fiance overstayed visa, left the country, now what?

[AmyWrites 593]

Brazil's economy isn't so bad...

He overstayed, which means he'll probably need a waiver, which means this is not a DIY case and you should get a lawyer. Also, if he was working by pretending to be a US citizen, you're in deeper problems. This isn't going to be easy.

[melindamarie 1]

You wrote this:

And now you write this:

I think we are all under the impression that he overstayed at least a few years (2005 was 7 years ago and college does not take that long) and worked illegally. Now you say that's not true?

He went to nursing school the whole time he was here. His brother is a US citizen (he was in the military and married a US citizen) and he was able to get a job (working illegally, yes) as just a server because of him. Just to supplement his funds as a student and any extra he made he sent to his mom in Brazil so she could open up her own business. He lived with his brother. I said he did not intend to stay because when he applied and entered the US on his student visa, he absolutely hated it and wanted to go back home. His parents forced him, along with his brothers, to study abroad because of Brazil's poor economy and they wanted a better life for their sons. So initially, no, he had no intent in staying. College does not take 7 years, no, but when you have to take a little bit at a time because you don't have the funds for it and English isn't your first language, it takes a little longer.

[melindamarie 1]

Melinda, the cunsolate must have given him a letter explaining the reason they declined his visa this time around. There should be indication as to whether the ban applies to him in that letter. Have home check it out.

He sent me pictures of the letter given to him at the consulate. Basically they denied his visa because they figured he had an intent to stay in the US, which was true. I knew we should have applied for the fiance visa instead and just done it all legally but he was convinced it would be fine (never ever listen to your friends when dealing with these issues). The piece of paper said he could reapply for the tourist visa again in three months if he had more proof of his ties back to Brazil. Mentioned nothing about a ban.

[AmyWrites 593]

Working illegally and the appearance of applying for any visa just to immigrate will make this a very difficult case I think. Get a lawyer.

[Boiler 45,695]

It Sounds like he lied on his B2 Visa application.