American woman marrying Brazilian Man...help

[Minya's wife 24]

So your approved I-129F is now headed to, or in, Madrid and you're hoping your fiancee can apply for the visa at the US consulate there? Why would you think that the US consulate in Spain would process your fiancee's visa application if your fiancee does not have legal residence in that country Spain? With most consulates I've seen, visa services are available only to local nationals and any foreign national with legal residence in that country.

How long has your fiancee been living in Spain? I wonder though....with your fiancee not having legal residence in spain (you mentioned he went to spain initially on a tourist visa, yes?) doesn't that equate to not having 'lived' there at all and maybe no police report would be needed. This may work if he's back in his home country and applying for the K-1 visa from the US consulate in Brazil? Maybe you need to look into having your fiancee return to Brazil and interview for the visa at the US consulate there.

-P

I agree with that completly! My above stated idea of trying to get the police certificate and just seeing what happens (assuming he is willing to risk deportation) was based on my experience in the UK. On the form that me and my ex-fiancee filed out while we were both living in the UK legally, it never asked for any proof of legal residence in the UK. He was an Australian living in the UK and could have provided documentation, but it was never asked of him.

Then at our interview at the US embassy in London he was never asked to see his documentation for legally living in London. We filed while we were both living in London (I used my parents address at home).

But, from what I hear, Spain is pretty crazy when it comes to immigration..more so than London.

And for the record so you aren't too confused reading my posts, after my Australian fiancee and I were approved for the visa, we broke up (before he ever entered the US and therefore before we got married). This was 3 years ago now...but still, I always try to clear up the confusion!

You had an approved K-1 visa for an Australian fiance, now you are applying for Brazilaian who is currently an illegal in Spain and was an illegal in the UK for three years?

Just my opion but I think there will be a problem with this one.

Marina-Del and the OP are two different people....

[Craneman 2]

I agree with that completly! My above stated idea of trying to get the police certificate and just seeing what happens (assuming he is willing to risk deportation) was based on my experience in the UK. On the form that me and my ex-fiancee filed out while we were both living in the UK legally, it never asked for any proof of legal residence in the UK. He was an Australian living in the UK and could have provided documentation, but it was never asked of him.

Then at our interview at the US embassy in London he was never asked to see his documentation for legally living in London. We filed while we were both living in London (I used my parents address at home).

But, from what I hear, Spain is pretty crazy when it comes to immigration..more so than London.

And for the record so you aren't too confused reading my posts, after my Australian fiancee and I were approved for the visa, we broke up (before he ever entered the US and therefore before we got married). This was 3 years ago now...but still, I always try to clear up the confusion!

You had an approved K-1 visa for an Australian fiance, now you are applying for Brazilaian who is currently an illegal in Spain and was an illegal in the UK for three years?

Just my opion but I think there will be a problem with this one.

My Mistake, sorry.

[Btorr04 0]

You had an approved K-1 visa for an Australian fiance, now you are applying for Brazilaian who is currently an illegal in Spain and was an illegal in the UK for three years?

Just my opion but I think there will be a problem with this one.

No... that is another woman. I appreciate all of your feedback , although its left me feeling a little pessimistic about this situation. this is how the system works

[geezer 1]

After thinking about this I think the best thing for him is to return to Brazil and finish the process there.

[Marina-Del 10]

Thank you for all of those that realized we are two different people!!!

3 years ago I had an approved visa with an Australian man who was living LEGALLY in London (as was I). Shorly after we got the visa, we jointly decided that it was not a right choice for us. We realized that we were only getting married because we could not live in the same country without getting married and decided that was not a good enough reason to get married. After that realization, things started to fall apart.

After that (about 2.5 years ago) I started dating my current fiancee (who is Brazilian). He was living in London at the time.

So yea.....now that that's clear!....

[Marina-Del 10]

I wonder though....with your fiancee not having legal residence in spain (you mentioned he went to spain initially on a tourist visa, yes?) doesn't that equate to not having 'lived' there at all and maybe no police report would be needed. This may work if he's back in his home country and applying for the K-1 visa from the US consulate in Brazil? Maybe you need to look into having your fiancee return to Brazil and interview for the visa at the US consulate there.

-P

I have wondered about this before when reading other peoples posts. What do you guys think? If someone lived somewhere illegally and left the country without the authorities ever noticing that they were living there illegally...do they need to get a police certificate? I'm just asking because it is something that has come up before on other posts and I have never heard of a straight answer. What do you think?

[Precious 2]

I have wondered about this before when reading other peoples posts. What do you guys think? If someone lived somewhere illegally and left the country without the authorities ever noticing that they were living there illegally...do they need to get a police certificate? I'm just asking because it is something that has come up before on other posts and I have never heard of a straight answer. What do you think?

I guess this would not work as he would have to show his valid passport at his interview and I suppose he has an entry stamp for Spain and then another one for when he would leave the country?

I don't know, I'm for the straight forward and the ethics. Why would you risk your petition being denied because of a silly lie, or even, harm yourselves because of that?

Having your fiance in Brazil would make things much easier, believe me, then you guys can work things from there.

[Antonio y Olga 1]

Hi, I am also new to this forum, but I am desperately hoping someone can help me. My fiance is Brazilian, but he lives in Spain now illegally. He overstayed his visa there, mainly to stay with me while I was in Spain. Anyways, now I am in the US and we have applied for the K1. Our petition just got approved after 5 months. Now my dillema is that on the US embassy site in madrid it says that non spaniards living in spain illegaly can not obtain a police certificate. He needs a police certificate from Brazil and from Spain. Is there any way he can get this? Does he have to return to Brazil? Has anyone had any similar experience with a situation like this. Now I feel like he is going to recieve packet 3 and we are not going to be able to do anything without a police certificate. thanks for your help

b

Which country are you petitioning him from Spain or Brazil? As a practical matter it would probably be easier to get a police certificate from spain if he was petitioning from brazil.

Where he is petitioned, Brazil or Spain is immaterial; if he has lived in Spain for more than 6 months he has to provide police records from Spain; he would if he was petitioned from Brazil. I would still ask the police in Spain even at the risk of deportation or ask for mediation help from the Brazilian embassy in Spain.

[Azulolhospatricia 0]

Craneman.....the person marrying the person from Spain is not the same person that was going to marry the person from the UK

[Azulolhospatricia 0]

Craneman.....the person marrying the person from Spain is not the same person that was going to marry the person from the UK

[SingleCharles 0]

You had an approved K-1 visa for an Australian fiance, now you are applying for Brazilaian who is currently an illegal in Spain and was an illegal in the UK for three years?

Just my opion but I think there will be a problem with this one.

No... that is another woman. I appreciate all of your feedback , although its left me feeling a little pessimistic about this situation. this is how the system works

Why pessimistic? You just found a problem before it interrupted your visa process. Fix the illegal overstay ASAP, and change your consulate from Spain to Brazil. You'll be together in no time!

Good luck!