Marrying Brazilian whom I believe has 10 yr ban

[Peter&Jaime 1]

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.

This process is very difficult and your situation seems somewhat complex. You might want to consider hiring a good immigration lawyer especially considering your uncertainty of of why he was denied and if he is banned. If I were in your shoes I would not chance it and would get a lawyer. If you make a mistake you risk getting a denial or worse a permanent ban. A lawyer may be expensive but no where near as expensive as the cost of the process and the time spent especially if you are denied. Whatever you choose to do good luck.

[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???

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.

Get a life! Anyone that airs their dirty laundry on a public forum should expect people to give their OPINIONS. I didn't see you having a problem giving your opinions to people in MENA when Tammy was asking about marrying a second foreigner I didn't say anything bad to her. Just telling her to open her eyes to some major red flags. Ever known anyone whose life was completely destroyed by an immigrant user whose story is quite similar to this? I do. Not a pretty picture.

Edited August 26, 2009 by CnT4ever

[payxibka 10,045]

[CnT4ever 1]

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.

FYI a very very dear from of mine was going through this exact same situation. She is on here on VJ. She suffered heart break, financial disaster, trauma to her self and her children. She too had the same issues and filed waivers and bent over backwards for a man that later treated her like trash and dumped her (after he got all he can get). So I don't believe it's wrong or off topic to ask the OP the questions I posed.

[suzukiwookie 1]

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.

I really doubt that this guy is going to be let in again. And my thoughts to you (please don't take offense)... find someone with a cleaner track record (I've seen too many people end up with guys like this..)

[jpaula 20]

Unfortunately (and despite the name), this is not the best forum in which to ask waiver questions. Some of the responses in this thread are simply incorrect. There are many people who have had waivers approved for both misrep and illegal presence. You will find them, as well much more accurate advice, at www.immigrate2us.net. In order for them, or an attorney, to really help you you will need to know a few additional things about your husband's case: 1) exactly how did he originally enter the US? You have said he entered "illegally" but the details actually matter in the eyes of immigration law 2) Did his visa application result in an actual misrep charge from the CO? This really matters because, while illegal presence of over 365 days carries a 10 year (waivable) bar, misprep carries a permanent (waivable) bar. The process for overcoming either bar is the same--an approved I-601--but it is worth knowing what kind of bar you face. That is where you start. I2us, and possibly a lawyer, can give you helpful advice from there.

Good luck to you.

To the mods: I think we should reconsider having a waiver forum on VJ as it seems only to spread inaccurate immigration advice and judgmental responses. Winds up being more like entrapment than a way to help.

[Krikit 1,163]

It is inappropriate and unacceptable to make assumptions and judgemental comments in this forum. Please refrain from any further such comments or administrative action will be taken. Thank you, jpaula, for your helpful advice.

[Boiler 44,873]

I would agree the misrep is the bigger issue.

And also immigrate2us is the better place to go.

[Y's_habibitk 2]

http://www.visajourney.com/forums/index.php?showtopic=214956

To the OP, I would get with the OP of the above thread since she is going through a similar situation at the same consul..

[Cuchita 1]

FUNNY SOME PEOPLE HERE HAVE A CRYSTAL BALL.

[Y's_habibitk 2]

FUNNY SOME PEOPLE HERE HAVE A CRYSTAL BALL.

actually some people have personal experience to share

[Old Dominion 26]

Just don't ignore the warning signs of possible disaster that others have posted. That's good advice.

[spookyturtle 9,465]

Check out immigrate2us.net. It is the best site for waivers and the users there are not judgemental.

[little red 0]

I suppose I should have been more specific with my post. Thanks to everyone who gave advice without judging.

As far as putting my dirty laundrey out there as one said. I thought this forum was for help with these issues.

If I didn't put it out there how would I receive help? People make mistakes sometimes and sometimes for a good reason. I didn't think I would have to explain why he did what he did, nor will I. For people on this kind of site to judge and say things like you wouldn't want this type of person in your country. I am Native American.

I could say lots of things to this but I will not. Because I think those of you who know your history know what my response would be.

[Chica Yeyé 41]

Oh, I know exactly what you mean. I love all my First Nations/Native American hermanos. However, this does not make your case any easier. There will be a denial, and the process will be hard and difficult. You should totally consult an experienced immigration attorney.