You may very well qualify for deferred action, you also may qualify to apply for permanent residence. It is important that you meet with an experienced immigration attorney to discuss the benefits and risks of each option.
Yes. The waiver is part of the overall visa process. It is filed after the I-130 is approved, the file is then transferred to the NVC, you pay the visa fee to the NVC, then you notify NVC you are doing the provisional waiver, then you file the waiver. NVC will hold the visa process while you apply for the waiver. It is a bit complicated. You might benefit from the assistance of an attorney.
There are a couple things here for you to know. When the form asks about children, you are required to list all children regardless of whether they intend to immigrate at that time. Failing to do so can cause problems later on. If you are filing an immigrant visa for this person as your spouse, you need to file separate petition for your step child. Note: however you end up doing it, you will need to show your partner has legal custody of the child and/or is legally allowed to take the kid out...
It is unlikely he would be able to adjust status unless in the meantime Congress passes immigration reform that would give him some alternative. Barring that, he would need to consular process, and may need a waiver of the unlawful presence bar. The waiver is based on hardship to a US citizen or permanent resident parent or spouse. If your brother doesn't have a US citizen or permanent resident parent or spouse at that time, he wouldn't qualify for the waiver.
What type of school are you going to? I haven't heard of schools doing background checks on students before. I agree they are likely to check the fingerprints, so if you were never fingerprinted for immigration and you have no arrest, nothing should show up. I would wonder the purpose of the background check, since I believe it is an unusual request by a school of a student (not an employee). Undocumented persons are allowed to attend grade school and in WA under certain circumstances can...
The fact that you consider yourselves to be married isn't sufficient. You will need to show a marriage certificate issued by the appropriate civil authorities. So, if you aren't married, then you can do the K-1 if you wish. There are other issues to consider. For example, for an immigrant visa you need to do the affidavit of support which requires you to be residing in the U.S. or in the process of moving here. In that light, perhaps the K-1 makes sense. By the time you do the adjustment,...
You should obtain the assistance of an experienced immigration attorney. All the facts and history need to be examined to determine the best way. A straight petition for her will take a long time, and there are issues about her son. You want to sit down and go over everything to see what the best way would be.
Yes, you are confused. The father-in-law is the joint sponsor who needs to meet the poverty guideline individually. Because he is married, however, his wife needs to sign off that she is aware that he is potentially encumbering their income in this way. The amount of her income isn't the issue. What she is signing is a contract between herself and her husband that she agrees to his doing this.
Yes! Assuming the marriage is genuine and not primarily to obtain an immigration benefit, and assuming you are admissible (immigration history, criminal arrests, etc. need to be evaluated), and not subject to the 2 year home residence requirement, or can get it waived. You should also be careful about the timing. I recommend you consult with an experienced immigration attorney
Yes, the judge is giving you the opportunity to wait for a decision by USCIS. The judge does not have jurisdiction over the I-130, so you need the decision by USCIS. Waiting is much better than being ordered removed, since without the I-130 it sounds like you don't have other relief. You really/really should be working with a lawyer. It's complicated, and simply showing some letters usually isn't enough.