Important Question for my fiances previous status as a minor when applying for the fiance visa!!!!

[JODi * DOUG 1]

Hi Everyone, I was talking with my fiance about this site and how helpful it is with everything for the fiance visa and he had a question that maybe we can get some other advice on.

This is how the story goes, My fiance was brought to the US as a child (6 yrs old) by his parents and had over stayed till he was 17. We had met when he was 14 and i was 15 and now are 20 and 21 and engaged . we definitely want to do everything the correct and legal way so i contacted a lawyer to see if him being in the US as a minor and returned as a minor before he turned 18 would effect any process of him obtaining the fiance visa. I was told being he was not 18 yet that they can can not hold anything against him lawfully being he was a minor and not of age yet. I believe i saw a post on this before when searching through Google months ago but wanted to ask myself for some reassurance. If anyone knows anything about this or has personally been on this situation themselves it would be great to hear about it.

We do plan on bringing everything proving that he was back before 18 to the embassy such as bank accounts open, drivers license which you can get once your 18 in Brasil and so on to make sure the embassy sees but was told by the lawyer that USCIS does not need anything of that sort because they are concerned of us having a legit relationship. On the form i noticed it only says if my fiance has been to the US which ill check yes but hes not currently there so the question under that i believe doesn't apply because it states if my fiance is in the US now what is the date of arrival and departure

Thank you in advance : )

[Que Saudade 284]

Hi Everyone, I was talking with my fiance about this site and how helpful it is with everything for the fiance visa and he had a question that maybe we can get some other advice on.

This is how the story goes, My fiance was brought to the US as a child (6 yrs old) by his parents and had over stayed till he was 17. We had met when he was 14 and i was 15 and now are 20 and 21 and engaged . we definitely want to do everything the correct and legal way so i contacted a lawyer to see if him being in the US as a minor and returned as a minor before he turned 18 would effect any process of him obtaining the fiance visa. I was told being he was not 18 yet that they can can not hold anything against him lawfully being he was a minor and not of age yet. I believe i saw a post on this before when searching through Google months ago but wanted to ask myself for some reassurance. If anyone knows anything about this or has personally been on this situation themselves it would be great to hear about it.

We do plan on bringing everything proving that he was back before 18 to the embassy such as bank accounts open, drivers license which you can get once your 18 in Brasil and so on to make sure the embassy sees but was told by the lawyer that USCIS does not need anything of that sort because they are concerned of us having a legit relationship. On the form i noticed it only says if my fiance has been to the US which ill check yes but hes not currently there so the question under that i believe doesn't apply because it states if my fiance is in the US now what is the date of arrival and departure

Thank you in advance : )

You may want to ask some very experienced members about this one. Please be careful about whose posts you are going to listen to. There are LOTS of opinions like "you should be fine" etc.... But there is a chance that his overstay may have triggered a ban for a certain period of time. Here again, I am not certain about the fact that he was a minor may have a different reading of the law, but an adult definitely would trigger a ban. Here are some members name that speak the truth from fact and not opinion. JimVaPhuong, Anh map, Pshbark. you can recognize these members because their status will be diamond members, platinum members etc.. and have been members for quite awhile. Hopefully, one of them will respond here to your post.

Boa Sorte,

[NigeriaorBust 4,087]

The way the law works is on the 18th birthday the clock starts against the now adult person. The ban starts as soon as you hit the overstay limits. If he left before 180 days past his 18th birthday he is ok assuming he left on his own and wasn't deported.

[JimVaPhuong 4,863]

The way the law works is on the 18th birthday the clock starts against the now adult person. The ban starts as soon as you hit the overstay limits. If he left before 180 days past his 18th birthday he is ok assuming he left on his own and wasn't deported.

This is correct. Minors don't accumulate unlawful presence, and adults don't incur an automatic ban until they've accumulated at least 180 days of unlawful presence. As long as you've got sufficient proof that he left the US before he would have incurred a ban then it shouldn't be an issue at the consulate.

Bear in mind that the US government will have more detailed records of what he did during the years he was in the US than they would have if he had spent those years in his home country. If he ever got into any trouble with the law, even if he wasn't convicted, then the US government will know about it.

[Anh map 2,098]

This is correct. Minors don't accumulate unlawful presence, and adults don't incur an automatic ban until they've accumulated at least 180 days of unlawful presence. As long as you've got sufficient proof that he left the US before he would have incurred a ban then it shouldn't be an issue at the consulate.

Bear in mind that the US government will have more detailed records of what he did during the years he was in the US than they would have if he had spent those years in his home country. If he ever got into any trouble with the law, even if he wasn't convicted, then the US government will know about it.

Plus 1 for Jim

[JODi * DOUG 1]

Thank you everyone for your responses. There was one thing that he had gotten in trouble with and that was for having a knife on him. It wasn't anything serious at all, no crazy knife or anything like that he basically kept it on him for protection because of the town he lived is known to not be good one and a cop had caught him with it and he was arrested and was out the same day with no bail or anything he was only held there so one of his parents could pick him up since he was underage and cant leave the station by himself. When he went to court for it they only gave him a small fine, at most like $200.00 and the lawyer told him basically look at it as if it is a parking ticket, that's how the courts dealt with it. It was literally nothing serious his lawyer also told him that once he hits 18 his record would be locked and no one can access it since that happened as a minor. That was the only thing that had happened to him while in the US, does anyone think that that could come up anywhere as a problem.

I read the requirements on the USCIS form about any convictions and so on and nothing apply to him so i want to know if anyone knows anything about this if it would bring up a red flag or being it was basically like getting a parking ticket it wont even come up or mean anything during this process.