What are the chances of a visa application being denied?

[CKnight 1]

23 minutes ago, Timona said:

 

You did mention that she did not use her J-1 after arrival. So, technically, she failed to maintain it. She is, therefore, demeaned illegal. Because of that, I think her F-1 visa will be denied. Immigration is going to find out about her J-1 abuse and subsequently deny her F-1. So she is technically gonna remain illegal. The only solution is to marry her. She may know this already and is telling you indirectly that you guys should get married. Have you found out if the "emergency" back home is real or made up to twist your arm into marriage?

 

Out of curiosity, ask her why she did not use her J-1 visa as she was supposed to. I hope she did not just land and go to Miami or Hollywood.

 

She is not telling you the truth. If I were you, I would:

1. Sit down with her (while acting as if I am dumb about the process - of course you are not as we here on VJ have already educated you) and ask her about this Brazilian Visa. Then educate her and see if she still keeps pushing the same story (basically, upon education, she should be relieved that she does not have to apply for it. However, if she appears agitated, then you know your answer).
2. Then ask to see her PP and check when visa was issued.
3. Then you can tell her that she is fine going to Brazil and that you will come visit her. If she dumps you by end of day, you know you outsmarted her and dodged a bullet.

 

So, I just talked to her briefly. She came under the J-1 visa which was a work visa. She said it came with an "extension" but she said she is also applying for the tourist visa to cover the gap that she is waiting for the answer on getting her F-1 visa. But she said if she leaves now, she may or may not be able to come back into the U.S. I misunderstood the part about going to Brazil. She can go to Brazil, but may not be able to get back to the U.S. and has to reapply to get a visa. 

[aaron2020 11,651]

1 hour ago, CKnight said:

My girlfriend is from Brazil, and she came to the United States through the Au-Pair program. She is still here legally, but she of course has family back in Brazil. She has been in the United States for about 3 years now, and is waiting for an answer on her current student visa. She said that if she had to go back to Brazil in the event of a family emergency, she might not be able to come back to the United States right away. My girlfriend has to file for a Brazilian visa which may or may not be denied. If it is denied, then she won't be able to come back to the United States. If that happens, is it possible for me to go to Brazil and marry her there, then bring us back to the United States to live? Also, does she even need to file for a Brazilian visa? My thought is that she may not need to, because of her citizenship as a Brazilian. 

Hi,

 

You need to get the right facts from your girlfriend.  

 

1.  Au Pairs are limited to 2 years.  So how is she legal after being here for 3 years?

2.  Brazilians do not need visas to enter Brazil.  

3.  With a change of status, she is aware that leaving the US would mean abandoning the COS.

4.  You can go to Brazil to marry her and it would take 12-24 months for her to go through the spousal visa in Brazil in order to immigrate to the US.

 

Here are the questions you need to find answers to;

 

1.  What visa did she enter on?

2.  Has she maintain her status on the visa she entered on?  How is she legal after 3 years as an au pair?

3.  When did she file for a change of status to F1?  And was she in status when she filed?  When does school start?

Is she pressuring you to marry her?  She knows that marrying a US citizen is the easiest way for her to stay in the US.

I'm from San Diego.  Lots of Brazilians who have overstayed their non-immigrant visas with full knowledge that marrying a US citizen is their easy way to get a green card.  

 

Best of luck to you.

 

 

 

[PaulaCJohnny 713]

6 minutes ago, CKnight said:

So, I just talked to her briefly. She came under the J-1 visa which was a work visa. She said it came with an "extension" but she said she is also applying for the tourist visa to cover the gap that she is waiting for the answer on getting her F-1 visa. But she said if she leaves now, she may or may not be able to come back into the U.S. I misunderstood the part about going to Brazil. She can go to Brazil, but may not be able to get back to the U.S. and has to reapply to get a visa. 

When she applied? 

In October you did a post asking if was possible to apply for a K1 visa.

So that moment was 6 months ago.

 

[Timona 4,207]

3 minutes ago, CKnight said:

So, I just talked to her briefly. She came under the J-1 visa which was a work visa. She said it came with an "extension" but she said she is also applying for the tourist visa to cover the gap that she is waiting for the answer on getting her F-1 visa. But she said if she leaves now, she may or may not be able to come back into the U.S. I misunderstood the part about going to Brazil. She can go to Brazil, but may not be able to get back to the U.S. and has to reapply to get a visa. 

 

Well, she is clearly doing everything not to go back to Brazil.

Anyway, as I said, she will be denied in both. I am not even sure if you can apply for a tourist visa while in the US. Additionally, it is taking 6+ months to get response from USCIS during this COVID season. By the time of response, she should have status. As of now, she doesn't. And by the time USCIS responds, she would have waaaaaay overstayed.

Knowing this, I would not waste money on applying for the tourist visa, if it is even possible.

 

There have been cases of people who got stuck in the US on tourist visa during COVID. They applied for extension. Response came late. They had already overstayed by then. 

[aaron2020 11,651]

11 minutes ago, CKnight said:

So, I just talked to her briefly. She came under the J-1 visa which was a work visa. She said it came with an "extension" but she said she is also applying for the tourist visa to cover the gap that she is waiting for the answer on getting her F-1 visa. But she said if she leaves now, she may or may not be able to come back into the U.S. I misunderstood the part about going to Brazil. She can go to Brazil, but may not be able to get back to the U.S. and has to reapply to get a visa. 

Ok.  She's desperate to stay in the US and filed for Change of Status (COS) to tourist and F-1.  She is aware that leaving the US means abandoning her COS, and she will need another visa to come back to the US.

 

There is NO WAY that she is going to be successful in getting a COS to tourist or F-1.  

 

Do you love her enough to marry her and adjust her status for a green card?  Is she using you to get a green card?  

Edited April 21, 2021 by aaron2020

[Timona 4,207]

8 minutes ago, aaron2020 said:

Hi,

 

You need to get the right facts from your girlfriend.  

 

1.  Au Pairs are limited to 2 years.  So how is she legal after being here for 3 years?

2.  Brazilians do not need visas to enter Brazil.  

3.  With a change of status, she is aware that leaving the US would mean abandoning the COS.

4.  You can go to Brazil to marry her and it would take 12-24 months for her to go through the spousal visa in Brazil in order to immigrate to the US.

 

Here are the questions you need to find answers to;

 

1.  What visa did she enter on?

2.  Has she maintain her status on the visa she entered on?  How is she legal after 3 years as an au pair?

3.  When did she file for a change of status to F1?  And was she in status when she filed?  When does school start?

Is she pressuring you to marry her?  She knows that marrying a US citizen is the easiest way for her to stay in the US.

I'm from San Diego.  Lots of Brazilians who have overstayed their non-immigrant visas with full knowledge that marrying a US citizen is their easy way to get a green card.  

 

Best of luck to you.

 

 

 

 

Some of your questions have already been answered. I am sure you will see them. I just wanted to quote this with the below.

 

5 minutes ago, aaron2020 said:

Ok.  She's desperate to stay in the US and filed for Change of Status (COS) to tourist and F-1.  She is aware that leaving the US means abandoning her COS, and she will need another visa to come back to the US.

 

Do you love her enough to marry her and adjust her status for a green card?  Is she using you to get a green card?  

 

This and the above. OP's GF seem to know what she is doing/ the game. But having got good advise form VJ, OP should now be smarter than her. Where is she getting all this money to apply for different visas from? I wonder

 

Edited April 21, 2021 by Timona

[Crazy Cat 41,886]

17 minutes ago, CKnight said:

So, I just talked to her briefly. She came under the J-1 visa which was a work visa. She said it came with an "extension" but she said she is also applying for the tourist visa to cover the gap that she is waiting for the answer on getting her F-1 visa. But she said if she leaves now, she may or may not be able to come back into the U.S. I misunderstood the part about going to Brazil. She can go to Brazil, but may not be able to get back to the U.S. and has to reapply to get a visa. 

When did you meet this young lady, if I may ask?

[Timona 4,207]

54 minutes ago, Timona said:

Out of curiosity, ask her why she did not use her J-1 visa as she was supposed to. I hope she did not just land and go to Miami or Hollywood.

 

9 minutes ago, Lucky Cat said:

When and where did you meet this young lady, if I may ask?

 

Hopefully, OP can answer the above quetsions

 

Sorry @Lucky Cat I had to piggy-ride off your question

Edited April 21, 2021 by Timona

[CKnight 1]

10 minutes ago, Lucky Cat said:

When did you meet this young lady, if I may ask?

We met in June of last year. To all of the comments suggesting she is lying or using me to get a green card: She didn't come to the United States with intent to marry. Also, she isn't pressuring me to marry her. I recognize that there are many scams and bad intentions with marrying a foreigner, but in my case, I think this has do her perhaps not knowing all of the details. 

[Crazy Cat 41,886]

2 minutes ago, CKnight said:

We met in June of last year. To all of the comments suggesting she is lying or using me to get a green card: She didn't come to the United States with intent to marry. Also, she isn't pressuring me to marry her. I recognize that there are many scams and bad intentions with marrying a foreigner, but in my case, I think this has do her perhaps not knowing all of the details. 

None of us know her.  However, there are people who enter the US, then start visa shopping in desperation to stay.  Some even resort to marrying a US citizen solely for immigration purposes.  I am not saying she is doing that....but there have been cases.  Good Luck.  

Edited April 21, 2021 by Lucky Cat

[Timona 4,207]

7 minutes ago, CKnight said:

We met in June of last year. To all of the comments suggesting she is lying or using me to get a green card: She didn't come to the United States with intent to marry. Also, she isn't pressuring me to marry her. I recognize that there are many scams and bad intentions with marrying a foreigner, but in my case, I think this has do her perhaps not knowing all of the details. 

 

We understand. 

However, maybe talk to @Paula&Johnny. Just get some insider perspectives. 

Good luck

[JeanneAdil 6,510]

1 hour ago, CKnight said:

She is here legally as I said to another poster. 

Are you sure?

How long can an au pair stay in the United States? Au pairs initially come to the U.S. on a 12-month J-1 au pair visa and can extend for an additional 6, 9 or 12-months, allowing a family to benefit from up to two years of live-in childcare from the same au pair.

 

Not 3  years

 

you can check that on USCIS site 

Edited April 21, 2021 by JeanneAdil

[Crazy Cat 41,886]

1 minute ago, JeanneAdil said:

Are you sure?

How long can an au pair stay in the United States? Au pairs initially come to the U.S. on a 12-month J-1 au pair visa and can extend for an additional 6, 9 or 12-months, allowing a family to benefit from up to two years of live-in childcare from the same au pair.

 

Not 3  years

Yep.  There is a possibility that she is currently out of status, thus prompting the fear of leaving the US. 

[Nitas_man 3,100]

2 hours ago, CKnight said:

She is here legally in terms of being on the student visa. However, she is waiting for an answer on the visa, because she had to reapply for it, which means she is in limbo. I am going off of what she told me. But as I said in another post, I don't know that it makes sense to apply for a visa to enter your own country if you are already a citizen. 

Ya think?

 

What country issued her passport

[Nitas_man 3,100]

52 minutes ago, Nitas_man said:

Ya think?

 

What country issued her passport

Nevermind.

 

We married in Nita’s home country.  She stayed put until approval, about 8

months.

 

Nothing else to add here.  

Edited April 21, 2021 by Nitas_man