Sirdaniel42

Do not lie to the officer and say he is "visiting friends" or something like that. Seriously. Do not incur a ban.
That said, my husband, like many others, is currently visiting on the VWP and came prepared with a copy of his NOA1 and earnestly told the officials that we want to do NOTHING to jeopardize his pending visa.

Are you freakin' kidding?????? He is the one being selfish.
HOW IS IT LOVE TO MAKE YOUR WIFE AN ILLEGAL ALIEN WHEN YOU CAN MAKE THE ONE PERSON YOU CANNOT LIVE WITHOUT A LEGAL RESIDENT??????
Your husband is an idiot. ICE can arrest you. Why would ICE not be able to arrest you for being illegally in the US? You got papers saying that you are legal? NO!!!!
If you are "lucky" to live in a state that allows illegal aliens to get a driver's license, then that's great. Most states don't allow illegal aliens to get driver's licenses.
Good luck with your choices. Your husband is an idiot at best. He is so selfish. If he didn't trust you, then he shouldn't have petition for you and married you.
Since your idiot husband thinks that signing the I-864 is bad for him. What will change in 1 or 2 years? He will still be signing the exact same agreement.
Tell the idiot that if you get your green card, it will be 3 years before you get your US citizenship. Once you get your US citizenship, the I-864 he signed will end. The longer it takes you to get US citizenship, the longer the I-864 will hang over both your heads.
All of this stupidity can end in 3 years if your husband signs the I-864 now.
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Sorry if calling your husband an idiot offends you. It offends me more that he would rather his wife (the person he loves the most) live as an illegal alien rather than a normal person.

holding a green card is tantamount to you successfully participating in USA society and economy.
Without it, IMO, you've just become a house-slave.

Oh my goodness there are plenty of posts on this forum on this very topic.
When your 1-94 expires you are out of status. We agree on that right? Soooo-
Adjustment of Status under Section 245 of the INA.
© On Unlawful Presence under Section 212(a)(9)(B) and © of the Act .
If the alien is not in an authorized period of stay, the fact that he or she is a grandfathered alien does not prevent the alien from accruing unlawful presence under section 212(a)(9)(B) and © of the Act.
The only way to obtain a period of authorized stay is to file for AOS. If you do not, you are accruing unlawful presence- if you are picked up by immigration for whatever reason during that time period, they will detain you. The immigration judge will order you to file for AOS in a required time frame and release you. They will follow up to see if you complied, if you didnt and you ignore the immigration judges orders, he has the power to deport you as by that time you would have significant unlawful presence and violated his order.
And FYI- The above is what would happen to a spouse of a USC who fails to file for AOS. Typically the judge will release them and give them the opportunity to file on their own. Heres an article about refugees, who came to the country and failed to adjust status because they didnt understand the process or requirements. They were caught, detained and ordered to remain in jail until their AOS is complete.
http://www.hrw.org/news/2009/12/28/united-states-end-detention-refugees-failure-file-forms
So again, once your K1 expires and you file for AOS and are placed in a period of authorized stay- yes you can be detained. Yes, you can be ordered to sit in jail and wait for your AOS to be completed if the judge orders it (rarely happens to spouses of USCs) and yes, you are accruing unlawful presence days, each day that passes until you get your GC, but they will be forgiven.

I am sorry, but you are incorrect. If you come here on a K-1, get married within the 90 days but do not file for AOS before the I-94 expires, you DO begin to accrue overstay. Once you file for AOS, the overstay clock will stop and you will be in a period of authorized stay.
There is no deadline to file for AOS. That is true. However, it is not true that you will not be out of status. Out of status = unlawful presence. Please search VJ for many many posts on this topic.
It is unlikely you would ever be detained but it IS possible, even if it is a small one. You would not be deported if you were detained. Since you would be eligible to file for AOS, the judge would most likely just order you to file for AOS immediately.
Lots of people file for AOS a few weeks or months(some even years) after their I-94 is expired and never have any problems due to overstay.

Hey ! Stoking fear about this presidents action doesnt advance your cause in any way, shape or form. Stop the nonsensical posting!!

I can tell some people still did not bother to read the information from the site linked above in this thread. Yes, they must be under the age of 31, and brought to the US by their parents through no fault of their own. It is not for minor children. It is for those that were brought here AS children to get a work permit. They also have to be in school or a graduate or veteran with no criminal background. A lot of the people eligible and applying for Deferred Action were brought to the US at a very young age, grew up here and have never known any other country as home.
They are not being 'let in' because they have already been here, growing up and living their lives here in the US. They are not being granted a green card, and they most certainly do pay the fees to file for their EAD. http://www.dhs.gov/deferred-action-childhood-arrivals#5
The waiting times at VSC and CSC fluctuate all the time and people were already waiting 5+ months for I-129F petition approvals before Deferred Action ever came into existance.
As for the USCIS lying: that is why the USCIS hotline is known as the misinformation hotline. They are not outright lying on purpose. The people that answer the phone at tier 1 level are not immigration workers and only know what is on their scripts and the screens they are able to see. They are hired to answer the phones. They hand out misinformation on a daily basis.

Wow man if you're getting this frustrated this early on then you'll probably get an aneurysm by the time your fiancee goes for AOS.

I see you've been waiting for five whole days...my condolences.

You should be blaming the parents who came here illegally with their children in tow. Children who grew up here, went to school here, and are here by no fault of their own. These children want the opportunity to remain in the only place they know as home. Our government has a conscience...I find no fault in that. Obviously you don't know the first thing about this legislation. You are being selfish because it may take your case a month or 2 longer to get through USCIS, oh boohoo. Your case and check being lost has zero to do with Deferred Action.

It's clear you don't know anything about the Deferred Action Program. Go learn something since you will be waiting, waiting, waiting (like all the rest of us) you have time on your hands: http://www.dhs.gov/deferred-action-childhood-arrivals .
FYI wait times are long from a combination of factors, not just this new program. It is mostly because USCIS has laid off half their employees and dramatically cut funding in the last 2 years. That you can thank Congress for.

quite possibly a scam.

Words mean things. Your petition was "rejected" not "denied". You didn't apply for anything. You filed a petition. When a petition is denied, they keep the filing fee because it is a fee for filing, not a purchase price for a product.

I am completely embarrassed to admit this.. but my fiance and I were denied in June for the same reasoning. I know what it feels like, I felt like a total idiot.. still do actually that I was that careless. BUT! Do not appeal the petition, just refile and wait it through. It is cheaper, and although it is extremely hard doing this whole waiting game over again it is the right choice! Take it as a learning lesson, learn from the mistake! I had to wait a month I believe before refilling, but it should state that on your denial notice. Keep your head up and be over prepared! Read everything multiple times, make check lists, etc! Hang in there and never forget the amazing people and their information always wanting to help on this forum!

Because they were right to deny the petition. You would be appealing whether the reason they gave you was correct. Since it was, you'll lose the appeal AND the time. You could only win the appeal if you can show compelling evidence that you actually DID send all the required supporting documentation.
This ain't my first rodeo. Same goes for the others telling you to skip the appeal and file again. We see this frequently. Time to bite the bullet.
Just to be clear, you aren't appealing whether you qualify to have a petition approved. You're only appealing whether you filed what you were supposed to file. You didn't, so you lose.

Section 6A of the 129f form Instructions specifically state the requirement for the G-325A forms.
Obviously you didn't do a thorough of enough job.....but now you have VJ and no further excuse.

Read the instructions, submit a new petition with the attached documentation required. Filing an appeal will cost more and take longer. Forget it. File a new petition.
You are not entitled to an RFE. USCIS can simply DENY a petition IF you do not submit enough evidence that you have a petitionable relationship with someone. If one or two things are missing, they send an RFE for the missing things. If all you sent was an I-129f, they are not going to bother with you and just deny it.
1. READ THE INSTRUCTIONS carefully, interpret literally. EVERY thing you claim must be proven with attached documents. You are a citizen? Prove it. You intend to marry? Prove it. You have met in person? Prove it.
2. Collect the needed documents and file a new petition
DO NOT submit an appeal. Just send in a new petition. The appeal will cost more and take longer and you will lose

sounds like she had a coach for her immigration fraud or a series of coaches.
2 weeks in country and she does this? All was planned, prior.
Cut yer losses, file for divorce on Monday. Change the locks, change yer telephone number, do not contact her further.
She's setting you up for a VAWA claim, but she's stupid - she not need to adjust to a 10 year card later down the road with VAWA - a divorce, instead, will be helpful for her in filing the ROC bit.
Seriously, change the locks today, change yer # on Monday, file the divorce on Monday.
You've been had. You can certainly file a report with ICE, if you want.
To any one of the faithful VJ readers who want to say, "Wait! There's always 2 sides to the story!" - uhm, sorry, I get to disregard you, this one time.

He was the immigrant -- I'd been living in the UK for 12 years, and we decided to get married so we could move back to the States. (I also figured out that we'd been in the States nearly two years, not 11 months before we separated -- amazing what time will do to your recollection of even the worst of events!) He decided to stay, because he had made friends and had work here, and he wasn't keen on moving home given the state of the economy there.
We tried and tried and tried, though I tried more than he did. I will tell you, he now seriously regrets not trying harder, and for continuing to see the other woman on the sly for a while. He realises he threw away everything -- the respect of some of his friends, his mum and dad, the love he had for me, the deep connection we had together -- for a woman who had nothing to offer him in the end. He had some terrible (and thankfully now former) associates who convinced him that cheating was okay, because he wasn't happy with me. It turned out by his own admission that it was himself he wasn't happy with. He has to live every single day with the guilt of what he put me through. I do not envy him.
You sound like you want to try to at least explore the idea of reconciliation. If your wife is amenable and you trust she is not only contrite, but willing to put in the legwork, think about it. But not now. You need some time, and not just a few days, or a week. You need as long as it takes to make this decision -- do not rush it.
I know how you feel about being at "the scene of the crime." I found out that she had been there with him when I was away on a business trip. It killed me. And in the months that followed, even though we were living apart, most of his stuff was still in the house. I felt like it was haunted by his ghost, and the ghosts of our past happiness. It drove me bananas. I took a six month hiatus from VJ starting the day I discovered the affair. I couldn't stand to read about happy couples. I couldn't face my friends on here. I was consumed by what happened and ultimately it broke me down because I allowed myself to be obsessed with thinking about what happened. I lost a ton of weight. I lost consultancy contracts. I lost a lot of self-respect.
What set me free was accepting what happened, trying to learn from the mistakes, and taking a LOT of time to heal. I now have a new career and the happiest and healthiest relationship I have ever had. It took me two years to get there, but I did it.
The one thing that kept reminding myself, even in the rawest moments, is that whatever he did, he would have to live with, and whatever I did, I would have to live with. That meant nothing I could be ashamed of in years to come. You can be strong and assert yourself without being vindictive. This is the best decision I made, because looking back, I behaved with dignity throughout. It's a thought to keep you going.
If you ever want to drop me a PM, please do.

First off, my sincere condolences. My marriage went t!ts up due to infidelity 11 months after we entered the US, despite having lived together abroad for a couple of years before we made the move. He and I tried to reconcile for almost a year while living separately, and did six months of marital therapy. Ultimately, though, you both have to be committed to counselling to make it work, and he wasn't. (In retrospect, although the break-up was cataclysmic, I've come out the other end happier and healthier than I've ever been as an adult.)
You need to step back from all of this for a while, even though it is all you can think about (and will be for some time). What is the outcome you desire most of all? Is that outcome realistic? Does it involve her? Does she want to be involved?
There are many on here who will say once a cheater, always a cheater. Personally, I don't agree that this is always the case. But you do need to look at your wife's history in this matter, and determine whether you can trust her. I don't know about you, but what was most painful to me was that he lied to me. Not being with another woman, but all the lies. He still lies to me about what happened, even though he and I have grown to be friends again. When you marry someone, you open yourself to them completely, bring them yourself and trust them with your heart and soul and body. Breaking that trust can be fatal. Only you and she know whether the trust can be rebuilt.
My best advice would be not to do anything rash right now, when you are at your most vulnerable and most raw. It feels surreal, like you're walking in a dream, I know. If you can stay with friends now, do. Talk to your friends and family. They know you best. There are people on here who will tell you to go home, you have nothing invested here. Only you know how much you have invested here, in terms of life and relationship.
It is your decision. Be strong, and take courage.

for peets sake man, how many threads do you have to open to post the same question.. hope you are not a troll.. also punctuations and writing in lower case helps..

Off the top of my head the lawyer wants a copy of the greencard to put in his portfolio of successes to CONvince a few others into hiring him or believing he's doing a fantastic job.
The only thing he deserves a copy of is 'the finger'.

It doesn’t affect the decision but it could certainly hurt your pocketbook as you don’t know the result of the interview or how long it will take to get the visa in hand.
We have seen time and again on VJ, people in a panic because of wedding plans, flights, whatever.

You must still be able to get married to use a Fiancee visa. IF you get married you would requre a spousal visa and startng all over again. Do not make any wedding plans until the visa is in your hot little hands.
Dave