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IR-1 / CR-1 Spouse Visa

By usa-brazil in IR-1 / CR-1 Spouse Visa Process & Procedures

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usa-brazil Rookie

usa-brazil   0

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Filed: Country: Brazil
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Hi everyone.

I have a question. I have an interview in Rio de Janeiro September 8 for my IR-1 / CR-1 Spouse Visa. My Husband is an American Citizen and we have been married for 3 years and have a 2 year old son who was born in Brazil. I went to the US when i was 10 years with a B1-B2 visa, but lived in the US for 11 years. In 2010 we came back to Brazil and our son was born here and we been living here ever since 2010. I was wondering if they would deny the IR-1 / CR-1 Spouse Visa since i live there for 11 years? Can someone please help or if have any experience with something similar to me.

Thank you

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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You may need a waiver if you overstayed. You also may want to consult a good immigration lawyer who deals with such details.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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Only if you were legally in the country for that long, for instance you had a green card. But it sounds like you just overstayed your visitor's visa. Which means that when you exited the USA, you incurred a ban. That will need a waiver.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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pushbrk Grand Master

pushbrk   12,859

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Filed: Other Country: China
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Hi everyone.

I have a question. I have an interview in Rio de Janeiro September 8 for my IR-1 / CR-1 Spouse Visa. My Husband is an American Citizen and we have been married for 3 years and have a 2 year old son who was born in Brazil. I went to the US when i was 10 years with a B1-B2 visa, but lived in the US for 11 years. In 2010 we came back to Brazil and our son was born here and we been living here ever since 2010. I was wondering if they would deny the IR-1 / CR-1 Spouse Visa since i live there for 11 years? Can someone please help or if have any experience with something similar to me.

Thank you

Actually, you asked the question backwards. There is nothing they can do but deny the visa. You would have incurred a ten year ban from entering the USA for overstaying your tourist visa. You WILL need a waiver and it may well be hard to get, since clearly there doesn't seem to be any "severe hardship" for your family to live in Brazil. Time for a good attorney. Actually, the time to hire the attorney was BEFORE you filed the petition.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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usa-brazil Rookie

usa-brazil   0

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Filed: Country: Brazil
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Well I think nothing is impossible for God, so I believe that i wont be banned. Also its not easy for us to live here in Brazil. So even if they ask for a waiver it is possible for an approval, but anyways thanks for your feed back may God bless you

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pushbrk Grand Master

pushbrk   12,859

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Filed: Other Country: China
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Well I think nothing is impossible for God, so I believe that i wont be banned. Also its not easy for us to live here in Brazil. So even if they ask for a waiver it is possible for an approval, but anyways thanks for your feed back may God bless you

If you overstay your visa for more than a year, you incur a 10 year ban, by law. If you think the law won't be applied, you'll be sadly mistaken. There is a hardship waiver process. It's not easy but it IS expensive, with no guarantee of success. Be aware that the penalty for a material misrepresentation is up to a lifetime ban. Time to find a good attorney familiar with hardship waivers. This is no small matter.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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pushbrk Grand Master

pushbrk   12,859

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Filed: Other Country: China
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Well I have many family and friends who have done this with no lawyer help, because the lawyer cant do anything, only fill out forms and make appointments. So we have gone this far with no lawyer. Are you a lawyer?

You have family and friends who have obtained a hardship waiver without a lawyer? No, I'm not a lawyer.

A normal process with no complications is great for do it yourself. That's what this site is all about, helping each other do it ourselves. You do NOT have a normal process with no complications. YOU need a lawyer because YOUR visa will be denied and never issued without a WAIVER. Your waiver will be a difficult one.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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usa-brazil Rookie

usa-brazil   0

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Filed: Country: Brazil
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So, what youre saying is that they can ban me 10 years for entering the US. Well I think that's just stupid, because I never committed any crime there. They should ban the ones who do crimes and not the ones who have family. They would be breaking family apart.

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Blueberry Pancake Proficient

Blueberry Pancake   311

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Filed: IR-1/CR-1 Visa Country: Poland
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Visa overstay is a civil violation, not a crime.

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

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lucybelle Proficient

lucybelle   453

Posted
Filed: Citizen (apr) Country: Costa Rica
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Posted

So, what youre saying is that they can ban me 10 years for entering the US. Well I think that's just stupid, because I never committed any crime there. They should ban the ones who do crimes and not the ones who have family. They would be breaking family apart.

It doesn't matter what you think about the laws.

The nice posters here are trying to help you and give you advice. If you chose not to take it, then so be it.

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
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