brazil fiance/ overstay

[todd6cordas 0]

i have been reading many posts on this site. incredible. joy, frustration, very deep!

my situation:

i met my fiancee a year and a half ago here in the US. she was here on a three month toursit visa from brazil. she then overstayed her visa by eight months. we lived together in the meantime. when it was decided i wasn't ready to get married at that moment she returned to brazil. four months later i went to visit, spent two months and we decided to get married so she could come back to live together in New York. i then found out about the three year bar and have been trying for the month since to figure out the best path. i am very reluctant to move to brazil as i have a life in music i have created for myself here over many years.

her family has a meeting at the consulate in rio in march for a toursit visa, any chance she'll sneek through if they don't catch her overstay? lying? do they definetly know when she left? the woman at the check out did take her 1-94(?) when she left. is it worth trying a K-1 which would only be successful if they didn't know when she left? would an 1-130 into a waiver application take us close to march 2009 when her bar would be up? any chance a waiver would be approved without "serious" showings of extreme hardship i.e. health conditions, etc.?

any one know of a good immigration lawyer in the ny area? i have been so far unimpressed.

my salute to everyone here. what a journey this all is! incredible...

thank you,

todd

[kitkat1 5]

Lying ia not an option as each form requires your/her signature as proof under penalty of perjury/fines/imprisonment that you are telling the truth and she will be under oath at the interview. She will not get a new tourist visa with a previous overstay - they do know everything and I personally wouldn't waste the time for a meeting at the consulate about this. Also, since she overstayed she would not have any way to prove that she was home in Brazil during that time i.e. paychecks, rent receipts, etc since she wasn't there.

You can still file the I-129F or I-130 petition (overstay does not mean it won't be approved) and when she gets to the interview stage she will be denied due to the overstay. The waiver is to overcome the ban. "Extreme hardship" defintions vary with each consulate - check out the 601 forum on www.immigrate2us.net for good examples and advice.

Edited November 7, 2006 by kitkat1

[Aussielad 37]

she'll need a waiver, as was stated above, yeah she'll get approved with the papers, but when it comes time for the interview at the consulate, she'll get denied based on the overstay.

My advice is to seek counsel from a good, qualified immigration attorney, or go to www.aila.com <---american immigration lawyers assosiation.