belinda63

He will have to leave the US, he cannot adjust his status inside the US by marriage to you; this is a provision of the K-1 visa to prevent exactly what he did. He will have a 10 year ban when he leaves the US. He will receive extra scrutiny due to his failure to comply with the provisions of the K-1 visa as it looks like he is just looking for a green card. You are going to need a lot of proof of having a real relationship and I would suggest getting married and applying for the spousal visa.
You will file the petition and when it is approved he will be schedule for an interview. At that time his visa will be denied and he will be told why; you will need to file a hardship waiver to overcome the ban showing why 1. you need him in the US with you and 2. why the two of you can't live in another country together. That is if he is only denied for the overstay. It is quite possible they will deny him for lack of a real relationship or other reasons.
Good luck to you and a word of warning. I have seen attorneys make say they could do things they can't just to get your money. If your attorney says he can stay in the US and adjust status get details of how this will be done.

He will have to leave the US, he cannot adjust his status inside the US by marriage to you; this is a provision of the K-1 visa to prevent exactly what he did. He will have a 10 year ban when he leaves the US. He will receive extra scrutiny due to his failure to comply with the provisions of the K-1 visa as it looks like he is just looking for a green card. You are going to need a lot of proof of having a real relationship and I would suggest getting married and applying for the spousal visa.
You will file the petition and when it is approved he will be schedule for an interview. At that time his visa will be denied and he will be told why; you will need to file a hardship waiver to overcome the ban showing why 1. you need him in the US with you and 2. why the two of you can't live in another country together. That is if he is only denied for the overstay. It is quite possible they will deny him for lack of a real relationship or other reasons.
Good luck to you and a word of warning. I have seen attorneys make say they could do things they can't just to get your money. If your attorney says he can stay in the US and adjust status get details of how this will be done.

1. He will need either a job meeting 125% of the poverty levels to sponsor you or another person to co-sponsor you before you even think about filing for AOS.
2. The total costs for the filing will run around $2,000 (1-130, 1-485, medical exam, misc). Do you have this much right now to spend on AOS?
3. You are out of status and have been since about August 2013. If caught you might be detained and deported. If you leave or are deported you will have a three year ban from the US (overstay of 180days-364 days) or five year ban (overstay of 365 days or more). You will never be able to use the VWP to enter the US again due to your overstay. Also if you leave he will have to file for a K-1 visa (fiancé) or CR-1 visa (spouse) as well as a I-601 waiver for your overstay. If you are deported add an I-212 waiver to all that.
4. Getting married gives you no status in the US. Until you file for AOS you are here illegally. You will not be able to leave the US until you receive your green card without incurring the ban mentioned in #3.
5. Will taking a domestic flight trigger an immigration issue? Don't know but are you willing to risk it?
6. You do realize Hawaii is a very expensive state to live in right?
7. If you move after filing for AOS you file a change of address with USCIS (form AR-11 I think) to let them know where you are. In fact you and your spouse have to keep them updated until you become a citizen.

He will have to leave the US, he cannot adjust his status inside the US by marriage to you; this is a provision of the K-1 visa to prevent exactly what he did. He will have a 10 year ban when he leaves the US. He will receive extra scrutiny due to his failure to comply with the provisions of the K-1 visa as it looks like he is just looking for a green card. You are going to need a lot of proof of having a real relationship and I would suggest getting married and applying for the spousal visa.
You will file the petition and when it is approved he will be schedule for an interview. At that time his visa will be denied and he will be told why; you will need to file a hardship waiver to overcome the ban showing why 1. you need him in the US with you and 2. why the two of you can't live in another country together. That is if he is only denied for the overstay. It is quite possible they will deny him for lack of a real relationship or other reasons.
Good luck to you and a word of warning. I have seen attorneys make say they could do things they can't just to get your money. If your attorney says he can stay in the US and adjust status get details of how this will be done.

Her social security card should say something like "only valid with DHS authorization". If she does not have a work permit she has no authorization to work. Check out the acceptable I-9 documents here http://www.uscis.gov/sites/default/files/files/form/i-9.pdf. You received some very bad advice and she has been working illegally, not sure how the company's HR department filled out the I-9.
You can file the I-751 now and send a copy of the I-485 NOA-1 with it and it will not cost anything. No way she will have her EAD by the 5th.
Just FYI, you don't become an LPR just by marrying a USC. If that were true none of us would have to go through the immigrant visa process nor would you have to file for AOS.

If I remember your case correctly you have no grounds for an abuse waiver since you threw him and his mother out of the house and got a restraining order. And had him arrested on false charges. And he never laid a hand on you.
For the divorce waiver you must have proof of a relationship that existed after you entered the US. You have none since you threw him out of the house.
Add to that the fact that he notified USCIS prior to your entry to the US that he did not want you here and he was filing for divorce.
So could you give more details on what, exactly, you plan to use as evidence?

Please do us a favor and update us whenever your friend attempts to come back to the US. I have a gut feeling she won't be allowed back in unless she filed for advanced parole.

"The same day my former spouse filed a request with USCIS to withdraw her petition. The immigration closed my cased and sent me a NTA in which they stated that I overstayed my visa and that I was not a US citizen; therefore, I was a subject to removal."
It went to immigration court, you didn't. At least from what you have written that is what I am reading. They can deport you in absentia. It is possible you have been or are currently in deportation proceedings.
They don't have to tell you anything other than approved or denied. They can investigate your prior marriage, your employment, your friends, facebook, anything they want. I would just sit tight and not make waves.

"The same day my former spouse filed a request with USCIS to withdraw her petition. The immigration closed my cased and sent me a NTA in which they stated that I overstayed my visa and that I was not a US citizen; therefore, I was a subject to removal."
It went to immigration court, you didn't. At least from what you have written that is what I am reading. They can deport you in absentia. It is possible you have been or are currently in deportation proceedings.
They don't have to tell you anything other than approved or denied. They can investigate your prior marriage, your employment, your friends, facebook, anything they want. I would just sit tight and not make waves.

You have choices:
You can delay entering the US until after your sister's wedding You can miss your sister's wedding You can enter the US with the K-1 visa, get married, go to sister's wedding, and start over with the CR-1 visa That being said, the K-1 visa is a one-time use visa. Once you enter the US the K-1 is no longer valid. If you leave the US after using it you cannot use it again to re-enter the US. When you enter the US you marry, file for AOS and AP, once you get your AP (advance parole) you are permitted to leave the US for periods of time and the AP is your authorization to re-enter the US while you wait for the green card. If you leave without AP you will need a new visa to return.

It's the working in the US that has me concerned. What proof did you provide for the I-9? You should really quit the job when you file. Working illegally is forgiven but I wouldn't take chances working after you file since you will know it is illegal.

She can't file VAWA because She didn't get married. She does not qualify to file U visa,because in order to have a U visa approved she must submit a CERTIFICATION signed by the police or prosecutor stating she was a victim or witness of a substantial crime and helped Law enforcement with the case .

The US government has a "file" on everyone in the US, everyone who has visited the US, everyone who thought about the US, and a lot of other people. Remember the issue when WikiLeaks released files and we found out the State Department had been instructed to obtain all information including passwords, credit card numbers, etc. on UN members.
There is no way the US government is going to send you all the information they have about you. First it would involve hours of searching due to different agencies having information. Second there is no way you will ever know if they have disclosed everything. By requesting a copy of the information they will not destroy it they will make a copy of it and mail it to you thus creating more opportunities for your information to be stolen. But the US government will always retain a copy of your information.
The confusion comes about when you say you are requesting information about yourself so you can destroy it. There is no sense in that statement. If I have my social security card and make 10 copies of it then destroy the 10 copies there is still the original in existence. I can make 10 more copies and destroy them but the original still exists yet again. Requesting the information will not destroy the original files.

The US government has a "file" on everyone in the US, everyone who has visited the US, everyone who thought about the US, and a lot of other people. Remember the issue when WikiLeaks released files and we found out the State Department had been instructed to obtain all information including passwords, credit card numbers, etc. on UN members.
There is no way the US government is going to send you all the information they have about you. First it would involve hours of searching due to different agencies having information. Second there is no way you will ever know if they have disclosed everything. By requesting a copy of the information they will not destroy it they will make a copy of it and mail it to you thus creating more opportunities for your information to be stolen. But the US government will always retain a copy of your information.
The confusion comes about when you say you are requesting information about yourself so you can destroy it. There is no sense in that statement. If I have my social security card and make 10 copies of it then destroy the 10 copies there is still the original in existence. I can make 10 more copies and destroy them but the original still exists yet again. Requesting the information will not destroy the original files.

So why do you need to request more documents with your private information? Do you need paper for your hamster? If you are trying to ask if the government will shred/destroy them the answer is no.

So why do you need to request more documents with your private information? Do you need paper for your hamster? If you are trying to ask if the government will shred/destroy them the answer is no.

So why do you need to request more documents with your private information? Do you need paper for your hamster? If you are trying to ask if the government will shred/destroy them the answer is no.

At this point don't even think about filing for AOS. You can always do that later IF it turns out there was a misunderstanding. Try to come at the situation sideways and find out if what she said is really what she means. If she only married you for the green card the act should show through sooner or later. The risk is the longer the two of you stay together the more opportunity she has to claim VAWA (that you mentally, emotionally, or physically abused her) which will permit her to obtain a green card without your help. Be very cautious if she is speaking to other Philippinos as they have been know to coach a person as to how to obtain a green card from VAWA.
If you are certain there was not a misunderstanding then file for divorce and move yourself somewhere else temporarily if you can't get her to leave. She can only adjust status either with your help or through VAWA.

At this point don't even think about filing for AOS. You can always do that later IF it turns out there was a misunderstanding. Try to come at the situation sideways and find out if what she said is really what she means. If she only married you for the green card the act should show through sooner or later. The risk is the longer the two of you stay together the more opportunity she has to claim VAWA (that you mentally, emotionally, or physically abused her) which will permit her to obtain a green card without your help. Be very cautious if she is speaking to other Philippinos as they have been know to coach a person as to how to obtain a green card from VAWA.
If you are certain there was not a misunderstanding then file for divorce and move yourself somewhere else temporarily if you can't get her to leave. She can only adjust status either with your help or through VAWA.

At this point don't even think about filing for AOS. You can always do that later IF it turns out there was a misunderstanding. Try to come at the situation sideways and find out if what she said is really what she means. If she only married you for the green card the act should show through sooner or later. The risk is the longer the two of you stay together the more opportunity she has to claim VAWA (that you mentally, emotionally, or physically abused her) which will permit her to obtain a green card without your help. Be very cautious if she is speaking to other Philippinos as they have been know to coach a person as to how to obtain a green card from VAWA.
If you are certain there was not a misunderstanding then file for divorce and move yourself somewhere else temporarily if you can't get her to leave. She can only adjust status either with your help or through VAWA.

At this point don't even think about filing for AOS. You can always do that later IF it turns out there was a misunderstanding. Try to come at the situation sideways and find out if what she said is really what she means. If she only married you for the green card the act should show through sooner or later. The risk is the longer the two of you stay together the more opportunity she has to claim VAWA (that you mentally, emotionally, or physically abused her) which will permit her to obtain a green card without your help. Be very cautious if she is speaking to other Philippinos as they have been know to coach a person as to how to obtain a green card from VAWA.
If you are certain there was not a misunderstanding then file for divorce and move yourself somewhere else temporarily if you can't get her to leave. She can only adjust status either with your help or through VAWA.

"Annoying" doesn't qualify for an expedite. Normal or somewhat abnormal weather does not qualify. Not liking the weather does not qualify. A hurricane that destroys your home might qualify. An earthquake that destroys your home might qualify. Living in a pandemic area might qualify.

"Annoying" doesn't qualify for an expedite. Normal or somewhat abnormal weather does not qualify. Not liking the weather does not qualify. A hurricane that destroys your home might qualify. An earthquake that destroys your home might qualify. Living in a pandemic area might qualify.

You have several options.
You can proceed with the AOS and hope they issue the green card with no interview. You will be on the hook for the I-864 until she accumulates 10 years of creditable work history, dies, becomes a citizen, or gives up her LPR status. Notice the 10 years is not set in stone. It will take her at least 10 years to reach the creditable work history requirement at a minimum, if she doesn't work much you could be on the hook for life.
You can proceed with the AOS and have an interview. If you don't attend it will be denied. If you attend you will have to lie for her to get her green card. If it is discovered you lied you could be criminally prosecuted.
You can withdraw the I-864 prior, and only prior, to the green card being produced. Then you have no obligation financially to her or the US government. Once the green card is produced you are on the hook. With the withdrawl of the I-864 her AOS will be denied and her EAD will become invalid. What she does after that is up to her.

She can petition for her daughter, read the guides at the top. The time for the approval is irrelevant as the F2B category is a limited visa category which means there are only X number of visas for that category issued each year. Currently for the F2B category they are processing petitions filed Feb 08 unless you are from Mexico (Oct 94) or the Philippines (Jan 04). When she files the I-130 there will be a priority date on the receipt. A few months prior to this priority date becoming current processing on the petition will continue. It will be sent to NVC for the affidavit of support paperwork to be sent in, then it will be sent to the embassy where the child will interview.
The child must remain unmarried the entire time the paperwork/petition is processing. If the child marries at any time the petition dies. If the mother choses to become a USC, after she has her certificate of naturalization, the child can marry. The petition can also be upgraded at that time which speeds up the process, usually.
Check the family immigration section at the Department of State, http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html , for a better understanding of priority dates and requirements for unmarried children of LPRs over 21.