ceadsearc

Yes, two I-864s. Your husband needs to submit his most recent complete tax returns as well.

You should get a lawyer. Once you get into denials and accusations of marriage fraud you are WAY BEYOND do it yourself and no one on this board is really going to be able to help you. It doesn't matter if we think your story sounds good or bad or whatever, USCIS has already determined they don't believe it, whether rightly or wrongly. I really, really suggest you get a good lawyer ASAP

So you were married to a US citizen, you got separated, she told USCIS in August that you married her for benefits and now in October you are planning to marry a different American? Are you in removal proceedings? What visa did you come on? You need a GOOD lawyer and STAT. You have very little chance at getting a green card on your own because you have a ton of red flags that make it look like you are searching for a GC.

So you were married to a US citizen, you got separated, she told USCIS in August that you married her for benefits and now in October you are planning to marry a different American? Are you in removal proceedings? What visa did you come on? You need a GOOD lawyer and STAT. You have very little chance at getting a green card on your own because you have a ton of red flags that make it look like you are searching for a GC.

So you were married to a US citizen, you got separated, she told USCIS in August that you married her for benefits and now in October you are planning to marry a different American? Are you in removal proceedings? What visa did you come on? You need a GOOD lawyer and STAT. You have very little chance at getting a green card on your own because you have a ton of red flags that make it look like you are searching for a GC.

So you were married to a US citizen, you got separated, she told USCIS in August that you married her for benefits and now in October you are planning to marry a different American? Are you in removal proceedings? What visa did you come on? You need a GOOD lawyer and STAT. You have very little chance at getting a green card on your own because you have a ton of red flags that make it look like you are searching for a GC.

Divorce, inform USCIS about your suspected fraud, and move on. It seems your courtship and marriage was brief so she may have trouble with VAWA - she still has to prove a legitimate relationship and good faith marriage. Do not be alone with her again.

You need to schedule an info pass ASAP and figure out what is going on. You get 87 days to respond to an RFE and you're already past 60. If you don't respond by then you'll be denied, so it can't wait.

I don't have any experience, but they HAVE to accept the letter. It is your green card for the time being. If someone does not accept it, ask for a supervisor. Allow extra time, though, because if it comes to that it may take awhile!

You need to schedule an info pass ASAP and figure out what is going on. You get 87 days to respond to an RFE and you're already past 60. If you don't respond by then you'll be denied, so it can't wait.

You leave, you are banned. You can reapply from abroad for a spousal visa when you are ready to return. You'll need to file for a waiver. It will be a long, complicated, and expensive process. Obviously your wife is more important.

Yup, do the CR-1. Luckily she hasn't been out of status long enough to incur a ban. Unluckily her overstay means she won't be able to visit while it is processing. Good news is that once the CR-1 is approved she will enter as a permanent resident, no AOS needed, so this won't happen again.

That isn't true. He can be outside the country for under a year without a re-entry permit and over a year with a re-entry permit (but not more than 2), but he must be permanently residing in the US. If he is visiting the US one week a year and living abroad the rest of the time, USCIS has the right to revoke his green card. A permanent resident must be living in the US, not visiting.
OP, he can try to file but if he isn't planning to move back for another 2 years you're likely going to have a problem. Because while they might say ok and issue you a GC 2 years from now, more likely they are going to scrutinize his GC and see he has not been using it properly for many years and revoke it. The fact that this hasn't happened yet after 5 years of using a GC as a visitor's visa means he just got very, very lucky at CBP.
If he wants to remain an LPR and/or petition you he should move back to the US NOW and stay there.

US citizens have to use US passports when entering the US. It's mentioned on this page but I don't have a link to the exact law. http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
But, basically, a US citizen needs a US passport. The other issue in this is that the child not only didn't use a US passport but presumably implied to CBP that they weren't a USC or eligible to be one, since otherwise they wouldn't have been let in on VWP.

That isn't true. He can be outside the country for under a year without a re-entry permit and over a year with a re-entry permit (but not more than 2), but he must be permanently residing in the US. If he is visiting the US one week a year and living abroad the rest of the time, USCIS has the right to revoke his green card. A permanent resident must be living in the US, not visiting.
OP, he can try to file but if he isn't planning to move back for another 2 years you're likely going to have a problem. Because while they might say ok and issue you a GC 2 years from now, more likely they are going to scrutinize his GC and see he has not been using it properly for many years and revoke it. The fact that this hasn't happened yet after 5 years of using a GC as a visitor's visa means he just got very, very lucky at CBP.
If he wants to remain an LPR and/or petition you he should move back to the US NOW and stay there.

That isn't true. He can be outside the country for under a year without a re-entry permit and over a year with a re-entry permit (but not more than 2), but he must be permanently residing in the US. If he is visiting the US one week a year and living abroad the rest of the time, USCIS has the right to revoke his green card. A permanent resident must be living in the US, not visiting.
OP, he can try to file but if he isn't planning to move back for another 2 years you're likely going to have a problem. Because while they might say ok and issue you a GC 2 years from now, more likely they are going to scrutinize his GC and see he has not been using it properly for many years and revoke it. The fact that this hasn't happened yet after 5 years of using a GC as a visitor's visa means he just got very, very lucky at CBP.
If he wants to remain an LPR and/or petition you he should move back to the US NOW and stay there.

I answered your question before on another forum.
When establishing residency in Canada, you effectively abandoned your US residency as a person cannot be a permanent resident of two countries at the same time. Kathryn gave you a very comprehensive answer -- especially in regard to the income tax implications -- but what I suggested for you is to move back to the U.S. and tread very lightly until you have lived here for 5 years again and file for naturalization once that's the case.
I understand your personal dilemma, but getting away with what you did when renewing a Green Card and filing for naturalization where a comprehensive FBI and database check is part of the process is a totally different ball game. Sometimes, it's better not to step on the sleeping lion's tail but wait until he wakes up and leaves before entering the lions' den and retrieve your things.

We can't account for every little piece of information NOT told by OP. While most cases don't require anything more or anything less than a regurlar AOS interview, there is the occational situation where OP neglected to tell crucial information, or that the AOS was denied based on the intent and whichever other evidence there'd be. This is a fairly good topic on that subject; http://www.visajourn...ost__p__4355185 BUT this one post is the kind of stuff that makes newer users give out warnings, and experienced users ask about the details of the case.
So while "this answer is perfect" suits most cases, there are times when OP doesn't share everything in initial post. You'll see alot of members repeating themselves because people (also non-members) use the posts as guidelines. I personally think that is what ceadsearc did.
There is NO all around answer for AOS or any kind of visa/petition. We all follow the same guides/form instructions and yet some end up being denied. Fascinated about immigration law or not, these posts often reflect how much we want others to succeed in the future without any problems.

I really doubt they'd file charges now and if they did it wouldn't be because you called. The county clerk doesn't have the power to file anything. Even if they did, you would probably get a public intoxication charge which wouldn't make you ineligible for ROC. Relax, be honest, get the paper, and file your ROC. Unless USCIS sees a pattern that makes them question your moral character or you get a more serious charge, it is highly, highly unlikely to be an issue.

I suspect a lot of it is that people tend to be most familiar with their "type" of case and often only know bits and pieces of the laws concerning other "types" of cases. Unless you are just genuinely interested in immigration law and read a lot about it (heck, even if you do, I'm quite fascinated by it but I still couldn't tell you step by step how to get a K-1), it's very easy to not realize all the crazy, ever-changing nuances of immigration law. That's why, IMO, it's best to always either a) look it up before you post, b) don't post if you aren't sure, or c) post but clearly state you are not sure.

How would their disabilities be relevant to expediting VAWA? You're in a period of authorized stay while your VAWA is pending so they aren't at risk for being parentless and if I am not mistaken you can apply for an EAD during that time period as well.
VAWA isn't fast. VAWA is very, very slow, because USCIS needs to weed out the people who actually qualify from the people who are grasping at straws to avoid leaving a country they aren't entitled to live in.

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.

How would their disabilities be relevant to expediting VAWA? You're in a period of authorized stay while your VAWA is pending so they aren't at risk for being parentless and if I am not mistaken you can apply for an EAD during that time period as well.
VAWA isn't fast. VAWA is very, very slow, because USCIS needs to weed out the people who actually qualify from the people who are grasping at straws to avoid leaving a country they aren't entitled to live in.

I don't know how long it takes but you can't visit and AOS if circumstances change or wait with your sick dad or anything. Your visa is a family preference category. You are NOT considered to be an immediate relative of a USC for immigration purposes so overstay isn't forgiven. Meaning, you can only visit temporarily on your B-2 and then return to Canada before your I-94 expires or risk being denied your immigrant visa and banned altogether.

How would their disabilities be relevant to expediting VAWA? You're in a period of authorized stay while your VAWA is pending so they aren't at risk for being parentless and if I am not mistaken you can apply for an EAD during that time period as well.
VAWA isn't fast. VAWA is very, very slow, because USCIS needs to weed out the people who actually qualify from the people who are grasping at straws to avoid leaving a country they aren't entitled to live in.