tourists visa, to educational visa, to marraige visa, to asylum

[sara..... 371]

The changed circumstances here is that he exhausted all other avenues? And that was the only one left?

the changed circumstances is the he got married and they filed for visa.....he already had the ability to be here go to school and work......getting married changed the type of visa he was on i guess....he has been waiting for two years for a determination on that petition and has never received a approval or denial..they know full well that the marriage did not work out because of her infidelity and has been interviewed about it ..mostly it looks like an over zealous attorney trying to ensure that he is allowed to continue his studies and work with out interruption.....but since i have no knowledge of the way that this works for this type of petition i wanted to get all the information that i could from vj there are a lot of great people here with more knowledge than a lot of lawyers because they have had to study to find out what they were faced with and this that is the kind of people im looking for and hoping will reply to this thread...

sara

[Penguin_ie 5,993]

Look at it this way: you didn't ask to be judged here, but that is exactly what the government will be doing if you file for him. I think a marriage based AOS would be very difficult to get approved based on his history. However, if Boiler is right and the guy is Brazilian/ has Brazilian citizenship, one option would be to move there.

[Bocajr27 3]

Sara;

Look. The CR1 is a long process and it can take its toll on many relationship. If you are not 100% sure about what feelings you hold for this man, my suggestion is that you take it slow and decide whether or not this is love or just and attraction (or infatuation). If you decide you truly love this man, than marry him and file for the I-130 now. Even if he is denied asylum and deported, the I-130 would already be in process and you can shave precious time off the time you’ll be apart from each other.

I can tell you from personal experience that asylum if very difficult to receive. My wife (who's from Colombia) filed for asylum when she entered the U.S. on the grounds that she feared for her life due to her mother and 15 year old brother’s assassination by paramilitaries. Years later at the hearing, the judge denied her asylum and gave us the choice of appealing or leaving (within 30 days). We decided on the latter and rolled the dice by filing a CR1 once she arrived to Colombia.

Looking back now, I can honestly tell you that it was the best decision for us. She was luckily approved for her visa in less than a year, but it was not easy. We went through RFE's, AP's and the final hump of the I-212. We were very lucky and I have to give God thanks for our 2 year old son who was the factor as to why everything went by so quickly. He suffers from respiratory problems and I relentlessly petitioned for an expedite with VSC, NVC and The U.S. Embassy in Bogota Colombia. Luckily, our cries did not fall on deaf ears, but I truly believe that if it wasn’t for my son’s health issues, we probably would have waited much longer than we did.

Point is. You need to be sure of what you are going to do and you need to be willing to do anything for him and for this relationship. If you’re not sure or you’re not ready to commit in that manner, than simply walk away now while you have a chance. I don’t know anything about you, but from some of the comments listed here, it seems you’ve already had heart ache and I sure wouldn’t want to go through the same thing twice.

Good Luck to you

[sara..... 371]

Sara;

Look. The CR1 is a long process and it can take its toll on many relationship. If you are not 100% sure about what feelings you hold for this man, my suggestion is that you take it slow and decide whether or not this is love or just and attraction (or infatuation). If you decide you truly love this man, than marry him and file for the I-130 now. Even if he is denied asylum and deported, the I-130 would already be in process and you can shave precious time off the time you’ll be apart from each other.

I can tell you from personal experience that asylum if very difficult to receive. My wife (who's from Colombia) filed for asylum when she entered the U.S. on the grounds that she feared for her life due to her mother and 15 year old brother’s assassination by paramilitaries. Years later at the hearing, the judge denied her asylum and gave us the choice of appealing or leaving (within 30 days). We decided on the latter and rolled the dice by filing a CR1 once she arrived to Colombia.

Looking back now, I can honestly tell you that it was the best decision for us. She was luckily approved for her visa in less than a year, but it was not easy. We went through RFE's, AP's and the final hump of the I-212. We were very lucky and I have to give God thanks for our 2 year old son who was the factor as to why everything went by so quickly. He suffers from respiratory problems and I relentlessly petitioned for an expedite with VSC, NVC and The U.S. Embassy in Bogota Colombia. Luckily, our cries did not fall on deaf ears, but I truly believe that if it wasn’t for my son’s health issues, we probably would have waited much longer than we did.

Point is. You need to be sure of what you are going to do and you need to be willing to do anything for him and for this relationship. If you’re not sure or you’re not ready to commit in that manner, than simply walk away now while you have a chance. I don’t know anything about you, but from some of the comments listed here, it seems you’ve already had heart ache and I sure wouldn’t want to go through the same thing twice.

Good Luck to you

Thank you very much that is good information and very helpful i hope your son is doing better than that you and your family have a long and happy life

sara

[hobokenworkingman 4]

(Sara went through what was probably one of the worst administrative nightmares ever documented on VJ, and was stronger than any of us and completely supportive of the rest of us while her own heart was breaking.) Sara sweetie, this does sound as though you'd need to caucus with a VERY good attorney. You'd probably need complete details of every step of the guy's immigration process thus far -- exact dates, ages, authorizations, waivers, exceptions, communications, etc. -- to determine his precise current status and where it could lead. Perhaps others on here can comment with some authority.

I do think that you're very properly asking these kinds of questions now, and I have no doubt that you're constantly weighing the pros & cons against the internal strength that you have. Sometimes, we exhaust our reservoir of strength. I know that you're very self-aware and can accurately gauge your ability to proceed on the basis of whatever you learn.

to Tbone: I'm sorry but you dont know me or my situation and have no place in saying who's stronger than whom or who's more supportive. How do YOU know what my wife and I went through? You dont have any idea as to the administrative nightmare we went through, just as much as I have any idea as to what YOU may have gone through. Each person's experience and personal journey is different and relevant/unique to them. You cant make blanket statements like that and discount one person's experience without knowing a single thing about them. Sara posted on the India portal and I merely responded to her post, given the information that she provided (and no I dont know her background b/c I'm not a part of the original forum that she may have discussed that in; but she posted on the India portal and as she asked for opinions, I just gave my 2 cents and was trying to offer a helpful perspective). I'm sure what Sara went through was very difficult, but it in no way discounts the hell that I went through (Sorry Sara, I dont mean to bring you into this and am sympathetic to your case). Please dont make stupid judgements re: my or my wife's strength or our experiences w/o knowing me or who I am.

[Harsh_77 718]

Here is the simple thought, u mentioned he has been in states for 10 yrs and there is no dispute to that, but through out his 10 yrs he has been constantly changing his status to stay in the country.

I dont know what was his status when his father moved him to the country, but later it was student(F1) and then married so (cr1) or something and that fell apart, so he had no choice but to file for asylum.

Which is throwing me off, as you and Boiler discussed earlier and it was still not clear if he is from Brazil or palestine.

case 1 - assuming he is from Brazil, he has no fear to return to his home country as Brazil is not in bad shape and there is no way he could get asylum.

case 2 - assuming is he from Palestine, as it was mentioned he has never been to Palestine so then how and why does he fear for his life in Palestine? And how was that asylum request approved...... I dont know personally my flags would go up when something like this comes up.

[hobokenworkingman 4]

to answer a couple of questions no i am not in love with him because im not that easy to get past anymore after that mess with perviz....i do like him a lot and am attracted to him that's why i said i wanted information so that i could make the choice of either going forward and seeing if there is enough to lead to love or if i should just walk/run away because chances are very little that it will come to a good end on the immigration end of this.

sara

Sorry Sara, I dont know all the details of your past experience, nor do I have any experience in asylum cases. So I cant advise you on those things, however, it sounds from some of the comments on this thread that you are not entirely sure and as you say, you like him a lot and are attracted to him, but are not a 100% sold on him. Furthermore, the administrative process is sure to be a mess. It seems also from the above response that your gut is saying to walk away. My advise would be to consider your gut, think it over, consider your previous heartache and I think you'll probably come to the conclusion that your gut has already reached. Sorry I cant be more helpful since I cant really relate to asylum cases. Best of luck to you.

[sara..... 371]

to Tbone: I'm sorry but you dont know me or my situation and have no place in saying who's stronger than whom or who's more supportive. How do YOU know what my wife and I went through? You dont have any idea as to the administrative nightmare we went through, just as much as I have any idea as to what YOU may have gone through. Each person's experience and personal journey is different and relevant/unique to them. You cant make blanket statements like that and discount one person's experience without knowing a single thing about them. Sara posted on the India portal and I merely responded to her post, given the information that she provided (and no I dont know her background b/c I'm not a part of the original forum that she may have discussed that in; but she posted on the India portal and as she asked for opinions, I just gave my 2 cents and was trying to offer a helpful perspective). I'm sure what Sara went through was very difficult, but it in no way discounts the hell that I went through (Sorry Sara, I dont mean to bring you into this and am sympathetic to your case). Please dont make stupid judgements re: my or my wife's strength or our experiences w/o knowing me or who I am.

I am sorry i thought i was posting on the general R-1 / CR-1 Spouse Visa Process & Procedures thread

sara

[sara..... 371]

Here is the simple thought, u mentioned he has been in states for 10 yrs and there is no dispute to that, but through out his 10 yrs he has been constantly changing his status to stay in the country.

I dont know what was his status when his father moved him to the country, but later it was student(F1) and then married so (cr1) or something and that fell apart, so he had no choice but to file for asylum.

Which is throwing me off, as you and Boiler discussed earlier and it was still not clear if he is from Brazil or palestine.

case 1 - assuming he is from Brazil, he has no fear to return to his home country as Brazil is not in bad shape and there is no way he could get asylum.

case 2 - assuming is he from Palestine, as it was mentioned he has never been to Palestine so then how and why does he fear for his life in Palestine? And how was that asylum request approved...... I dont know personally my flags would go up when something like this comes up.

I will be talking to an attorney next week to find out the legal aspects on this...thank you for your opinion i do value each and everything thing that people say or suggest

sara

[Boiler 45,510]

He has applied for asylum. Anybody can apply.

You can never say never about anything in immigration, but the chances of him getting asylum is close to zero.

A delaying tactic, as the process takes years.

His best bet is through marriage to a USC, even then with his priors it is going to be a very messy process.

[sara..... 371]

He has applied for asylum. Anybody can apply.

You can never say never about anything in immigration, but the chances of him getting asylum is close to zero.

A delaying tactic, as the process takes years.

His best bet is through marriage to a USC, even then with his priors it is going to be a very messy process.

thank you this is the type of responses i was looking for

sara

[Wayne and Claudia 40]

The changed circumstances here is that he exhausted all other avenues? And that was the only one left?

I agree completely. It smells fishy to me.

[dezaman 1]

I don't have any experinece in this kind of situation... Best advice, go with your inner voice and leave it at that.... I'm fairly certain, straightening out his visa status is going to be an uphill and frustrating process. I do know his best recourse is to take on an American citizen as a wife in order to finally be in the States "legally". He is using his parents country of heritage in order to be granted asylum, but in all actuality, his is really a Brazillian citizen. I'm sure you will make the best possible decision for yourself. My prayers are with you as always.

Dee

[TBoneTX 45,288]

to Tbone: I'm sorry but you dont know me or my situation and have no place in saying who's stronger than whom or who's more supportive. How do YOU know what my wife and I went through? You dont have any idea as to the administrative nightmare we went through, just as much as I have any idea as to what YOU may have gone through. Each person's experience and personal journey is different and relevant/unique to them. You cant make blanket statements like that and discount one person's experience without knowing a single thing about them. Sara posted on the India portal and I merely responded to her post, given the information that she provided (and no I dont know her background b/c I'm not a part of the original forum that she may have discussed that in; but she posted on the India portal and as she asked for opinions, I just gave my 2 cents and was trying to offer a helpful perspective). I'm sure what Sara went through was very difficult, but it in no way discounts the hell that I went through (Sorry Sara, I dont mean to bring you into this and am sympathetic to your case). Please dont make stupid judgements re: my or my wife's strength or our experiences w/o knowing me or who I am.

No one was judging you, because if you think about it, and if your VJ registration date is correct, you weren't a VJ member (or at least not for very long) when Sara was going through her strife. She drew the support of a massive number of VJ members. I don't remember your distinctive username from that time, but if you were part of the support to her, more power to you.