ceadsearc

I'd see an accountant if you're confused but you can probably do it yourself.
You need to file an amended tax return which is a 1040X. Either get an ITIN for your spouse, if possible, and amend to married filing jointly, or simply amend to married filing separately, file your return, and mark "NRA" where it says "spouse's social".

I agree on the material misrepresentation possibility. Is it a huge risk? Maybe not. But it may also be on record that you said you wouldn't adjust and knew you were not supposed to, and since you entered on VWP you get no appeal if you are denied.
I would either file for a K-1 now or marry now and file for a CR-1, you can stay till the end of the 90 days anyway and still visit back and forth while it is processing.

There is no guarantee of what any CBP officer is going to do. Much of the determination is at their discretion. It might seem like a loophole, but it's really not. The instructions and USCIS website are clear:
If you are a permanent resident, you need to RESIDE in the US. You can visit abroad, but you cannot LIVE there. If you are spending more time out of the country than in on a regular basis, you're going to have a problem.
You don't need a re-entry permit for travel less than a year.
Any amount of time out of the country can be used in consideration of abandoned residency. Yes, 6+ months (especially repeatedly) is more of a red-flag, but it's not JUST the amount of time in one trip. It's about how you are maintaining residency in the US.
A re-entry permit shows you plan to return and is necessary for trips over a year but does not guarantee you re-entry if it is evident you have abandoned residency.
In conclusion: you need to live in the US. If someone you know is only coming back to the US once every 5 months and spending the rest of the time abroad, they're just plain lucky thus far. Eventually, their GC will be revoked.

Being a soldier and risking his life doesn't excuse abuse. Of course people are advising off her side of the story, what else would they do? That is the case for every single post here. Posters have to assume what is being said is true in order to give advice. I'm not sure where your hostility is coming from in calling her out as ridiculous and horrible based on ... the idea that she COULD be lying? We all could be, you included. But unless her spouse comes here to defend himself we will have to assume what she says is true. And it does read like a classic abusive relationship.

Being a soldier and risking his life doesn't excuse abuse. Of course people are advising off her side of the story, what else would they do? That is the case for every single post here. Posters have to assume what is being said is true in order to give advice. I'm not sure where your hostility is coming from in calling her out as ridiculous and horrible based on ... the idea that she COULD be lying? We all could be, you included. But unless her spouse comes here to defend himself we will have to assume what she says is true. And it does read like a classic abusive relationship.

That's perfectly fine. I am not a lawyer, but I have studied the laws regarding immigration and tourist visas and I have seen no law whatsoever that says a B-2 cannot be used to marry in the United States if the tourist is then returning to their country. Keep in mind that not everyone coming to the United States to marry is even marrying a US citizen - some people come for "destination" weddings in Hawaii or Las Vegas and you can bet that they are up front on their visa applications.
The reason I am so adamantly arguing with your statement is because you are providing misinformation to people who come to VisaJourney and are looking at their legal options. Hopefully, they will realize the errors in your statements. If not, I suppose it is a lesson on not trusting what you find on the internet without verifying it yourself.

I'm sorry, but that's just not true. A visa not being approved for a certain reason doesn't mean something illegal occurred. As you said, the key is intent. If a B-2 is denied because of marriage plans it is because the officer believes the person applying has INTENT TO IMMIGRATE. That INTENT is what is illegal. If they do not have intent to IMMIGRATE there is nothing illegal. The reason visas get denied in cases like that is because EVERY petitioner is assumed to be planning to immigrate unless proven otherwise and plans to get married in America to a USC do not prove strong ties to the home country nor do they prove plans NOT to immigrate.
That being said, some visas ARE granted even if the officer knows there is intent to marry and return home, assuming ties to the home country can be proven.
If you truly believe this to be illegal, you should not be advising the OP to omit the true nature of their trip when applying because VJ does NOT support condoning illegal activity.
A b-2 is for tourists to come to America. A tourist can marry in America, as a tourist, and then return home. They maintained tourist status the entire time, there is nothing illegal. I'd challenge you to point to the immigration law that states this is illegal but I'd bet dollars to donuts you will not find one.

The idea that it is illegal to get married and leave the country is false. I'm not sure where the idea came from but I assure you that you will find no proof of it. A k-1 is for someone to come and get married, yes. But it is for them to stay. That is why a CR-1 exists as well. It's for already married people to file abroad and there is NO requirement that the marriage didn't happen in the US or wasn't planned or anything like that. It's not going to look bad to immigration, in fact it will probably look better as they didn't overstay. The reason someone who tells CBP they are coming to marry an American on a B-2 might be turned away is not because it's visa fraud, it's because CBP is worried they plan to then commit visa fraud by applying for AOS after arriving with intent.
To the OP, I understand where you are coming from. Good luck. Make sure you bring lots of evidence of strong ties to your country when traveling back and forth as this will help you to be allowed to enter.

You have a GC. You don't need VAWA. Have you filed for divorce yet?

Maybe it is appearing to them to not be a complete tax return? I would order a tax transcript from IRS. This includes everything and is better in this situation.
If you're really unable to figure out the discrepancy, considering scheduling an infopass and see if an IO can help you sort it out.

I think your evidence looks more than solid - I'd hold off on sending pages and piles of FB correspondence and/or cards and letters. Pick a few spanning over time, and send copies of those for now.
Also, I wanted to send you the warmest of Congratulations. Personally, the day DOMA was repealed, my "traditional" marriage felt stronger than ever to me and my husband. It was about time for US to take this step towards actual marriage equality. In Finland we have a saying: "Shared joy is double the joy".

Being a soldier and risking his life doesn't excuse abuse. Of course people are advising off her side of the story, what else would they do? That is the case for every single post here. Posters have to assume what is being said is true in order to give advice. I'm not sure where your hostility is coming from in calling her out as ridiculous and horrible based on ... the idea that she COULD be lying? We all could be, you included. But unless her spouse comes here to defend himself we will have to assume what she says is true. And it does read like a classic abusive relationship.

Again, we have no way to know for sure that OP's story is legit but trying to poke holes in it based on her English or how domestic violence arrests work in your area is silly, IMO. I don't know what the hoopla is over her English, her written English is very similar to my husband's and almost identical to a foreign exchange student we hosted when I was in high school, who absolutely wrote that well after a year even though she didn't know a ton of English prior to coming. Again, I'm not saying the OP couldn't be lying but the best thing anyone can do is advise based on the idea that she isn't and leave it at that.
It is also clear that many people here have never been in an abusive relationship and do not understand the dynamics involved it in from either side. If you've never been there you'll never totally understand, but nothing she has said about the status of her relationship would come up as a red flag to almost anyone who has been there.
OP, obviously there is no point in continuing to hash out this thread. You've gotten advice on VAWA, I suggest you follow that if you have the evidence needed. I also suggest you contact a family law attorney. Your county may have resources for finding someone pro bono if you cannot afford one.

Being a soldier and risking his life doesn't excuse abuse. Of course people are advising off her side of the story, what else would they do? That is the case for every single post here. Posters have to assume what is being said is true in order to give advice. I'm not sure where your hostility is coming from in calling her out as ridiculous and horrible based on ... the idea that she COULD be lying? We all could be, you included. But unless her spouse comes here to defend himself we will have to assume what she says is true. And it does read like a classic abusive relationship.

I'm just speaking as someone who has been through it in my state as I assume you are in yours. Yes, I have been divorced. It was a pain in the you-know-what that took the better part of 2 years. I am sure courts are biased but your statement that someone who is lying about working and trying to scam someone out of money "should" do this and that you are "proud" of them for it makes it look like you are the biased one. As for "the courts don't care" - yes, they do. Spouses job as well as whether the spouse can support themselves and even have money left over are both considered in determining alimony. Perhaps in your state it is different.
Regardless, this is neither here nor there. This has nothing to do with immigration which is the answer to the OP's question: chances are the I-864 won't affect alimony. If anything it could work in your favor but really, alimony is probably going to be a completely separate issue.

He still has to file as a sponsor even if he doesn't make any money. He will always be your primary sponsor, the other person will be a co-sponsor. If he is unemployed he probably isn't required to file taxes. Double check with IRS. If he wasn't required then no, he does not have to file in order to sponsor you, he needs to include a statement of why he didn't file (because he didn't have to, etc.)

Well one downside would be once she is a GC holder, she loses her provincial health care, even if living and working in Canada
OP - take that into consideration, you cannot have your cake and eat it too
good luck

What is the point of getting an immigrant visa if you don't want to live in the US?
And no, just visiting the US will not be enough to keep the GC.
You could get a reentry permit, but it begs the question, why not just wait to immigrate until you are ready to, instead of paying for the reentry permit fee?

The OP is not eligible for Medicaid. Getting it anyway would be illegal. They should not attempt that if it is in fact Medicaid regardless of if it is "cheaper."
As for someone thinking they are entitled to free medical care - I see no one saying that. The OP simply asked if it was an option since the hospital had brought it up. No need to ride around on your high horse just because you have a Master's degree.

Being a soldier and risking his life doesn't excuse abuse. Of course people are advising off her side of the story, what else would they do? That is the case for every single post here. Posters have to assume what is being said is true in order to give advice. I'm not sure where your hostility is coming from in calling her out as ridiculous and horrible based on ... the idea that she COULD be lying? We all could be, you included. But unless her spouse comes here to defend himself we will have to assume what she says is true. And it does read like a classic abusive relationship.

OP doesn't have a timeline or country filled in, so we don't know where she is from. Even though she may have come here for love, "home" may not be a great place to return to either.
To the OP, as was mentioned, you can try for VAWA but it isn't guaranteed. It's good that you went to the police station and you should continue to do that if anything else happens regardless of whether you plan to stay or go. I can tell you from personal experience that abusive people DO NOT CHANGE. Read the VAWA threads here for more information if you do indeed want to try to obtain your green card anyway.

Not to be a downer, but your residency can't start before you file AOS and are approved. I am not sure how this IO plans to "fix" your dates, but just be aware that you may run into the same situation because chances are a supervisor or someone else will catch on to the error (and if not, then when your ROC gets to the top of the pile that IO likely will).
If you read the regulations and rules regarding green cards through marriage, your length of marriage prior to receiving your GC only affects whether you get a 2 year GC or a 10 year GC. Your residency can't be "backdated" unless someone messes up.

Not to be a downer, but your residency can't start before you file AOS and are approved. I am not sure how this IO plans to "fix" your dates, but just be aware that you may run into the same situation because chances are a supervisor or someone else will catch on to the error (and if not, then when your ROC gets to the top of the pile that IO likely will).
If you read the regulations and rules regarding green cards through marriage, your length of marriage prior to receiving your GC only affects whether you get a 2 year GC or a 10 year GC. Your residency can't be "backdated" unless someone messes up.

Yes! I knew there was a similar case. And he was also told wrong by an IO and had to make several appointments to get it corrected but finally did.

Not to be a downer, but your residency can't start before you file AOS and are approved. I am not sure how this IO plans to "fix" your dates, but just be aware that you may run into the same situation because chances are a supervisor or someone else will catch on to the error (and if not, then when your ROC gets to the top of the pile that IO likely will).
If you read the regulations and rules regarding green cards through marriage, your length of marriage prior to receiving your GC only affects whether you get a 2 year GC or a 10 year GC. Your residency can't be "backdated" unless someone messes up.