Interview in a few weeks, need advice!!

[eblacki 0]

Hello,

I have filed a K1 visa last November (09) and is petitioning for my fiance who currently lives in Brazil. Everything is going smoothly and his interview is on March 23rd. However, at his medical exam the doctor told him that he most likely won't get it (99%) because he went through the borders 8 years ago illegally. He never got deported or removed or falsely pretended to be a U.S. citizen or lawful permanent resident, and never had criminal problems in his background. He even paid taxes while in U.S. He went back to Brazil almost 2 years ago because we wanted to marry the right way and he be legal.

We have so much evidence proving that we are in love and that we are honest good-standing citizens. We also have every form filled out with bank statements. We are so scared that they are going to say no though, what can we do to help our chances? I was also going to write to my congressmen to help us. Should he fill out a waiver and present it at the interview for K1 interview? PLEASE HELP!!

~ eblacki

[Audy_Rob 26]

He would not have been eligible for AOS since he was not inspected upon entering the US.

Sounds like the doctor is going to write that on his medical chart and underline it.

How did the doctor find out that he was in the US illegally?

[Ladylethal 12]

AOS? They're not married or in US yet.

If he filed taxes while living in US illegaly, if he stamped his passport on his way in and out, even if he left voluntarily he's subject to the 10 year ban due to his obvious overstay (6 years illegally in the US?). 99.99999% chance of his visa being denied and him receiving a ban.

It won't matter to immigration that you've got proof of relationship, that you love each other, etc. If he hadn't left the US and married you there and filed for AOS, his overstay would most likely be forgiven, but once he left ...

Edited March 6, 2010 by Ladylethal

[Audy_Rob 26]

Even if he had stayed in the US, he would not have been eligible for AOS since he was not inspected. It is not an overstay if the entry was illegal.

They do not stamp passports leaving US because we do not have immigration on exits. The airlines or cruise lines or whatever collect I-94s.

So I still need to know how the doctor knew of the illegal stay in the US.

[Ladylethal 12]

I meant that even if he entered on a tourist visa, got stamped, and left voluntarily (handing in the I-94 or getting stamped arriving in Brasil) he'd be in the system as a 5 year overstay.

If he entered illegally and filed taxes and then left voluntarily they can still track him as an overstay, and with only info on him leaving wouldn't they know he entered illegally?

And maybe the doctor knows because he told him he was in the US for 6 years without documentation.

[eblacki 0]

I pretty sure while he was getting an exam he just told the medical examination person in Brazil. The embassy are going to find out anyways, right. I am feeling sick to my stomach about all this. If I can get my state congressmen to support this, will that help?

Even if he had stayed in the US, he would not have been eligible for AOS since he was not inspected. It is not an overstay if the entry was illegal.

They do not stamp passports leaving US because we do not have immigration on exits. The airlines or cruise lines or whatever collect I-94s.

So I still need to know how the doctor knew of the illegal stay in the US.

[Ladylethal 12]

Yes, most likely the embassy knows about it and it will come up at the interview so I'd study the waiver, prepare it and brace yourself as I'd guess it won't be easy to get him approved.

[mrs. wife! 3]

I pretty sure while he was getting an exam he just told the medical examination person in Brazil. The embassy are going to find out anyways, right. I am feeling sick to my stomach about all this. If I can get my state congressmen to support this, will that help?

Sorry but your congressman can do nothing to help you.

You have to find a lawyer and start the waiver filling. Be prepared to be denied at the interview. Just follow the instructions the CO will give to you and get started on the waiver process.

Good luck

[Audy_Rob 26]

Well no one is allowed on this web site to either give legal advice nor recommend misleading the USCIS or DOS. And I am certainly not advocating either. But so far, all I have read is that he might have informed the medical examiner about the illegal stay. The medical examiner could include it in his report while not necessarily germiane. The other issue might be a falg showing up because he paid US taxes.

Other than those two items, the Consulate might not be aware of the predicament.

[samer 1]

Hi,

All I know is when you leave USA by yourself you are not allowed to enter the states for only 5 years so I think you should be ok but i think that when he interview the CO might put him on AP for background check and the AP could stay for short time or long time

[Ladylethal 12]

Well no one is allowed on this web site to either give legal advice nor recommend misleading the USCIS or DOS. And I am certainly not advocating either. But so far, all I have read is that he might have informed the medical examiner about the illegal stay. The medical examiner could include it in his report while not necessarily germiane. The other issue might be a falg showing up because he paid US taxes.

Other than those two items, the Consulate might not be aware of the predicament.

Unless he jumped the fence through Mexico on the way in and out, immigration will have records of his arrival and departure.