belinda63

The issue is she could have returned to her country as her authorized stay in Germany ended. While in her country the immigration process could have been completed. Coming to the US without the a visa is not the proper way to do things. Even as two US citizens, when I gave birth in Germany we had to extend our tour to allow time to received the child's passport. 

When it comes time for the AOS interview he will be asked why he lied about his marital status on the B1 application. This would be considered a material misrepresentation since he lied to obtain the tourist visa. That could result in a life-time ban. Note this it not the same as entering with the intent of AOS but it is an intentional misrep. Lying on any paperwork or during an interview is subject to criminal action. Also this could follow him all his life. If he manages to get his 2 year green card he could be denied when he removes conditions for the misrepresentation. If he makes it that far he could be denied citizenship. They could come after him after he is a citizen since he obtained that status by misrepresentation.
AND this is not a good way for him to start his life in the US. 

When it comes time for the AOS interview he will be asked why he lied about his marital status on the B1 application. This would be considered a material misrepresentation since he lied to obtain the tourist visa. That could result in a life-time ban. Note this it not the same as entering with the intent of AOS but it is an intentional misrep. Lying on any paperwork or during an interview is subject to criminal action. Also this could follow him all his life. If he manages to get his 2 year green card he could be denied when he removes conditions for the misrepresentation. If he makes it that far he could be denied citizenship. They could come after him after he is a citizen since he obtained that status by misrepresentation.
AND this is not a good way for him to start his life in the US. 

Looks like she will be going home. I didn't think of it until I was reading tonight but yes, there is no appeal to the AOS if it is denied from VWP. People really should do things the proper way.

I still think she should just return home and do consular processing. Much, much cheaper that way.

I still think she should just return home and do consular processing. Much, much cheaper that way.

I still think she should just return home and do consular processing. Much, much cheaper that way.

Sounds like they got her for lying to CBP on entry. She stated she was coming for a visit but during the AOS interview she stated she knew she was coming to stay and adjust. Lawyer time.
Might be easier and cheaper for her to return to Sweden and try for consular processing. Having the baby there would certainly be cheaper and since she has a return flight (required when travelling by VWP) her return won't cost anything. 

Sounds like they got her for lying to CBP on entry. She stated she was coming for a visit but during the AOS interview she stated she knew she was coming to stay and adjust. Lawyer time.
Might be easier and cheaper for her to return to Sweden and try for consular processing. Having the baby there would certainly be cheaper and since she has a return flight (required when travelling by VWP) her return won't cost anything. 

Sounds like they got her for lying to CBP on entry. She stated she was coming for a visit but during the AOS interview she stated she knew she was coming to stay and adjust. Lawyer time.
Might be easier and cheaper for her to return to Sweden and try for consular processing. Having the baby there would certainly be cheaper and since she has a return flight (required when travelling by VWP) her return won't cost anything. 

Sounds like they got her for lying to CBP on entry. She stated she was coming for a visit but during the AOS interview she stated she knew she was coming to stay and adjust. Lawyer time.
Might be easier and cheaper for her to return to Sweden and try for consular processing. Having the baby there would certainly be cheaper and since she has a return flight (required when travelling by VWP) her return won't cost anything. 

Is he aware you won't be able to work for months after arriving? How are the two of you going to survive?

https://dockets.justia.com/docket/missouri/moedce/4:2019cv00458/169393
This is the link to the overview of the case. Looks like someone else here already read it and says it is not informational. 

Is he aware you won't be able to work for months after arriving? How are the two of you going to survive?

Good thing the US is the land of the free and respects privacy. 

Good thing the US is the land of the free and respects privacy. 

Good thing the US is the land of the free and respects privacy. 

Good thing the US is the land of the free and respects privacy. 

I thought in your other post you said he lost his work authorization? He cannot work until he receives his employment authorization which is free to apply for with the I-485.

As a CR-1 you don't do the I-134, you do the I-864 through NVC. Once that is completed the case is sent to the consulate. I am guessing the I-601A has already been approved.

Sounds like there is something about her that is delaying the process. You say she applied for an EB-5 visa seven years ago and it still has not been approved. What is the hold up with that?
Anyway, yes you can sue them to obtain a decision but the outcome may not be an approval. Since they cannot approve someone until they are certain they are eligible for immigration benefits if you sue them and there are issues, such as an incompleted background check, missing documents, etc. then the result will be a denial.
 

Best guess I can make, you came on a tourist visa and got married. You applied for a green card through your spouse but immigration was suspicious so they scheduled a Stoke's interview. You had little to no proof of commingled finances and missed questions about your relationship. Most likely your application for a green card will be denied and you will be told to leave the US.
This is just a guess based on what you wrote. You will have to wait until you receive the decision. Maybe they will approve you.

Trading, such as buying and selling stocks for yourself using your own money is not employment. Doing it for other people and making money from it is employment.

Trading, such as buying and selling stocks for yourself using your own money is not employment. Doing it for other people and making money from it is employment.

Best guess I can make, you came on a tourist visa and got married. You applied for a green card through your spouse but immigration was suspicious so they scheduled a Stoke's interview. You had little to no proof of commingled finances and missed questions about your relationship. Most likely your application for a green card will be denied and you will be told to leave the US.
This is just a guess based on what you wrote. You will have to wait until you receive the decision. Maybe they will approve you.