We are honestly in love and will do anything to ensure that we can be together in the US. I am willing to go to Brazil and get married but how long will that paper work be? Being a born and raised US citizen the thought of being in Brazil for a long period of time does not appeal to me, however if that is the only 100% gaurenteed way to ensure we can start our lives here in the US, children, a home, vacations, then I will do whatever it takes. I just don't know what that is.
Does anyone know if I do go to Brazil and get married there how long it will take to process the paper work to bring him back with me? Or is there a good chance to get married in the US and do the paper work here?
If he was never caught here then he should go back to Brazil. Once there petition for him using a K-1 (fiancee visa). If you go there and get married then you would need to file a K-3 for a spouse. It would be best to find out which is quicker. From what I have seen the fiancee rout is usually the fastest way to be reunited. FYI, if he gets caught there is practically no hope if he is EWI (entered without inspection) of him staying or being able to come back.
You voted democrat. This country is not worth sneaking into any more.
Posts: 6116 | Location: San Antonio TX | Registered: 06-08-2007
It seems to me you have a few options, and maybe a senior member can correct me if I am wrong.
1. your b/f can go back to Brazil, and you file for a K1 visa. which is usually quicker than the K3, or get married, but he will still have to go back to Brazil and file for K3. but not sure if you may have to get a waiver.
2. You get married, send off I-130 application, however he will have to eventually go back to Brazil for consulate interview, and will probably have to file the 601 waiver.
use the google research on 601's, and check out Immigrate2US.net
It may take a while before a new "reform act" is inciated... and even longer before it is approved.
You got good advices.
You can petition your boyfriend as a fiance, or you can get married in the USA, and petition him as a husband.
You can do either while he is in the USA, and he can stay (but will continue to be illegal) until the petition is approved, and then should return to Brazil before the visa interview. His visa (K-1 fiance, K-3 or CR-1/IR-1 spousal) will be denied at the interview because of his illegal presence in the USA. He may be eligible to file a waiver. He wan't be able to return before the waiver is approved.
The option of going to Brazil to get married, is, as I see it, not a good one. After the marriage you would have to return to the USA to file a petition for him, and he would have to stay in Brazil for the whole time (including while it is being processed in the USA, which may take 6 - 12 months). There is an option of petitioning directly at the consulate but that's only if USC (or PR) is a permanent resident in that country and has been living there min 6 months.
If you search on ILW you'll find posts from NeedHelpFast with the examples of waivers...
honesty is the best (only) policy. USCIS has numerous ways to check things...if caught, you may lose all the chances to have him here..
.. you even say there is a record of him driving without the license!
Through the process you'll be asked many times about your relationship, and for proves... make up one thing, and the next day you'll find yourself making up 5 new stories to cover the first one .. ect. A day after 25, to cover the 5 from the day before...
Thank you all for your advice. I have just heard so many horror stories of people trying to go about this the honest way and their loved one having to go back home and not being let back in for a minimum of 10 years. I am a travel agent so I was thinking of going down on "vacation" and meeting him. I just want to spend as little time apart as we have to. I know so many people that have been without their loved ones for years and I do not want to be one of them. Life is just to **** short for this. I want to believe that because we are honest good people and have nothing but the best intensions in mind that it all has to work out. It scares me that that does not mean anything in this situation. If we got married here the lawyer told us we would go before a judge and my husband would be asked to leave....are there ever circumstances for him to just stay? What if I were 9 months pregnant would they still deport him? I was told there is a 5% chance of him being able to stay if we get married here and a 99% if we get married in Brazil.
Originally posted by Kerri: I was told there is a 5% chance of him being able to stay if we get married here and a 99% if we get married in Brazil.
I have no idea where that % came from... Regardless where you get married, he would have to go for the interview for an immigrant visa in Brazil, be denied, and then have waiver approved before getting visa to come back; so the process would be the same as well as chances.
The problem is not where you two met, but his illegal presence in the USA (and that's on the record! - and you can't erease that!).
Kerri: With all due respect, you have been given TERRIBLE advice here. Everyone seems to believe that USCIS is stupid...but they're not.
You assert that you're both "honest good people and have nothing but the best intentions in mind," yet you're contemplating going on vacation to Brazil and "meeting" your fiance there!!! Say, what???
Your fiance's position is NOT good...and he has proven to be less-than-honest. He thought that he was way too important to immigrate to America the legal way...er, I mean that "America's immigration system is broken," so he just walked across the border (can you believe that I was politically incorrect, and almost forgot that our "borders are broken" LOL). Then, he decides that he has to drive, despite the fact that it's illegal for him to do so, and I assume that he works even though it's illegal for him to do so.
In any event, the ONLY way for him to legalize his status to to return to Brazil. He will be denied an immigrant visa, as he will be subject to a ten-year bar against reentry. You will then file a waiver...and perhaps that will be successful. The process will take many, many months (or years).
The American people are fed up with illegal aliens...so don't hold your breath waiting for amnesty.
Originally posted by SunDevilUSA: Kerri: With all due respect, you have been given TERRIBLE advice here. Everyone seems to believe that USCIS is stupid...but they're not..
SunDevil, with all due respect, which advice you find terrible?
and how is, what was adviced, different from:
quote:
In any event, the ONLY way for him to legalize his status to to return to Brazil. He will be denied an immigrant visa, as he will be subject to a ten-year bar against reentry. You will then file a waiver...and perhaps that will be successful. The process will take many, many months (or years).
Originally posted by Kerri: I feel like I found the eternal fountain of youth when I clicked on this website. Please oh please I am preying someone can help me.
We are honestly in love and will do anything to ensure that we can be together in the US. I am willing to go to Brazil and get married but how long will that paper work be? Being a born and raised US citizen the thought of being in Brazil for a long period of time does not appeal to me, however if that is the only 100% gaurenteed way to ensure we can start our lives here in the US, children, a home, vacations, then I will do whatever it takes. I just don't know what that is.
Does anyone know if I do go to Brazil and get married there how long it will take to process the paper work to bring him back with me? Or is there a good chance to get married in the US and do the paper work here?
Please someone must know something...HELP?
Frustrated in MA...
You fiancee will face a mandatory ban or either 3 years or 10 years, depending on how long your fiancee was in the US. To remove the ban, he would need to file a waiver at the US Embassy in Brasilia, or in the consulate at Rio de Janeiro. That process will take a year. If it is approved, and I mean if, then you can apply either the CR1 or IR1 immigrant spousal visa. That can take another year or less. Or you can go the K1 route. Nevertheless, if your fiancee leaves the country, the automatic ban will commence. The three year ban is anyone out of status more than 180 days and less than a year. If your fiancee is out of status for more than a year, it is an automatic 10 year ban.
As long as your fiancee does not work, then his chances of deportation become small. If he works without authorization, then his chances of deportation become greater. And I don't think any reform will be passed until after the 2008 Presidential election.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by Hudson: To remove the ban, he would need to file a waiver at the US Embassy in Brasilia, or in the consulate at Rio de Janeiro. That process will take a year. If it is approved, and I mean if, then you can apply either the CR1 or IR1 immigrant spousal visa. That can take another year or less.
process goes in this order: 1. petition is filed by USC spouse/fiance 2. petition is approved 3. visa interview in Brazil, visa denied 4. file for a waiver 5. waiver approved (hopefuly), and visa given immediately after
Originally posted by Kerri: Thank you all for your advice. I have just heard so many horror stories of people trying to go about this the honest way and their loved one having to go back home and not being let back in for a minimum of 10 years. I am a travel agent so I was thinking of going down on "vacation" and meeting him. I just want to spend as little time apart as we have to. I know so many people that have been without their loved ones for years and I do not want to be one of them. Life is just to **** short for this. I want to believe that because we are honest good people and have nothing but the best intensions in mind that it all has to work out. It scares me that that does not mean anything in this situation. If we got married here the lawyer told us we would go before a judge and my husband would be asked to leave....are there ever circumstances for him to just stay? What if I were 9 months pregnant would they still deport him? I was told there is a 5% chance of him being able to stay if we get married here and a 99% if we get married in Brazil.
you cannot lie to uscis. period. if caught lying, there is a life time ban. when he flies out, there will be his departure record for immigration. police will have his citation record. be truthful.
Hello, Kerri.. I sympathize with you , as I am going through the exact same thing..., a couple of lawyers told me that the best thing to do is to go to Brazil, (one of the options) and I am glad you asked that question. Please let me know by email what is going on...I can tell you more that the lawyers had told me... and I can learn from your process too..as I am and have been totally in love with a Brazilian...write me at cmascaro1@cfl.rr.com I do not want to discuss further my problem here...had a couple of people that insulted me and my boyfriend... when i posed my dilemma....thanks and if i dont hear from you... I wish you the best of luck...
Originally posted by Hudson: To remove the ban, he would need to file a waiver at the US Embassy in Brasilia, or in the consulate at Rio de Janeiro. That process will take a year. If it is approved, and I mean if, then you can apply either the CR1 or IR1 immigrant spousal visa. That can take another year or less.
process goes in this order: 1. petition is filed by USC spouse/fiance 2. petition is approved 3. visa interview in Brazil, visa denied 4. file for a waiver 5. waiver approved (hopefuly), and visa given immediately after
From my understanding, in counselor processing, you can petition the waiver for inadmissibility if you know for certainty that you will be denied. But it has to be done using the CR1 route, not K1. But I think it depends on the specific cousnelor or embassy directive.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
really Hudson.,..you should study up a bit more....an American fiance, regardless of their IQ (an oversight, no doubt) can file a waiver if their dirtbag foreign fiance is ineligible or inadmissable...that is allowed...of course, I believe that all such waivers should be denied because it cannot be more obvious that the dirtbag illegal is merely trying to game the system...so, let's modify the system to prevent this nonsense.
Once you get him the green card he may or may not stay married. It's common for someone to dupe some US citizen into sponsoring them, then once they get status they get dumped and the real wife comes to the US. I've even met two CR6's who had their 3 year old kid with them. Please be careful.
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