Before I send this packet....

[imprezaowner27 8]

I have everything all set and ready to go but had one last question

I browsed the RFE masterlist and etxc and didnt see anything but:

My fiancee is currently in brazil and has been there for about 5-6 years. She has lived here in the past with her family, graduated highschool and left for brazil to go to college/her parents got divorced and her mother wanted to move back to brazil so she went with her.

It is my impression that she was here legally, (she was in the process to receive her green card but left during it), she has a social security number an A# that whole deal.

Does that interfere with the I-129f? Or is this petition a whole seperate situation.

Thanks, this website has been EXTREMELY helpful.

[TBoneTX 45,298]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- topic can apply to more than one petition process. ***

[Penguin_ie 5,993]

If she was in the USA legally and did not overstay past age 18, there should be no problem.

[imprezaowner27 8]

If she was in the USA legally and did not overstay past age 18, there should be no problem.

Im going to talk to her parents get more details, but if she overstayed then she wont get a visa? I understand why they would scrutinize it in more detial but if the marriage is real can they tell her she has to wait the 10 years?

thanks

[Penguin_ie 5,993]

Yes if she overstayed more than a year as an adult, she would have a 10 year ban (a 3 year ban if she overstayed between 180 days and one year). There is a waiver for it if the US citizen petitioning her can prove significant hardship, but it is not easy to get.

[imprezaowner27 8]

Yes if she overstayed more than a year as an adult, she would have a 10 year ban (a 3 year ban if she overstayed between 180 days and one year). There is a waiver for it if the US citizen petitioning her can prove significant hardship, but it is not easy to get.

180-1 year from her 18th birthday or the expiration of her visa?

[imprezaowner27 8]

180-1 year from her 18th birthday or the expiration of her visa?

I just re-read what you wrote "if she overstayed as an adult" so that means her 18th birthday, but just wanted clarification. Thanks

[Penguin_ie 5,993]

Yep, from her 18th birthday (or later, if her visa was valid till, say, her 19th birthday).

So say her visa was valid till she was 17 years 2 months. She stayed until 18 years 4 months old- they will ask some questions about her overstay, but as it is only 4 months after she was no longer a minor, there would be no ban.

[imprezaowner27 8]

Yeah thank you, im going to have to investigate this more. She says she stayed until she was 19 1/2. She left because her work permit expired at that time and she wanted to go to college.

Im not sure how her work permit was valid if her visa was expired, seems like an oversight on the governements part if thats even possible. Thanks for the replies though, its been helpful

[imprezaowner27 8]

So I was going for the K1 visa, and i got confirmation from her that she overstayed by a year and a half. so the 10 year ban would be in effect.

What if I went to brazil and married her, they can still deny her entry for the next 4 years even though shes the wife of a USC? (she left the USA in 2007)

[VanessaTony 3,567]

So I was going for the K1 visa, and i got confirmation from her that she overstayed by a year and a half. so the 10 year ban would be in effect.

What if I went to brazil and married her, they can still deny her entry for the next 4 years even though shes the wife of a USC? (she left the USA in 2007)

Yes. But as your spouse you would be eligible to file the hardship waiver, which as others stated, isn't easy to get.

So your plan of action is to marry, then file for the CR-1. If she has a ban then her visa will be denied. At that point she would file for the waiver and waiver for it to be approved/denied. If it's denied she will need to wait out the 10 year ban or re-apply later.

It's going to be a long process.

[imprezaowner27 8]

Yes. But as your spouse you would be eligible to file the hardship waiver, which as others stated, isn't easy to get.

So your plan of action is to marry, then file for the CR-1. If she has a ban then her visa will be denied. At that point she would file for the waiver and waiver for it to be approved/denied. If it's denied she will need to wait out the 10 year ban or re-apply later.

It's going to be a long process.

sheesh. Thank you for the reply. Seems very odd for the law to be that way, if she enters the usa illegaly and i marry her, then boom lets pretend nothing ever happened, if she tries to do everything correctly and legally then she has the face consequences.

I appreciate it though, at least now i know not to waste my money, im sure if for hardship i just said i cant stand to be away from her, that wouldnt count haha.

[Harpa Timsah 13,258]

sheesh. Thank you for the reply. Seems very odd for the law to be that way, if she enters the usa illegaly and i marry her, then boom lets pretend nothing ever happened, if she tries to do everything correctly and legally then she has the face consequences.

I appreciate it though, at least now i know not to waste my money, im sure if for hardship i just said i cant stand to be away from her, that wouldnt count haha.

She is not doing everything legally. She did something illegal by overstaying her visa and living in the US illegally. She cannot enter the US now anyway because of her ban, in any capacity.

And people who enter illegally can not get married and stay; no way, no how.

[VanessaTony 3,567]

sheesh. Thank you for the reply. Seems very odd for the law to be that way, if she enters the usa illegaly and i marry her, then boom lets pretend nothing ever happened, if she tries to do everything correctly and legally then she has the face consequences.

I appreciate it though, at least now i know not to waste my money, im sure if for hardship i just said i cant stand to be away from her, that wouldnt count haha.

You misunderstand. If she came to the US illegally she could not marry you and then file for a GC. She has no legal means to remain in the US after entering illegally, marriage to your or not.

If she had done everything legally and correctly then she wouldn't have a problem.

Because she has committed an illegal act yes, she has to pay her debt to society, in this case the US government. Either by waiting out the ban, or by filing for the waiver (waiting and paying the associated fee). After she does this she's good and it won't be a problem anymore. As much as it sucks for you (and her) she broke the law and you're both going to pay the price for it. That's just how it works.

[imprezaowner27 8]

You misunderstand. If she came to the US illegally she could not marry you and then file for a GC. She has no legal means to remain in the US after entering illegally, marriage to your or not.

If she had done everything legally and correctly then she wouldn't have a problem.

Because she has committed an illegal act yes, she has to pay her debt to society, in this case the US government. Either by waiting out the ban, or by filing for the waiver (waiting and paying the associated fee). After she does this she's good and it won't be a problem anymore. As much as it sucks for you (and her) she broke the law and you're both going to pay the price for it. That's just how it works.

Haha, I dont misunderstand, just stating an obnoxious fact in the law. I have no interest in bringing her here illegaly, as im in the process of becoming a police officer and that would just be contradicting now wouldnt it? But I see people get married "for papers" quite often as there is a large illegal population in the area of the country i live in, so it is possible.

Anyway, thanks for the replies, back to square one.