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brunocarreiro

Adjusting status from J1 (already married before J1)

By brunocarreiro in Student & Exchange Visitor Visas

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brunocarreiro Newbie

brunocarreiro   0

Posted
Filed: H-1B Visa Country: Brazil
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Posted

Hi Everyone,

I’m Brazilian and my wife is both an American and Brazilian citizen. I hold a Ph.D and work as a professor and researcher in Brazil. I’m considering applying for a Postdoc position (through a J1 visa), then at the end of my postdoctoral period we plan to apply for adjustment of status through marriage (we married 3 years ago in Brazil). Is it possible? Or it’s too risky in terms of adjustment rejection? I’ve been told that chances are that the immigration department may interpret my case as fraud (entering with exchange and research purposes -- postdoc -- then using it for immigration purpose). Is that true? It is really possible to happen?

ps.: I’m aware of the two-year rule that may be applied in j1 visas. If my J1 visa comes with this 2-year rule I may apply for the waiver because I won't be funded by the Brazilian government... So I don't think I'll have this problem. My main issue is that possible interpretation I mentioned above.
ps.2: I know that I can apply for an immigrant visa through the Brazilian embassy, however it takes too much time (12 months in avg.), and we wouldn’t like to wait.

I appreciate any help and opinion about that kind of situation.

Bruno.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status is considered immigration fraud.

You are trying to do an end-run around the longer wait for an immigrant visa. This is a poor (and legally dubious) choice.

Edited by Hypnos

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TBoneTX Grand Master

TBoneTX   45,288

Posted
Filed: Citizen (apr) Country: Ecuador
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Thread is locked (and is not to be restarted) per this provision of the site's Terms of Service: "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

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07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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