Grace Period, Denied Visa and K-1 visa

[Neytiri 0]

Hello everyone.
I am Brazilian and lived in NY from 2008 to 2013 (had a J-1 visa and then a P-1 visa because im a professional athlete).
My P-1 visa expired on April 2013 but, since I was in the middle of the competitive season, my former attorney told me I had a 180 days Grace period and I could stay in USA, since I didnt pass that period, without any problems. I finished the season and came back to Brazil on September 2013.
Left my boyfriend, who is an American, in USA and, in March of 2014 I applied to a tourist visa, intending to go back to USA and marry him. The consul who interviewed me said he couldnt give me an answer about my visa right away and my case would be looked into for more considerations. ONE YEAR later, in March 2014, consulate tells me my visa was denied because I overstayed 10 days after my grace period was due. I told them I didnt, since my P-1 expired on April and, that being so, I could stay until October. They told me then that the Grace Period starts to be considered from the petition approval date, which was March 2013 and, if that is true, the grace period was due on September 2013, so they denied my visa and SUSPENDED me from applying to a new one for 3 years from the date I left USA (September 2013).
Now my boyfriend and I still want to get married and we plan on applying for a K-1 visa. We spoke to an attorney in NY and she said I cant do the K-1 because of the situation i just explained and that he should come to Brazil, marry me here then we apply for a waiver (5k dollars) and then a Green Card (3k dollars).
A second attorney we spoke to said we can apply for the K-1 and he charges 6.5K dollars for the whole process (i believe green card process included).

Does anyone have any input or advice?
Which attorney is right? Are those prices good or too high?
Im kinda discouraged...I love my boyfriend but this whole thing get us upset....we want to solve this situation the right way.

Thanks everyone in advance for any help.

[Boiler 45,522]

You can certain ly apply for a K1.

Never heard of a 180 day grace period.

3 year ban suggests they considered you overstayed long enough to hit the ban.

Assuming that is the case then as the ban expires next year anyway may be easier just waiting it out, delay any interview until is has expired.

[Moustafa/Crystal 65]

Why not just get married in Brazil and apply for a CR1? The whole process takes about a year, so your ban should be lifted. You can take your time and do it yourself. Total cost for visa is $865 plus cost of medical, translations, police certificates, etc. Then you have $165 fee to get your green card generated.

[Shauneg 762]

You couldn't have legally come on tourist visa intending to marry him and stay anyway...blessing in disguise I guess. I'm with others have him come and marry you then file CR-1.

[TBoneTX 45,303]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is considering her options. ***

[Unidentified 2,930]

I agree with the other, it would be easier to go the CR1 route. And you're not supposed to get married on a tourist visa anyway so maybe it was a good thing it got denied since you clearly had the intent to marry on a tourist visa and that's not what it's for.

[Neytiri 0]

Thanks everyone!
I dont know much about the laws and the attorneys cost a lot...I just found this forum and I appreciate all the help.
My boyfriend is planning on visiting me soon so we may do the marriage. Does he have to stay to do some interview in Brazil or after the marriage we can just keep the process going even if he is in USA? its hard for him to travel here because of his job.
The attorneys are charging between 6.5k and 8k tod o the process but if we can solve ourselves, that would help us a very much. We want to solve it the fastest way possible...its been a long time apart and we miss each other.

[Boiler 45,522]

No need for him to stay.

The fastest option would be for him to be the one that moves.

[Neytiri 0]

Hello guys!
An attorney told me that, if the consul told me I was banned, not even a waiver can help me and I will have to wait til september 2016 to get this done. I can start organizing everything but the visa will only work after september 2016.
Another attorney said I counted the grace period right (from the visa expieration date) and what the consul said (the grace period counts from the petition approval expiration date) is wrong. Idk if i believe that...i believe the consul more than attorneys (my attorney told me i was ok counting from the visa expiration dta and lok what happened lol).
I have spoke to some girls who did the K-1 by themselves and everything went hru right...idk in my case how it would be but, if i can save 8K that would help me a lot, thats why i am researching (dollar is costing 3.5 reais each....which means I would spend in reais over the amount of a car on the visa process only).
If i cant really apply for any visa until next year, no reason for me to rush. Does anyone know if this information is right?

[Boiler 45,522]

The Consulate call is the one that matters.

[newacct 688]

My P-1 visa expired on April 2013 but, since I was in the middle of the competitive season, my former attorney told me I had a 180 days Grace period and I could stay in USA, since I didnt pass that period, without any problems. I finished the season and came back to Brazil on September 2013.

First of all, a US visa is only for entry; the visa expiration date is just the last day you can use it to enter. The visa expiration date is completely irrelevant to this discussion.

There is no such thing as a "grace period". P-1 are admitted until a specific date on their I-94. Whatever that date is, is how long you can stay. This date is important (do you know what this date was? was it in March 2013? or something else?).

If you need to stay longer for your competition, your employer should have filed for an extension of stay before your I-94 expired. If you stay after your I-94 expires, without filing anything, then you are unlawfully present and deportable.

Whatever this "attorney" told you totally doesn't make any sense (it's like saying you enter the US with a tourist visa, they give you 6 months, you stay through the 6 months, and someone tells you you have a "180 day grace period" after that 6 months is over; that's complete BS).

If you accumulate more than 180 days of unlawful presence and then leave the US, you have a 3 year ban. What was the reason of denial you were given when you applied for a visa? If it was INA 212(a)(9)(B)(i)(I), then that means it was because you have a 3-year unlawful presence ban, and it will prevent you from getting any visa, including fiance visa or immigrant visa. If it was INA 214(b), then that's just a generic immigrant intent denial, which will not prevent you from getting a fiance visa or immigrant visa.

[Neytiri 0]

Hello newacct

Thanks for the info.

How can i find out if the reason was INA 212 or INA 214?

Basically saying, my former attorney messed up my life pretty bad ?

[canadian_wife 1,822]

Do you have access to your I94? What was the departure date listed there?

Good luck