opportunity to have anything resembling a life in the United States. Using the immigration status of your spouse against them in this way is actually one of the grounds for a valid VAWA claim. Like any relationship with anybody, immigrant or not, you can't go into a marriage half hearted. Either you jump into the deep end and take your chances, or you stay out of the pool. Could she break your heart and do a runner after she gets the green card? Yeah, but the girl next door could do the same after you buy her a house. You have to trust that she won't. If you can't trust her, then your marriage isn't going to last.

Does your bill show two lines? Can you show you both contribute to pay bills for the household? Having a joint bank account is great. If you are required to go to an interview and can show that you ARE sharing finances that is wonderful.
The posters that come on AFTER the interview and ask what they can use to prove their marriage are in a hard place. AFTER the interview is too late to begin creating proof because the interviewer will specifically want proof from before the interview. Since you have proof from before you will probably be alright.
Some ideas I have for me and my husband:
Show delivery receipt in both of our names for the mattress we just bought.
Keep receipts for the Christmas present I have planned - a ski day and possibly lessons for both of us and my 8 year old son.
Show receipts for things he has bought my son, like sending money from his personal account to the district's lunch program, etc.
Good job on getting prepared! I hope your ROC process is over quickly!

The 30/60/90 day rule doesn't exist anymore. Thanks to some precedent BIA and court cases, USCIS won't deny AOS solely for preconceived intent, even if they have evidence of it. If, in addition to evidence of preconceived intent, they also have evidence that the immigrant misrepresented their intent to an immigration officer, then they WILL deny the AOS, and ban the intending immigrant for fraud. Unless CBP specifically asked her if she was going to get married in the US, and she denied it, she shouldn't have any problems adjusting status.