belinda63

Uk passports .
Only one born in the USA is my self and only moves here 6 year ago 

Asking for clarification from OP, but it seems that her kids are not US citizens and now staying in the US illegally.
 

Perhaps you should ask your brother how to get your fiance here since he was able to get your children here in less than 2 months.
 
Your fiance can apply for a tourist visa. He may or may not qualify for a waiver. All of that would be done by him. 
 
You can start the petition for his spousal visa. If it is denied at the interview due to his history he will be informed of that and if it can be waived. If it can be you can submit the waiver the day of his interview. 
 
Neither path will be quick. 

You provided no evidence of a bonafide marriage. This is the problem. 
Where is your wife currently living? She will need to come see you and stay for a while. You will need pictures of the two of you with family and friends. You will need a domicile in the US to move to. You will need to show you have mingled your life such as bank accounts, joint taxes, beneficiary on insurance, etc.
Nothing you provided shows the two of you have a relationship.

If you feel you have a case then you need to read the instructions for the I-360 and file it along with all the required documents. 
 
1. Evidence of the abuser’s U.S. citizenship or lawful permanent resident status; 2. Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser; Form I-360 Instructions 06/09/20 Page 7 of 16 3. One or more documents showing that you and the abuser have resided together, such as employment records, utility receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, insurance policies, or affidavits; 4. Evidence of the abuse, such as reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. If you have an order of protection, or have taken other legal steps to end the abuse, you should submit copies of those court documents; 5. If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the 3-year period immediately before the filing of your self-petition; and 6. If you are a spouse, submit evidence showing your marriage was entered in good faith, such as proof that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also submit your affidavit or affidavits of others who have knowledge of your courtship, wedding ceremony, shared residence, and other life experiences, if available.

Here are the basic requirements to file VAWA: All of the below have to be proven.
 
As to my comment about you having the ability to leave I clearly stated it was not intended to sound like I was saying you weren't abused I am just stating how lucky you were to have a place you could go. Most ppl stay in an abusive relationship because the abuser controls the finances and alienates the abused from family and friends. 
 
Proof of extreme cruelty will be hard to prove without police reports, it is my understanding you could have multiple appointments with a mental health doctor who, after examination, may be able to provide a statement to support this claim.
The one you can't overcome is "Proof you resided with your spouse". 
 
Eligibility Requirements for a Spouse
Qualifying spousal relationship: You are married to a U.S. citizen or permanent resident abuser or your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse. You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse: You have been abused by your U.S. citizen or permanent resident spouse, or your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse. You entered into the marriage in good faith, not solely for immigration benefits. You have resided with your spouse. You are a person of good moral character.

A big  difference here is they were not co-habitating. She could have left at any time and gone home and she didn't have to come visit him and put herself in that situation. I am not saying he was not abusive I am just pointing out that unlike most DV cases she had a place to go to at any time, she was not forced to endure it. 

If you feel you have a case then you need to read the instructions for the I-360 and file it along with all the required documents. 
 
1. Evidence of the abuser’s U.S. citizenship or lawful permanent resident status; 2. Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser; Form I-360 Instructions 06/09/20 Page 7 of 16 3. One or more documents showing that you and the abuser have resided together, such as employment records, utility receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, insurance policies, or affidavits; 4. Evidence of the abuse, such as reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. If you have an order of protection, or have taken other legal steps to end the abuse, you should submit copies of those court documents; 5. If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the 3-year period immediately before the filing of your self-petition; and 6. If you are a spouse, submit evidence showing your marriage was entered in good faith, such as proof that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also submit your affidavit or affidavits of others who have knowledge of your courtship, wedding ceremony, shared residence, and other life experiences, if available.

Here are the basic requirements to file VAWA: All of the below have to be proven.
 
As to my comment about you having the ability to leave I clearly stated it was not intended to sound like I was saying you weren't abused I am just stating how lucky you were to have a place you could go. Most ppl stay in an abusive relationship because the abuser controls the finances and alienates the abused from family and friends. 
 
Proof of extreme cruelty will be hard to prove without police reports, it is my understanding you could have multiple appointments with a mental health doctor who, after examination, may be able to provide a statement to support this claim.
The one you can't overcome is "Proof you resided with your spouse". 
 
Eligibility Requirements for a Spouse
Qualifying spousal relationship: You are married to a U.S. citizen or permanent resident abuser or your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse. You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse: You have been abused by your U.S. citizen or permanent resident spouse, or your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse. You entered into the marriage in good faith, not solely for immigration benefits. You have resided with your spouse. You are a person of good moral character.

A big  difference here is they were not co-habitating. She could have left at any time and gone home and she didn't have to come visit him and put herself in that situation. I am not saying he was not abusive I am just pointing out that unlike most DV cases she had a place to go to at any time, she was not forced to endure it. 

I'll make this simple. When you file for your new husband you will HAVE TO provide a copy of the divorce decree from your first marriage. 

I'll make this simple. When you file for your new husband you will HAVE TO provide a copy of the divorce decree from your first marriage. 

Yes. The online service cheaper than an immigration attorney is... VisaJourney 😁
 
On the site's desktop version, look at the Guides for Adjustment of Status. Anyone can DIY it as long as they're careful and pay attention to details.
 
It is also recommended that the foreign beneficiary applies for SSN BEFORE getting married. Search the forums for the reasons why and the step by step process.
 
Good luck!
 

Yes with any name change you need to update all your documents to reflect the new name. 

Wow so much misinformation.
1. Felons can petition for fiancé/spouses
2. persons in prison can petition
3. The petitioner does not have to be at the visa interview
4. The petitioner does not have to be at the POE.
5. If the petitioner is in prison and an AOS interview is scheduled his presence can be waived (just like a military member).
It is no ones business why he is incarcerated or for how long. The only way this would be relevant would be if it is a violent, domestic violence, or sex crime. The length of the sentence might come into play as in why give her a green card to live in the US if her spouse will be incarcerated for life (or however long) but that is not for us to decide. Obviously the OP can read and write English so I doubt they intend to come here and live off the fat of the land.
Does anyone even remember what the original question was?

Being born on US soil would make her a US citizen. Is the father's name on the birth certificate? If so both of you will have to sign the passport application.

Yes but if she attempt to leave the country without the father's permission or a court order she is subject to international kidnapping charges.

Being born on US soil would make her a US citizen. Is the father's name on the birth certificate? If so both of you will have to sign the passport application.

Being born on US soil would make her a US citizen. Is the father's name on the birth certificate? If so both of you will have to sign the passport application.

Being born on US soil would make her a US citizen. Is the father's name on the birth certificate? If so both of you will have to sign the passport application.

First you will need a corrected birth certificate
Then you can file for the CRBA but they might want a DNA test due to the issues with the birth certificate.

You said your sister got married in 2008 and your mother became a citizen in 2011. When was the most recent petition filed?

Best guess is the old photo if for biometric identification. Facial recognition happens everywhere all the time and is not always accurate. They may be checking to see if he used forged documents, fake names, etc. Or they could just think he is handsome and wonder what he looked like when he was younger. Point is we could guess all day but we will not know.
WOM is a double edged sword. It means the govt has to make a decision. If his background checks are not complete they will deny it because legally the cannot approve it. It took us two years three trips to Ankara (him alone) to get his visa. 

Best guess is the old photo if for biometric identification. Facial recognition happens everywhere all the time and is not always accurate. They may be checking to see if he used forged documents, fake names, etc. Or they could just think he is handsome and wonder what he looked like when he was younger. Point is we could guess all day but we will not know.
WOM is a double edged sword. It means the govt has to make a decision. If his background checks are not complete they will deny it because legally the cannot approve it. It took us two years three trips to Ankara (him alone) to get his visa. 

How can you properly file a divorce decree when you are not married?