Marrying Brazilian whom I believe has 10 yr ban

[little red 0]

If anyone has advice and has been in similar situation as us please help! I'm very sorry if I'm posting in wrong place

I am new to this. I received the website from a friend of mine who married a Turkish man. She said this site helped her tremendously so I hope it will do the same for me. I am still researching to figure out all the forms and visas and such. I am an American women and will marry my Brazilian fiance here in Brazil. We are still in the beginning stages collecting various documents. My divorce decree, letter of being single, etc. He was in the US previously entering illegally and living for 6 years. He was issued a drivers license. He also was arrested in 2008 for driving with an expired drivers license. He left on his own he was not deported. He returned to Brazil because of his elderly mother and has been here for almost 1 year. In January 2009 he tried to get a visa to return to the US and was denied. He Say's he was told he was denied because the interviewer didn't believe his application." No one told him he was banned for 10 years.

He thinks the reason he was denied is not because they know he was there illegally but because he lied and said he never applied for a visa before. Which he did in 1999 and was also denied then, he believes because he had no binding ties in Brazil. Presumably he was probably at risk of trying to stay in the US. I am wondering what we should do? Is there a way to find out if he was banned for 10 years without causing ourselves more pain? I'm worried he does have a 10 year ban and that is why he was denied. But we have a friend who also was in the US living with his whole family illegally for 7 years they all left and came back to Brazil on their own not deported. The children were in school,had drivers license etc and they were recently given tourist visas. Hope this makes sense because I'm totally confused myself. Any help will be appreciated.

[LoveMyTico 999]

If anyone has advice and has been in similar situation as us please help! I'm very sorry if I'm posting in wrong place

I am new to this. I received the website from a friend of mine who married a Turkish man. She said this site helped her tremendously so I hope it will do the same for me. I am still researching to figure out all the forms and visas and such. I am an American women and will marry my Brazilian fiance here in Brazil. We are still in the beginning stages collecting various documents. My divorce decree, letter of being single, etc. He was in the US previously entering illegally and living for 6 years. He was issued a drivers license. He also was arrested in 2008 for driving with an expired drivers license. He left on his own he was not deported. He returned to Brazil because of his elderly mother and has been here for almost 1 year. In January 2009 he tried to get a visa to return to the US and was denied. He Say's he was told he was denied because the interviewer didn't believe his application." No one told him he was banned for 10 years.

He thinks the reason he was denied is not because they know he was there illegally but because he lied and said he never applied for a visa before. Which he did in 1999 and was also denied then, he believes because he had no binding ties in Brazil. Presumably he was probably at risk of trying to stay in the US. I am wondering what we should do? Is there a way to find out if he was banned for 10 years without causing ourselves more pain? I'm worried he does have a 10 year ban and that is why he was denied. But we have a friend who also was in the US living with his whole family illegally for 7 years they all left and came back to Brazil on their own not deported. The children were in school,had drivers license etc and they were recently given tourist visas. Hope this makes sense because I'm totally confused myself. Any help will be appreciated.

Overstaying 360 days or more is an automatic 10 year ban. Deported or not. He will need an I-212 Waiver to return.

[Bobby+Umit 161]

because he lied and said he never applied for a visa before. Which he did in 1999 and was also denied then

Yup - sounds like he was caught misrepresenting himself, and was lucky to only incur a 10 year ban, not lifetime.

The EWI and 1+ year overstay doesn't help either.

Your waiver will probably not be granted due to the misrepresentation, from what I have read on similar cases. They take "lying" very seriously.

Your other friend must of gotten really lucky, or misrepresented themselves when they applied for the visas and were not caught.

[Y's_habibitk 2]

It sounds like you have a VERY rough road ahead of you. A waiver will be necessary and proving that he is needed by the USC will be difficult. "i miss him" isnt goign to be enough.

Good luck with whatever you choose to do. Maybe you could just stay in brazil with him and live there? Is that an option for you guys?

edit:sorry for the huge post....reply wasnt responding and then posted my response 3 times

Edited August 25, 2009 by Y's_habibitk

[Dakine 26]

Not a good idea to "lie to USCIS computers" these days. Computers don't forget!

If you marry him I hope you are considering living abroad!

Edited August 25, 2009 by Haole

[CnT4ever 1]

Devil's advocate here. Why would you marry someone that obviously has no problem breaking the law and no problem lying about everything? Not to mention, someone who has every reason to use a USC to get back to America???

[LoveMyTico 999]

Devil's advocate here. Why would you marry someone that obviously has no problem breaking the law and no problem lying about everything? Not to mention, someone who has every reason to use a USC to get back to America???

I second that !!!

[Chica Yeyé 41]

Devil's advocate here. Why would you marry someone that obviously has no problem breaking the law and no problem lying about everything? Not to mention, someone who has every reason to use a USC to get back to America???

I second that !!!

The OP did not ask our opinions on her life decisions, #######. Reported.

I suggest you know that you will face a very likely denial; and indeed, like bobby said, the waiver might also be denied on grounds of misrepresentation. Do consult an immigration attorney AND consider residing in Brazul.

[Kathryn41 3,205]

moved from K-3 forum to Waivers forum

[canadian_wife 1,822]

Overstaying 360 days or more is an automatic 10 year ban. Deported or not. He will need an I-212 Waiver to return.

The I-212 is for a deportation, the I-601 is for the overstay

It sounds like there may be more to your fiance's case than meets the eye (overstay, misrepresentation, etc). I would suggest a meeting with a qualified immigration attorney to specializes in cases involving bans to help you weight your options.

Good luck.

[Babs0324 0]

because he lied and said he never applied for a visa before. Which he did in 1999 and was also denied then

Yup - sounds like he was caught misrepresenting himself, and was lucky to only incur a 10 year ban, not lifetime.

The EWI and 1+ year overstay doesn't help either.

Your waiver will probably not be granted due to the misrepresentation, from what I have read on similar cases. They take "lying" very seriously.

Your other friend must of gotten really lucky, or misrepresented themselves when they applied for the visas and were not caught.

You will have to file an I-601 waiver due to the misrepresentation and the unlawful presence in the United States. Your fiance likely incurred a ten year ban because he entered/stayed in the United States unlawfully for over one year. Because he was not deported, I don't think the I-212 is applicable. In addition, this is not a case of an "overstay," because he was never admitted lawfully into the U.S. Therefore, there is no visa to "overstay." Regardless, the I-601 waiver is very complex and takes a lot of time to put together--it is worth consulting a good immigration lawyer with a lot of experience handling waivers.

Also, it is unwise to suggest that the OP's waiver will not be granted, as we don't have any other information about mitigating/aggravating factors that could support/detract from the waiver. In addition, a lot of this depends on where the waiver ends up--keep in mind that just because you file it in Brazil does not mean that it will be adjudicated in Brazil. If Brazil has a lot of petitions, it could be sent elsewhere.

To the OP-good luck with your process.

[GlobeHopperMama 95]

At his visa interview, your fiance will be given at least two bans - the 10 year ban under INA(212)(a)(9)(B)(ii) for unlawful presence in the US over a year, and the lifetime ban under INA(212)(a)(6)©(i) for misrepresentation when applying for the visa (hiding unlawful presence and prior visa applications is a tough thing to overcome).

Both of these bans can be waived with the I-601 waiver. I-212 is only filed if there was a deportation, which it appears there wasn't. However, the waiver is discretionary and in general, when the immigration offense is big, the standard for proving extreme and unusual hardship to the US citizen is extremely high. Misrep to a consular officer is HUGE, so there will need to be a LOT of hardship to prove in the waiver packet.

For more info on foreign-filed waivers of inadmissibility, you can also see

http://immigrate2us.net

[anitacastillo 0]

If anyone has advice and has been in similar situation as us please help! I'm very sorry if I'm posting in wrong place

I am new to this. I received the website from a friend of mine who married a Turkish man. She said this site helped her tremendously so I hope it will do the same for me. I am still researching to figure out all the forms and visas and such. I am an American women and will marry my Brazilian fiance here in Brazil. We are still in the beginning stages collecting various documents. My divorce decree, letter of being single, etc. He was in the US previously entering illegally and living for 6 years. He was issued a drivers license. He also was arrested in 2008 for driving with an expired drivers license. He left on his own he was not deported. He returned to Brazil because of his elderly mother and has been here for almost 1 year. In January 2009 he tried to get a visa to return to the US and was denied. He Say's he was told he was denied because the interviewer didn't believe his application." No one told him he was banned for 10 years.

He thinks the reason he was denied is not because they know he was there illegally but because he lied and said he never applied for a visa before. Which he did in 1999 and was also denied then, he believes because he had no binding ties in Brazil. Presumably he was probably at risk of trying to stay in the US. I am wondering what we should do? Is there a way to find out if he was banned for 10 years without causing ourselves more pain? I'm worried he does have a 10 year ban and that is why he was denied. But we have a friend who also was in the US living with his whole family illegally for 7 years they all left and came back to Brazil on their own not deported. The children were in school,had drivers license etc and they were recently given tourist visas. Hope this makes sense because I'm totally confused myself. Any help will be appreciated.

Please don't get pregnant!!

[csoul 0]

Devil's advocate here. Why would you marry someone that obviously has no problem breaking the law and no problem lying about everything? Not to mention, someone who has every reason to use a USC to get back to America???

I agree with this 100%, to be honest and sorry but I do not want this type of guys in US, that is one of the reasons I leaved my country where corruption and lying at all levels is something "normal".

[D&R 0]

Devil's advocate here. Why would you marry someone that obviously has no problem breaking the law and no problem lying about everything? Not to mention, someone who has every reason to use a USC to get back to America???

I second that !!!

The OP did not ask our opinions on her life decisions, #######. Reported.

I suggest you know that you will face a very likely denial; and indeed, like bobby said, the waiver might also be denied on grounds of misrepresentation. Do consult an immigration attorney AND consider residing in Brazul.

Wow! Reported for THAT comment. I've seen ALOT worse on here. Plus I think the OP 'does' want peoples opinions on her decisions, otherwise they wouldn't have posted. Perhaps this persons comments made the OP think twice about marrying someone who is dishonest and untrustworthy, and she's chosen to better herself and is looking into being with someone of a higher moral character. Just a though!