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Azulolhospatricia

Can you File a waiver at the same time of the interview?

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Filed: K-1 Visa Country: Brazil
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Iam from Florida and my Fiance was deported. We will be filing a waiver in Rio de Janeiro, but Iwas weondering if anyone has ever donethis before?

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Filed: K-1 Visa Country: Philippines
Timeline

You didn't say why your fiancee was deported. You will get a lot of insights when you elaborate more.

January 16, 2008 - sent I-129F (Vermont)

January 21, 2008 - NOA1

March 16, 2008 - NOA2

August 7&9,2008 - Medical K1&K2

August 21, 2008 - Paid document verification fee (P1,300)

August 27, 2008 - Interview

September 08,2008 - Document Verification request sent to NSO

Spetember 19,2008 - Document Verification done -sent back to US Embassy Manila

November 03, 2008 - Case under review

November 26, 2008 - VISA printed

November 28, 2008 - VISA in transit

December 02, 2008- VISA IN HAND

January 12, 2009 - Arrived USA, POE Los Angeles

January 21, 2009 - Got married

January 22, 2009 - Applied for SSN

___________________________________________________________

AOS

February 10, 2009 - Went to Dr. Janet Pettyjohn for form I-693

February 11, 2009 - Sent our AOS packet to Chicago

February 12, 2009 - Packet received signed for by L BOX

February 22, 2009 - Received NOA1 for AOS, EAD & AP

March 17, 2009 - Biometrics Appointment

March 21, 2009 - SSN card arrived in the mail

April 6, 2009 - took driver's license exam and passed! (written and road test)

April 10, 2009 - Repeat Biometrics Appointment

April 14,2009 - Received AP documents in the mail

April 16, 2009 - Received EAD in the mail

SEptember 4, 2009 - GREENCARD received

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Rio doesn't accept the waiver at the visa interview. You must make another appointment in order to submit the waiver. When the visa is denied, they will give you a paper with the reason for denial and information to prepare your waiver. Rio doesn't make the ruling on the waiver, it is sent to USCIS in Lima, Peru for adjudication.

If you are doing this on your own, you need to do a LOT of research. Lima isn't an easy office for approval, but if you document your hardships well, it is doable. Misrepresentation can be diffcult to overcome in Lima too. It is not simply a case of filling out a few forms and writing a letter.

Since your fiance was deported, I strongly advise you to consult with a good lawyer who is experienced in this. Laurel Scott at visacentral.net and Heather Poole at humanrightsatttorney.com/ are two of the best.

The best site for waivers is immigrate2us.net. Please provide more information so we can try to provide you with the most accurate advice possible.

R.I.P Spooky 2004-2015

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Filed: Citizen (apr) Country: Brazil
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Iam from Florida and my Fiance was deported. We will be filing a waiver in Rio de Janeiro, but Iwas weondering if anyone has ever donethis before?

You should check out the forum about waivers - you'll get better help there. You should contact an immigration lawyer too.

Brazil is not a bad place to live either....I hope that we move back in a few years.

Good luck.

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

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Filed: K-3 Visa Country: Brazil
Timeline
Iam from Florida and my Fiance was deported. We will be filing a waiver in Rio de Janeiro, but Iwas weondering if anyone has ever donethis before?

You should check out the forum about waivers - you'll get better help there. You should contact an immigration lawyer too.

Brazil is not a bad place to live either....I hope that we move back in a few years.

Good luck.

Unfortunately, at your interview, they will schedule a separate appointment a couple of week slater to turn in your waiver. We have our appointment in Rio on 10/10. Are you already scheduled?

Keep in touch, if you like..I also live in Florida!

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Filed: K-1 Visa Country: Brazil
Timeline

My fince came her in 2005. When he crossed the border through Mexico to Texas immigration officials took his passport, fingerprinted him, asked him for the address he would be staying in the US. Then let him enter the US. He never received anything from them. He never planned on staying here for long, but we met in April of 2006. I did not realize he was not legally here until after a few months of dating. Well in July 2006 we got pregnant. So we were trying to figure out how we could try and correct the problem of him being here illegally. We wanted to get married but he was afraid that people would think that we were getting married just so he could get some sort of status or just because we were going to have a baby. We went to this place in West Palm Beach where we thought that it was going to be legit, but we were both naive of the situation. It took all about 2 months before we had an interview in Miami and that was when they detained him stating that he had a previous order for deportation. I went to Brasil to try and get married and the Federal government was on some sort of strike at the time so we could not get married. I came back and retained a lawyer and started the I-129 process. We have the interview set for November 4, 2008. We will also be filing I-601 and I-212 waivers. We just wanted to try and file them all at the same time. We originally requested Brasilia for the interview but for some reason they sent it to Rio de Janeiro. My fiance is very upset because for financial reasons. He feels that we will be going to the interview for no reason, only to be denied. I told him that is the way things have to be done. But being aprt from me and the baby is hurting him so bad.

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My fince came her in 2005. When he crossed the border through Mexico to Texas immigration officials took his passport, fingerprinted him, asked him for the address he would be staying in the US. Then let him enter the US. He never received anything from them. He never planned on staying here for long, but we met in April of 2006. I did not realize he was not legally here until after a few months of dating. Well in July 2006 we got pregnant. So we were trying to figure out how we could try and correct the problem of him being here illegally. We wanted to get married but he was afraid that people would think that we were getting married just so he could get some sort of status or just because we were going to have a baby. We went to this place in West Palm Beach where we thought that it was going to be legit, but we were both naive of the situation. It took all about 2 months before we had an interview in Miami and that was when they detained him stating that he had a previous order for deportation. I went to Brasil to try and get married and the Federal government was on some sort of strike at the time so we could not get married. I came back and retained a lawyer and started the I-129 process. We have the interview set for November 4, 2008. We will also be filing I-601 and I-212 waivers. We just wanted to try and file them all at the same time. We originally requested Brasilia for the interview but for some reason they sent it to Rio de Janeiro. My fiance is very upset because for financial reasons. He feels that we will be going to the interview for no reason, only to be denied. I told him that is the way things have to be done. But being aprt from me and the baby is hurting him so bad.

Did he fail to attend a deportation hearing? You might want to check out this thread. http://immigrate2us.net/forum/showthread.php?t=26166

This case sounds very similar to yours. Please read it closely and you may want to consult with one of the reccommended lawyers.

You can't request which consulate to use, all immigrant visas are thru Rio.

R.I.P Spooky 2004-2015

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Filed: K-1 Visa Country: Brazil
Timeline

He said tht they told him they would mail him something. He said that he never received anything. When we went to our interview in Miami, they detained him and said he had an order for deportation. When he was finally released and sent back to Brazil, he said that he never received any paperwork stating that he had a ban. I am so confused right now.

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He said tht they told him they would mail him something. He said that he never received anything. When we went to our interview in Miami, they detained him and said he had an order for deportation. When he was finally released and sent back to Brazil, he said that he never received any paperwork stating that he had a ban. I am so confused right now.

Carefully read the thread that I linked to in my last post. It seems that in the case stated there, the alien didn't attend the deportation hearing, was detained at the interview and deported. He was denied a visa in Rio and is not eligible to apply for a waiver for 5 years. It appears that this is something new that they have just started to enforce.

Are you married or not? You are calling him your fiance, yet you say you went for an interview in Miami. I am a bit confused what this interview was in Miami if you aren't married.

Edited by spookyturtle

R.I.P Spooky 2004-2015

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Filed: K-1 Visa Country: Brazil
Timeline

We are not married, the interview which we thoght was for a n employment authorization, the place we went filed an asylum....it was all messed up

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We are not married, the interview which we thoght was for a n employment authorization, the place we went filed an asylum....it was all messed up

See what happens at his interview. Please read the thread at the other site if you haven't done so.

R.I.P Spooky 2004-2015

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Filed: K-3 Visa Country: Brazil
Timeline
Good Luck on your waiver.... :thumbs:

If you dont mind, what is it in particular that your fiance needs the waiver for? Please keep us posted of the outcome and the particulars of the waiver (how it was written ect)

Azul, if you are still checking in, here is an FYI:

Our attorney prepared our waiver packet for Brazil. It used to be a simple process of turning it in. However, my husband had his appointment to turn it in about two weeks ago and one of the adjudicators from Lima had actually flown in to accept the packet and did another "interview" regarding our hardships..Just so you guys are prepared with answers..My husband only read our waiver packet out of boredom because it was in English and his is not that great. Luckily, he was on top of what was outlined in the brief, though.

He also said to make sure you bring all documents they ask for (again), because of the 7 people with waiver appointments that day, only my husband and ne other were able to turn theirs in due to missing documents, translations, etc. Rio really seems to make up rules as they go.

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Our attorney prepared our waiver packet for Brazil. It used to be a simple process of turning it in. However, my husband had his appointment to turn it in about two weeks ago and one of the adjudicators from Lima had actually flown in to accept the packet and did another "interview" regarding our hardships..Just so you guys are prepared with answers..My husband only read our waiver packet out of boredom because it was in English and his is not that great. Luckily, he was on top of what was outlined in the brief, though.

He also said to make sure you bring all documents they ask for (again), because of the 7 people with waiver appointments that day, only my husband and ne other were able to turn theirs in due to missing documents, translations, etc. Rio really seems to make up rules as they go.

Wow. That is a huge change in procedure in Rio. I wonder if this is going to be standard procedure now or if there was a special reason why a Lima rep was at the interviews? Does your husband by any chance remember who the adjudicator from Lima was?

R.I.P Spooky 2004-2015

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