belinda63

If you don't live in the US and can't prove you live in the US by methods such as (not an inclusive list) having a residence, filing US taxes, maintaining an active bank account, etc. then you are no longer a resident of the US and are not entitled to a green card. Frankly I am surprised you were allowed to enter using the green card after an absence of almost three years.
You can certainly apply for a re-entry permit but I doubt it will be approved given you just had one for two years and exceed it by a almost a year. Most likely it will be determined you are no longer a resident and your green card will be taken away.

As soon as you married you killed the K-1 application as he was no longer your fiance and now will have to start all over with the CR-1. It does look suspicious that he came on the VWP while his K-1 was pending and "suddenly" married instead of waiting for the K-1 visa.
Sorry to say but anything you have done to this point is no longer any good and you will have to apply for a CR-1.

Follow the instructions Here OR if you have an IRS office in the area you can walk in and obtain a copy of the transcript right then and there.

Yes, finally. A round of prozac for everyone.

Each state has guidelines for how much child support to award based upon the income of each parent or potential income if either parent is under- or unemployed. As such the Court is required to set an amount based upon the guidelines unless there is a compelling reason to do otherwise.
If you think he may at some future time work in the US or a country which will enforce the child support order then just go with the flow and have it established per the guidelines.
If you don't think this will happen, then explain this to the judge and ask for a zero order of child support or the state minimum. Reason for this is a friend of mine applied for government assistance and because her child's father had been Ordered to pay support they included it as income for her when calculating what benefits she was entitled to even though he had not made a payment for years. If he does return to the US you can always petition the Court to increase the amount of the support.

When you signed the voluntary deportation papers you also withdrew your application to adjust status. You can only adjust status from within the US and you signed a paper agreeing to leave the US. I suggest you read the paper you signed or have someone read and explain it to you regarding the voluntary deportation. I can almost guarantee there was a date somewhere on there that you agreed to leave the country by and it has probably already passed meaning that now ICE is looking for you and the voluntary deportation will become an involuntary one.
You were advised several times to consult with an attorney and obviously you never did. I strongly recommend you leave the country voluntarily as you agreed four months ago rather than wait until they find you and deport you by force.

The petitioner is always the primary sponsor even if they have zero income and assets. The joint sponsor is just that, joint with the petitioner.

When you signed the voluntary deportation papers you also withdrew your application to adjust status. You can only adjust status from within the US and you signed a paper agreeing to leave the US. I suggest you read the paper you signed or have someone read and explain it to you regarding the voluntary deportation. I can almost guarantee there was a date somewhere on there that you agreed to leave the country by and it has probably already passed meaning that now ICE is looking for you and the voluntary deportation will become an involuntary one.
You were advised several times to consult with an attorney and obviously you never did. I strongly recommend you leave the country voluntarily as you agreed four months ago rather than wait until they find you and deport you by force.

When you signed the voluntary deportation papers you also withdrew your application to adjust status. You can only adjust status from within the US and you signed a paper agreeing to leave the US. I suggest you read the paper you signed or have someone read and explain it to you regarding the voluntary deportation. I can almost guarantee there was a date somewhere on there that you agreed to leave the country by and it has probably already passed meaning that now ICE is looking for you and the voluntary deportation will become an involuntary one.
You were advised several times to consult with an attorney and obviously you never did. I strongly recommend you leave the country voluntarily as you agreed four months ago rather than wait until they find you and deport you by force.

When you signed the voluntary deportation papers you also withdrew your application to adjust status. You can only adjust status from within the US and you signed a paper agreeing to leave the US. I suggest you read the paper you signed or have someone read and explain it to you regarding the voluntary deportation. I can almost guarantee there was a date somewhere on there that you agreed to leave the country by and it has probably already passed meaning that now ICE is looking for you and the voluntary deportation will become an involuntary one.
You were advised several times to consult with an attorney and obviously you never did. I strongly recommend you leave the country voluntarily as you agreed four months ago rather than wait until they find you and deport you by force.

Abused wife.......unless you have serious proof that you were abused you will have no luck filing a VAWA. By proof I mean police reports. You can make all the allegations you want but unless you can prove they are true it will just come across as someone who came to the US for a green card and not for marriage.
Since your AOS (green card) was denied due to the sponsor (your husband) withdrawing the affidavit of support even if you had received an EAD (employment authorization document) it is now not valid. Therefore we are concerned as to how you are supporting yourself since you cannot legally work in the US. There are a lot of people who will take advantage of a non-immigrant working illegally, for example not paying them, paying them less than minimum wage, etc.
Since you cannot obtain a green card here or work here legally I don't see what you mean by leaving the US not being an option. How do you plan to spend the rest of your life, working illegally and constantly looking over your shoulder for the immigration police to arrest you? Life in the Ukraine could not be any worse than what you would be looking at if you remain here with no status.

Why is returning to the Ukraine not an option? I am sure your family will be supportive if the problem with the marriage was not your fault and it doesn't sound like working was a problem for you. If you have no place to live and no job here (as you cannot legally work without an employment authorization which you don't have) then what is holding you here?

In the US men and women are seen as equals. The age of "Leave it to Beaver" is long gone. Obviously some countries provide classes on how to scam American men by making false claims of violence, ruin the man's life, and TRY to take everything he has. Won't work, suggest you advise your "instructor" to update on US divorce laws and to stop advising women that she can apply for VAWA if the marriage doesn't work out.
Wow this is way off topic.
My original advise still stands, be nice but firm. Sounds like she took the same class as vietbride.

Well to follow your argument that he should be treated the same as an illegal immigrant he would be looking at months in detention, being shuffled from center to center where you may not even know where he is being held, and possibly being denied medical care. He would have his day in court but he is not entitled to legal representation unless he pays for it (which would cost as much as the return ticket that would have prevented this) and what would his argument be? Well there was the volcano and then rather than re-booking my flight at no charge I decided to overstay and get married and file for AOS?
The VWP is a way for persons from certain countries to not have to go through the hassle and expense of obtaining a visa. By not having to apply for and be interviewed for the visa they waive certain rights in return. He certainly had the option of applying for a B-1 visa to come visit and then he would have the rights to a hearing prior to being deported.
While I feel your frustration I don't believe you are justified in blaming the system when the fault was yours.

Well to follow your argument that he should be treated the same as an illegal immigrant he would be looking at months in detention, being shuffled from center to center where you may not even know where he is being held, and possibly being denied medical care. He would have his day in court but he is not entitled to legal representation unless he pays for it (which would cost as much as the return ticket that would have prevented this) and what would his argument be? Well there was the volcano and then rather than re-booking my flight at no charge I decided to overstay and get married and file for AOS?
The VWP is a way for persons from certain countries to not have to go through the hassle and expense of obtaining a visa. By not having to apply for and be interviewed for the visa they waive certain rights in return. He certainly had the option of applying for a B-1 visa to come visit and then he would have the rights to a hearing prior to being deported.
While I feel your frustration I don't believe you are justified in blaming the system when the fault was yours.

Anyone with half a brain would understand why she is not in Iraq with you. I think if you can show that you do have a legitimate marriage, say joint lease, some bills together, etc. there would be no issue of fraud. Personally I don't see an issue as it is but obviously someone else does.

In the US men and women are seen as equals. The age of "Leave it to Beaver" is long gone. Obviously some countries provide classes on how to scam American men by making false claims of violence, ruin the man's life, and TRY to take everything he has. Won't work, suggest you advise your "instructor" to update on US divorce laws and to stop advising women that she can apply for VAWA if the marriage doesn't work out.
Wow this is way off topic.
My original advise still stands, be nice but firm. Sounds like she took the same class as vietbride.

If you have the Advanced Parole in your hands this should not be a problem provided you have no overstay. Once you file for AOS it supersedes your student visa, and also the VWP. You will need to enter as a pending LPR not sure what the process would be for you, my hubby just had his AP papers and his passport when he entered.

A tourist visa is based upon the merits and evidence provided by the persons applying. While a letter of invitation may be helpful that is about all the USC can do. The applicant for a tourist visa is always considered to have immigrant intent and it is up to the applicant to prove they will return to their home country by providing evidence of significant ties. Plus on this situation is a legitimate reason for the visit, i.e. the wedding. Negative would be the entire family is traveling to attend said event.
Proof of significant ties can include employment history/proof, home ownership, school enrollment, other family in the home country, etc.

You are saying she has overstayed so based upon this she came here on some sort of visa and just never left? You can certainly marry her and file for AOS (adjustment of status). The problems you are looking at is from the time of marriage until you actually file for AOS she is subject to detainment and deportation same as she is now since she will still be out of status, just marrying a US citizen gives her no more rights to stay than not being married.
After the filing of AOS and receipt of the NOA it would be advisable for her to carry a copy of it just in case. Her status will then become pending and if something were to happen usually the deportation hearing would be delayed pending the outcome of the AOS application.
While she could file for AP (advance parole) for free with the AOS application in her case it would be useless since if she leaves the country prior to receiving her green card she will be subject to a 10 year ban even with her application pending.
Study the guides and walk softly.

You are saying she has overstayed so based upon this she came here on some sort of visa and just never left? You can certainly marry her and file for AOS (adjustment of status). The problems you are looking at is from the time of marriage until you actually file for AOS she is subject to detainment and deportation same as she is now since she will still be out of status, just marrying a US citizen gives her no more rights to stay than not being married.
After the filing of AOS and receipt of the NOA it would be advisable for her to carry a copy of it just in case. Her status will then become pending and if something were to happen usually the deportation hearing would be delayed pending the outcome of the AOS application.
While she could file for AP (advance parole) for free with the AOS application in her case it would be useless since if she leaves the country prior to receiving her green card she will be subject to a 10 year ban even with her application pending.
Study the guides and walk softly.

How can she be here and going to school in Russia? That is quite a commute. Perhaps you mean she has a domicile in the US which is not the same as her being physically present in the US.
For you to have a relationship with her you must show that the two of you are living as man and wife not just that you have a piece of paper saying you are married.
Since you still have a valid student visa I would recommend you simply continue your studies here and when your wife has completed her schooling in Russia and returns to the US to live that you then re-apply for AOS. To re-apply with the same circumstances as previously would not result in a different answer.

My understanding is that the J-1 with the home requirement is because the home country in some way provided financial aid to the student. (Please correct me if I am wrong). So a woman comes here paid in part or in total by her country (either the government or some private agency) with the understanding that she will take that knowledge and training back to her country to provide a needed skill in her country. She decides for whatever reason to get married and have a child while she is here, knowing that she is obligated to return to her country, and now you want to complain because you have to file some paperwork to obtain a waiver?
Maybe the answer would be to not give student visas and that would prevent situations such as yours. Then people couldn't complain how the US denied them the freedom to come here on a student visa and obtain citizenship.
Or to follow your argument we should give any person who married a US citizen immediate citizenship. Boy that would really work well (sarcasm).
I understand your frustration with the situation but it was caused initially by a lack of planning on your part. No one forced the woman to come here on a student visa (wife at the time or not). No one forced her to accept a student visa with a two year home requirement. No one forced her to have a child while she was here. These were all choices she made....she exercised her freedom in making these choices.
This situation is not the fault of the US government and I am sorry you do not agree with the laws but you still have to obey them.

Read Article 14 of the US Constitution. It can't be done.

You mention grand kids so I am kind of assuming they have been married for a number of years (at least 4 from the info in the post). Sometimes marriages fall apart after time but this is not fraud. If he had been caught with another woman say during the K-1 process or there were problems early on in the relationship then you might be able to call it fraud but too much time has passed and the relationship went on for too long, I mean come on 5 kids and three grand kids how are you going to say that at some time there was not a real relationship?
I think (soapbox time) you are looking at a co-dependent and/or abusive relationship in regards to your sister and instead of seeing it as it is you simply want to lash out and attack the man (not to say he is not at fault). What I would suggest is that you gently suggest to sis that maybe she needs to talk to someone about her decisions and the affect they will have on the entire family. I mean Dad living with Mom and his new wife all in the same house is going to be a bit confusing.
Your sister is an adult, support her as best you can and be there if she needs you.