Luckywife2007

Agreed. Even when a court dismisses a case and throws out their records, these things have a tendency to make their way into other law enforcement databases where they persist for years. Even having the record expunged doesn't erase the incident from all public or private records.
I once saw a background check for a potential employee that revealed the applicant had once been pulled over and arrested for having drug paraphernalia in his car. He was shocked because no charges were ever brought against him. As far as he knew, his record was clean. Turns out the company that did the background check had collected the information from the daily police blotter in the local newspaper.

I'm speaking from personal experience. I saw the background check results. The applicant couldn't believe that information was on his background check. I called the company to confirm the information. Their records indicated the information had been obtained from a newspaper police blotter.
Many private firms that perform backgrounds checks do so only from public records. This company also maintained their own private database.

There's bits in here that are right and then bits that are incorrect.
First of all, the States don't have anything to do with immigration. That's a Federal matter and it's the Immigration and Nationality Act (INA) that contains all the law about immigration, including the way to become a permanent resident.
Secondly, it's never illegal to enter on the VWP with intent to marry. What's illegal is entry on the VWP with intent to adjust your status from "visitor" to "permanent resident". So you can come over and get married. You just can't file the paperwork to stay.
So, this is the part of the law where the Service was previously turning a blind eye, as you call it. And actually, they still don't deny adjustments based on this presumption. There is numerous case law which has established that intent to live permanently in the US as the spouse of a USC is not reason enough to deny the adjustment.
You are also correct that if you enter on the VWP and try to adjust and that adjustment is denied, then there is no process for appeal. The landing card you sign before you board the plane contains this language in the fine print. This is the part of the law that is getting people "deported" if the adjustment is denied (these persons are actually given the choice of a voluntary removal).
Where the law is being tightened now is a couple of areas. First of all, VWP is supposed to be for short term stay. Secondly, if someone enters on the VWP and stays beyond that 90 day stay, they have no real legal status after that ninety days. The language used by laypeople on forums is "overstayer". Once a person files for adjustment of status, they are protected from removal from the US by virtue of that pending petition.
Here is where the catch is - if the VWP entrant accrues time between the end of their legally authorized stay (90 days) and the date USCIS accepts their I485 for adjudication, the Service (in certain districts) is using that time in between to deny the case. In essence, they are using the overstay against the alien. Which they have every right to do.

Incorrect. CR-1 get an I-155 stamp that is a temporary green card. NOTHING is filed for when entering the USA. The green card comes in the mail a few weeks later as well as the ssn.
There is no work authorization filing and an I-130 is a CR-1 petition not an affidavit of support. The I-864 is filed during the NVC stage for the CR-1.
Sorry peg you may want to go read the instructions.

Yes you are, as long as you have resided legally in Korea for at least 6 months.

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.

ARE YOU KIDDING ME?!
I am very angry with you VisaWandering for the Nasty comments, Relentless fictional drama, Dishonesty and posting as a male! I'm not sorry for you at all.
You know, 8 pages? Really? And you just now decided to confess this after you ticked off half the community who tried to help you? Smart Girl! Brilliant Hypothesis. Did you get the test results you wanted?
Please go home to the PH before you overstay your Visa . There are so many honest Fiance's who must suffer the waiting pains and endure Manila so they can come to be with their beloved! You took a very valuable seat away from them, and the time of our American CO. That was nothing but greedy and selfish by you and your family.
Mari.
PS: Yanno? I bet you thought I was real just now from what I wrote. Nope. That was just a hypothetical response I think you're looking for still from the VJ Community. I still believe you're the K1 Petitioner and you want to pin this entire thing on her now! Who is Superlloyd then? And you shouldn't talk about sodomy in this arena. This is still a family channel.

Kudos to you Mari, what a good point you brought up!
Even though I am not a K-1 filer, I have a very good friend who filed 4 months ago and is still waiting to be re-united with her Sweetheart!
She is a perfect example of how things can get "crisscrossed" and how one can be misinformed for such important information in regards to getting the beneficiary to the USA. Unfortunately, she is not a member of this site(she is a member of a different Immigration community) and she received some erroneous information which ended up in the dreaded "RFE" and a DELAY of course! I told her that she should ALWAYS check, check and re-check (yes, I am OCD) and even then, "things can change with the drop of a hat" just as you were referring to with the change in the fees for the I-129F!
I always try to be very careful when answering/posting on VJ as the questions and concerns are sometimes very delicate and IF I were to post an answer or give advice on these matters and it was wrong, of course I would gladly accept a correction and try not to get upset or take it personally even though it is hard sometimes to swallow
We all are in the same boat and are here to help and support one another and I know that we get frustrated and impatient (I am VERY guilty of this) SO if one of us makes an honest mistake here, and we are corrected, then be thankful that we have knowledgeable members that are willing to help and support us through this Journey
On a final note, Good Luck to everyone one this K-1 forum and GOD SPEED!

MY GOD Gary and Alla ... can't you ever say anything nice or do you have to be so judgmental and harsh MOST if not all of the time... who died and made you the KING of perfection? People are a member of Visa Journey so that they can seek out help and maybe a little support.. we are not looking for condescending attitude! Yes, I am a firm believer that "if the shoe fits, then wear it" but FGS lighten up just a little for ONCE as if you haven't ever been in a pickle... and egospiers, GOOD LUCK in your Journey and for what its worth... enjoy that Baby when he/she arrives in this cruel world!
P.S.
Use your spell check...last time I looked... BORN is spelled with an N not an M

MY GOD Gary and Alla ... can't you ever say anything nice or do you have to be so judgmental and harsh MOST if not all of the time... who died and made you the KING of perfection? People are a member of Visa Journey so that they can seek out help and maybe a little support.. we are not looking for condescending attitude! Yes, I am a firm believer that "if the shoe fits, then wear it" but FGS lighten up just a little for ONCE as if you haven't ever been in a pickle... and egospiers, GOOD LUCK in your Journey and for what its worth... enjoy that Baby when he/she arrives in this cruel world!
P.S.
Use your spell check...last time I looked... BORN is spelled with an N not an M

Well sometimes things just get to you more than others and this was ONE TIME!

MY GOD Gary and Alla ... can't you ever say anything nice or do you have to be so judgmental and harsh MOST if not all of the time... who died and made you the KING of perfection? People are a member of Visa Journey so that they can seek out help and maybe a little support.. we are not looking for condescending attitude! Yes, I am a firm believer that "if the shoe fits, then wear it" but FGS lighten up just a little for ONCE as if you haven't ever been in a pickle... and egospiers, GOOD LUCK in your Journey and for what its worth... enjoy that Baby when he/she arrives in this cruel world!
P.S.
Use your spell check...last time I looked... BORN is spelled with an N not an M

with the cri you get your green card, you get your social security card, you can work, and less money,

Money transferred between spouses wouldn't seem to pass the test as income.