ir-1/cr-1 better than k1 in this case?

[imprezaowner27 8]

Hi all,

I have been in the K1 visa section for a little bit, reading and researching but we have come accross a roadblock after having the packet all set up and ready to go.

My finacee was in the USA as a child, completed highschool and then left the country because her visa was expired. Issue is she left the country at 19.5 years old. So by law, i suppose she overstayed the 365 day period that is allowed so that she does not incur the 10 year ban.

She left the country in 2007, so we are 4 years away from the 10 year ban ending. The K1 visa would be denied at the interview (last step of the process of course).

Ive been browsing a bit and couldnt find a straight forward situation similar to mine, what if at this point I went to brasil and married her. I have dual citizenship so this is entirely plausible and fairly easy. Would the 10 year ban still be in effect and get a married visa declined? It seems odd to me because if she were in the country illegaly, the ban would be "forgiven".

Please any advice would be greatly appreciated, ive even considered relocating both of us to canada (living in brasil is unrealistic for a long period of time due to my student loan payments) for 4 years until the ban is up, marrying her then applying after, I just want to be with my wife.

thanks.

Edited June 23, 2013 by imprezaowner27

[The Mean Lady 604]

You would have to file a waiver if she does in fact have a ban.

I don't know much about waivers so you'd be better off looking around the waiver forum for more info or waiting for someone with more info.

You can only relocate to canada if you can pass their immigration restrictions.

It's not a free-for-all there.

[imprezaowner27 8]

understandable, but having friends that moved to canada, the immigration process seems much easier

[The Mean Lady 604]

It is, for the most part, as long as you can satisfy their requirements.