Mithmeoi

Looks to me you're better off going back home. Divorce him and move on with your life. You deserve to be happy.

I will more than likely just go to Mexico and be with him. I have already lived in Mexico for two years to be with him. We have a child together so finding someone else isn't an option.

I'm so sorry you're going through this. It must be so tough. The website and forums at http://www.immigrate2us.net/ have cases similar to yours and you might find some support there.
I gave similar advice to someone who was going through something similar and moved to Brazil to be with her husband because he was barred from entering for 10 years for the same reason: If going to Mexico and living there for a while is not an option, you can try immigrating to Canada if you or your fiance went to college or trade school and can show that you're skilled workers. (Visit the official Canadian government site for more info: http://www.cic.gc.ca/english/immigrate/index.asp)
Good luck! I hope everything works out for the best!

it is very important to include evidence that covers the entire period of your marriage (or at least since the conditional greencard was received). The list of documents you provided seems more a time-static list of documents - than a set of documents showing continuity of a joint life over time. A history of financial intermingling is the most important evidence for USCIS.

* In that regard, include all tax return transcripts for every year that you have been married. Most important is the filing status: either "married filing jointly" or "married filing separately".
* Bank statements (including transaction pages) are also good. Advice given on VJ is to send quarterly statements since you were married of all joint checking and savings accounts. If have joint credit cards, then those quarterly transaction statements are all valuable.
* Include all leases (in joint names) for all residences since the date of your marriage.
* Joint health insurance policy is good, as is joint auto insurance/home or renters insurance
* Can you get your employer to write a letter stating the date of your marriage and the date that you added your wife to your benefits schedule?
* State IDs/drivers licences showing a common address are good.

Take a look at the pinned articles on the "Removing Conditions" forum - it gives many examples and ideas of evidence to provide.

Good luck!

I would suggest you make the report into ICE.
At some point, the report you have filed makes it into her casefile and is reviewed. Sure, it might take a month or a year for your report to find it's way into her casefile, but ...
I look at it this way - you've helped remove 1 scammer from the system. That's 1 less. 1 less, in my book, is a win, always.

*** Moving from K1 to AOS from Family Visa forum ***
It sounds like you were engaged., got the K1 fiance visa, moved to the USA and are now married. If so, follow this Guide to Adjust Your Status and get a greencard: http://www.visajourney.com/content/k1k3aos

ONLY if there is no signature or payment. Otherwise you would get an RFE later. If there is no signature or payment they will return the petition to you and you will correct the problem and send it back. IT WILL NOT MATTER that it is then late. Simply attach an explanation letter.
No one cuts off your fingers or toes if you are late. I know several cases where the petition was sent 1-2 months late, an explanation was attached and the petitioner still got their extension letter.
You can move on to worrying about something else

One thing is clear though - OPs attorney has no idea what he/she is talking about. Hopefully he is not handling OPs paperwork...

No. Not until he becomes a citizen, leaves the USA, dies or works 40 work quarters. The gov't will most likely come after you for anything because you're the primary sponsor.

For those who are still waiting close to (even pass) 1-year mark, if you are qualified and wanted to become an US Citizen, go ahead and file N-400. But first make an Info Pass appointment first to extend your NOA-1 for another year so you are not out of status.
I have to do this route last year. Even after getting my local congressman involved I was able to get the N-400 approved with the ROC still pending.
And just for poop and giggles I checked my ROC status on USCIS' website, it still says "INITIAL REVIEW".
What a joke.

You might have heard this before, but
In this particular type of case,
the overstay is forgiven , quietly and seemingly-automatically,
when the green card is granted.
This time window you speak of is really a non-issue, if the couple :
1. gets married and
2. files the big AOS package.

If you stay on your tourist visa past the date on our I-94 you will be overstaying. Even if you have your baby in the US, your child will be a US citizen but you will not be able to stay in the country on that account. A child can only sponsor a parent after his/her 21st birthday.
If your boyfriend is serious about you the K-1 is the correct route indeed. Either that or get married already and adjust your status and do so before you have the baby. If your bf changes his mind (about marrying you) once your child is born and you are here out of status, you may be deported while your husband's family may sue for custody of the child, a US citizen.
In the end you should do what you are most comfortable with. If you want to have our baby at home there is no reason for you not to go home and return with a K-1. Either that or ask your BF to put a ring around your finger and get started with your AOS.
Congratulations and good luck!

Thank you.. I want to share with you that I am happy for you. My experience has been horrific at times.. but still I would never want to take away from the joy and happiness from anyone once it is over for them. I would like to find away to make it known.. that the immigration system is a joke.. lol. It is! Not the entire country.. I have never said that. I am sad to leave my home. But I made this choice.. I am fine with that. I just would like to see that it stops hurting people like this.

It'll be HIGHLY unlikely that your spouse's ROC will be approved in the next 2 months as it's currently taking around 6+ months for approvals. But, your spouse can still travel. They just need to bring their green card and the ORIGINAL (it cannot be a copy) NOA letter (which extends the status of the green card for one year). The NOA letter will be sent after USCIS receives their petition, makes sure nothing is missing/incomplete, and cashes the check. As long as they have those two things (green card + NOA letter), they'll be able to travel back into the US. They'll also of course need their passport to travel to the other country.
I just traveled to Canada last month on my expired green card, but I had my original NOA letter with me and had absolutely no problems when returning into the US.

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

If this is the case, I suggest his wife try and contact the embassy/consulate/NVC whatever it is that she contacted and try to explain her mistake.
Regardless of the fact that they won't re-issue the visa, the least she could do is try to undo the allegations against him.
OP, honestly, I don't think being in a relationship with someone that accuses you of such a thing, and then slanders you is a good thing, but that's your decision to make.
This wasn't just a rash decision, it was an INSANE decision.
Make sure you two both spend some time together and talk about this and work through your issues before you try to move forward filing again.
You don't want to go through that happening a second time, it would DEFINITELY be a no forever if it happened again.

I'm thinking if she accused you of fraud, whether or not it's true, and they cancelled your visa, the chances of you being granted another visa with her, or with anyone else for that matter, isn't very good.

this process is extremely stressful
stressful situations bring out the true nature of the person inside
you might want to ask yourself if this really is the right kind of relationship for you.. I couldn't imagine what would happen in the future.. this claim was false - yes? what other false claims might be in your future??? abuse? adultery? green card accusations?
sorry to hear about this unfortunate situation, but better to know now than later

Personally I wouldn't put it off, but I don't think your plan is a bad one either.
When we turned in our RFE we got a reply within about a week's time that we were approved.
There's a chance you might get an interview but it's not a guarantee. I would suggest mailing in your papers already if you have them and just state what dates you'll be out of the country if they do request an interview. Who knows you might actually be approved and have your new greencard before you even travel.
Best of luck to you!

You don't have to date and you don't have to get a hotel room. I really hate it when people try to cry cultural foul and exaggerate the requirements to suit their way. Hotel rooms are in no way a requirement.
You already shot yourself in the foot because you said you met before, just not in the last 2 years. So it was okay for you to meet then, it is okay for you to meet now. You must see eachother in person in the last 2 years before filing. That is to prevent people petitioning for childhood friends and mail order brides.

No it's not "natural", you are "wife to be" or "husband to be" or "I'm looking forward to being your wife" etc. Using the word when it isn't true minimises it's meaning (from now on you shall call me Duchess). You are ONLY husband and wife when married.

I actually see it as a positive. Me and my husband talk all the time via email, and met online, so by them looking into it it actually confirms what we are saying in our application!
And I agree to what others are saying - you shouldn't post anything on the internet that you don't want people to say. Visa application or no visa application. Once it's out there it's hard to get it back!

If you aren't going to go for a green card and want to stay legally, your options are extremely limited. You're taking a big risk no matter what you do. Even if you found some evidence that emergency Medicaid is not considered a public charge, that doesn't mean that DOS or USCIS won't see it that way. Personally, as a US taxpayer, I can't say I'm trilled that you want to use Medicaid simply out of convenience.
I'm not sure of your reasons for wanting to have the baby in the US, but if they're citizenship related, your child will be both Chinese and American at birth regardless of where you have the baby.
I think your best option is to file for a green card even if you are going to move back to China at some point.
Your child will also have to get a Chinese passport to go back to China, in addition to a US passport. This is possibly several months after the birth until you can leave.
I don't think your chances are high for CBP to let you back in just to give birth, without having an immigrant visa.

1. No- she clearly studied here for several years, it's not as if you married as soon as she got here and did AOS immediately.
2. Yes, explain it in the cover letter. If you file AOS now, it'll likely be several months by the time you get an interview, and you will be living together then- make sure to get a joint lease, joint bills etc.
3. No. She got a F1 later, so USCIS are obviously not worried.

You cannot have her come LATER on a tourist visa, then get married, and then attempt to adjust status based on that marriage. If you're thinking you can, I don't understand your reasoning.
On a tourist visa: she could get married but would have to leave the USA and wait in Spain while you file a brand-new CR-1 process, including the 8-12 month wait for that. She cannot stay in the USA because she would have immigrant intent, and that is violating the terms of her tourist visa, it will lead to fraud charges and a lifetime ban on entry into the USA.
On the K-1: you must marry within 90 days. That's it. If you don't marry within 90 days on the K-1, you cannot adjust her status to legal residency afterwards.
Marriage within 90 days or go home, most likely forever since a second K-1 would prove difficult.
I've seen several of these threads now and I have to admit I'm running out of patience/empathy for the posters. If you wanted to "get to know her" that was NOT a reason to file the K-1, as the K-1 specifically leads to marriage. I also feel very badly for her, if this is your unilateral decision that is majorly impacting her life and legal status.