Do we need a waiver?

[Billy&Fabiana 0]

Hi All

My wife overstayed her 6 month USA tourist visa by 5 years (arrived in 2001). She voluntarily returned to Brazil, its been 2 years now. We married in Oct 2008 in Brazil. I live in USA and am US citizen.

We will be filing I-130 and G325A next week. We are not sure if we should file a I 129F for a K3 visa. Will the K3 be helpful, speed any process? Is getting a green card quicker or longer? And are we looking at the waiver process?

We enjoy reading this site, you people are great with your help and advice.

[Nita&Assaad 0]

you might want to Consult with a lawyer, not sure how to answer but you might have issues down the road with the overstay....And yes you will need Waivers but not sure in what level.... check this out http://www.visajourney.com/forums/index.php?showtopic=319

Good Luck!!

Nita

Edited October 24, 2008 by Nita&Assaad

[emt103c 10]

Five year overstay gets a 10 year ban. She will need the I-601 waiver. For the 601 you will have to prove that it would cause you, the USC, Extreme Hardship for her not to be allowed to join you. You will file the 601 at or after the interview when they initially deny the visa. A REALLY good website for information on the 601 is www.immigrate2us.net

Two good attorneys for this type of waiver are at:

www.visacentral.net

www.humanrightsattorney.com

Immigration law is federal, so you can use an attorney from any state, but you need one that is VERY EXPERIENCED with the waiver process if you decide to use one.

[emt103c 10]

As for the k3, they are processing at about the same speed as the 130's right now and if you enter on a k3 you have to adjust status in the U.S. which adds an extra $1100 to the process. . .I'd just go with the I-130 if I were you. .

[Billy&Fabiana 0]

As for the k3, they are processing at about the same speed as the 130's right now and if you enter on a k3 you have to adjust status in the U.S. which adds an extra $1100 to the process. . .I'd just go with the I-130 if I were you. .

Thank you for your responses and advice.

[Movin on New Life 3]

As for the k3, they are processing at about the same speed as the 130's right now and if you enter on a k3 you have to adjust status in the U.S. which adds an extra $1100 to the process. . .I'd just go with the I-130 if I were you. .

Thank you for your responses and advice.

not to be the bearer of bad news but unfortunately the waiver will cause more waiting time. most waivers are taking 12 to 18 months to process and cost $545 or 601 and $545 for 212.. sorry but wanted to let you know... best wishes

[emt103c 10]

Actually Brazil seems to be taking about six months to process waivers.

[ARodrigues 0]

Actually Brazil seems to be taking about six months to process waivers.

Agreed. 6 or 7 months has been what they are taking through Lima, who adjudicates Rio waivers.

waiting-Unfortunately for you, Vermont is actually about the only adjudicator that is taking that long right now.

[GFL 0]

Hi All

My wife overstayed her 6 month USA tourist visa by 5 years (arrived in 2001). She voluntarily returned to Brazil, its been 2 years now. We married in Oct 2008 in Brazil. I live in USA and am US citizen.

We will be filing I-130 and G325A next week. We are not sure if we should file a I 129F for a K3 visa. Will the K3 be helpful, speed any process? Is getting a green card quicker or longer? And are we looking at the waiver process?

We enjoy reading this site, you people are great with your help and advice.

Where is she now?

[Billy&Fabiana 0]

She is in Brazil.

[GFL 0]

She is in Brazil.

Billy,

I am not too familiar with K-3 visa. I would recommend you contact an attorney before doing anything. Not sure how the marriage in Brazil would count here.

Best of luck.

GFL