EM_Vandaveer

You were supposed to switch your I-751 to a divorce waiver at the time, if a lawyer really told you to do nothing and just wait and see if a joint I-751 gets approved AFTER a divorce then that lawyer gave you seriously wrong advice.... I don't think your case is DIY anymore. You need a GOOD lawyer and possibly you need to remain a LPR indefinitely and never open the Pandora's box of a naturalization application.

Literally Google it...

No. Nor there is an absolute right to have your spouse immigrate. Legally...

I understand the child isn't biologically yours but if your wife is raising the child and you wish to live with her, won't you raise the child as well? How is that so different from having a child (genetics aside)? Not to mention, the problem here is that she had a child "the old fashioned way" which really puts your relationship in a weird light. If the only problem is that you can't have a child then why not use a sperm donor and do IUI or IVF? It'd be really hard to convince USCIS that this is a bona fide marriage. USCIS (belonging to the Department of Homeland Security), however has nothing to do with issuing passports (Department of State does that).

This is what I would do since it's free. Chances are, that first I-765 will get lost in the void...

The possible wrench here is the fact that he's your wife's nephew and his biological mother is alive. The adoption can be a 100% legal and above board. Deriving any immigration benefit from it, including possible US citizenship is a completely different question. It is not guaranteed at all.

That's NOT a thing (having to take fingerprints after entering on an immigrant visa in order to get a physical GC). Where did you get the idea from?

No, there is no requirement to not have a mental illness. It's very common to have depression. In no way does this mean your relative is ineligible for naturalization.... Where does that idea even come from?

More like 15+ years. You can file an I-130 & she should be able to visit. AOS is not part of her process, though.

yes. Alternatively, go back to finish the NVC process & consular processing.

I-824 to route back the I-130 from NVC. Expensive and takes time.

Thank you so much, I have learned something new today!

If the reason for his refusal is that he doesn't have those papers because he never obtained a divorce (hopefully this isn't the case) then unfortunately your marriage would be invalid and you would not be eligible for AOS neither through him nor via VAWA as you need a valid marriage for either of those options.

You do need to obtain a divorce.

They should file ASAP.

Nothing happens automatically, however the beneficiary is deportable so if for some reason they come into contact with ICE/CBP/Border Patrol they can be detained and deportation proceedings can start against them. Marriage itself confers no immigration benefit, once the 90 days are up the beneficiary is overstaying.

You'll only need the I-864 when you file for AOS in the US. For K-1 you need an I-134, you need that for the interview.

There is no such thing as "registering an already existing marriage in the US". On the other hand married IS married. Therefore if you ever have to prove you're married and you got married in a foreign country then you show your foreign marriage certificate (with an English translation). It's sad that so many don't understand this concept although it's logical. For example, bigamy is illegal in the US. If a marriage that took place abroad "wouldn't count" in the US then a person could just get married to a second person in the US even though they were already married in another country to another person. Since that's obviously not allowed, it stands to reason that that is because the first marriage that took place in another country is nevertheless recognized as a legal marriage in the US...

Those 637 days were just waiting for his place in the queue to get an interview. They weren't investigating during that time. Now they're investigating (or rather they will once you give them the DS-5535). As frustrating as it is, you don't really have a choice but to fill out the DS-5535 and wait.

There is no ROC process for a parent, a parent receives a 10-year GC automatically.

The question, I believe, in plain English is asking "Are you inadmissible on those grounds?" So the answer to that is NO, according to what you wrote.

Wouldn't demonstrated immigrant intent make its approval unlikely?

no interview involved, we're talking about an I-90....

She demonstrated immigrant intent so getting a tourist visa at this point is unlikely. One roundabout way I've seen mentioned (it usually works) is seeing the process through, getting the GC then turning around and officially abandoning it, thereby proving lack of immigrant intent and THEN applying for a tourist visa. It's a very pricey and time-consuming way of getting a tourist visa, though.