Could this be denied? Anyone went through something like this?

[Rena 0]

Hey everyone!

I was wondering if anyone can give me some advice on my case.

I am from Brazil, arrived in US on january 16th 2005 on a VWP (italian passport), I ended up marrying my husband on april 14th 2005. I was adviced by an office that the only way I could stay in the country is getting married, I went there to see what my options were being on a VWP. So we decided to get married. We planned to do that later on but since I would have to go back to Brazil we did at that time.

Then we started looking for the paperwork we had to fill up. We sent it, got it returned because it was the wrong address, sent again, got returned because there was something wrong with the checks. There was always something wrong going on. In november we ended up sending again, thinking that it was right this time. We had also asked for a Travel Document, because I wanted to go to Brazil in december to spend christmas with my family. I did so. Then, I got back in US on february 3rd, again on a VWP, and found out our papers were returned again!

So that time I stayed from mid april to december 3rd, was I considered illegal? If yes I don't understand how I could get back in february with no problems. I told the officer at the airport that I was there to see my husband and that we were on the process of getting a green card. All he asked was if I had a return ticket and I said yes, and then he let me go.

In february, we mailed the forms again, and this time they got them, I got my fingerprints done in march. But, in may I ended up having to come to Brazil again, due to an emergency surgery in my brain, I did not have insurance in US yet. We went in person at the Des Moines office in Iowa, and asked for an advanced parole, and they did not want to give it to me, even though I had my doctor's letter with translation, translations of catscans etc. She also said that since I got in with a VWP it could be considered visa fraud. I couldn't wait any longer or I could suffer severe consequences in my brain. She said I could go anytime, but then had to apply for a K-3 visa.

Right now I am in Brazil still, talked to a lawyer, and she suggested to cancel the process and start again with a K-3.

I am very worried that if we apply for a K-3, it will be denied because I overstayed in 2005. But the how did they let me in again on VWP in 2006?!?!

I also got an update on my I765 form, it has been approved. But in the form (my hubby's dad helped fill them up, he's an attorney but not immigration), he put status of applicant: visitor, then type of visa: K3, because thats what he thought I had :\ How did they approve that form?

Another thing that might be important, when they asked us for more evidence, hubby had to send birth certificate, and I had to send proof of entry in the country, I sent a copy of the I94W.

I am so very confused, any help would be appreciated

~Rena

[YuAndDan 153]

Someone gave you some bad advise. The steps for marriage and AOS on a visitors visa are very tricky.

USCIS will be especially suspicious if you get married within two months of entering the USA. Sometimes the USCIS will turn a blind eye, or you may be able to convince them that when you entered the U.S. on a temporary visa you did not plan to marry, and only decided to marry after you arrived. If the USCIS is unconvinced you can ask them to forgive your error, but obtaining such forgiveness (in legalese, a "waiver") is not easy.

I would seek advice from an immigration attorney at this point.

The US government can and has deported people in your situation and bared them from applying for the correct immigration visa for up to 10 years.

Again my advise to you is to seek professional advise from an attorney.

[aussiewench 9]

Rena

Much too complicated for anyone outside of an immigration lawyer to offer you any advice or insight. Your lawyer has given you the option of a K-3 as this or a CR-1 visa are the only ways now for you to enter the US to remain legally. Be guided by your lawyer as she should be privvy to all the relevant information and documents pertaining to your case.

Someone gave you some bad advise. The steps for marriage and AOS on a visitors visa are very tricky.

USCIS will be especially suspicious if you get married within two months of entering the USA. Sometimes the USCIS will turn a blind eye, or you may be able to convince them that when you entered the U.S. on a temporary visa you did not plan to marry, and only decided to marry after you arrived. If the USCIS is unconvinced you can ask them to forgive your error, but obtaining such forgiveness (in legalese, a "waiver") is not easy.

I would seek advice from an immigration attorney at this point.

The US government can and has deported people in your situation and bared them from applying for the correct immigration visa for up to 10 years.

Again my advise to you is to seek professional advise from an attorney.

The two month timespan is bandied around quite a bit, but there is no facts to support such. Adjusting status in the US through marriage to a USC after entering on a visitors visa or VWP is a lot more common then people think. Entering the US on visitors visa or VWP to marry is not illegal and many of us have done that, including myself.

It is also perfectly legal to apply to adjust status after marriage to a USC if one is otherwise eligible. If one has lied at POE it may very well show that there was immigrant intent, but otherwise if one is granted entry and/or inspectied and is otherwise eligible they can adjust status........Not tricky, but is dependent on circumstances.

Why would the OP be deported when she is already out of the US?

I agree, the OP should be guided by a competent immigration lawyer.

[meauxna 15]

Rena, you are stuck in an application you can not fulfill. I agree that you will need a US immigration attorney to help you sort it out.

I'm really sorry about your health scare, and hope you are OK.

You will now need some sort of immigrant visa (or its friend, the K-3) to come back to the US. I don't think you should try to come back on a visa waiver until you get more assurances about what happened in the past.

This really is beyond the scope of discussion here and I hope the only advice you'll take is: see a lawyer.

Good luck!

[dmartmar 1]

I was adviced by an office that the only way I could stay in the country was by getting married. I went there to see what my options were, while being on a VWP. So, we decided to get married.

I thought people got married to stay beside their spouse, REGARDLESS of the country.

It seems as if you went into the office asking "how can I be able to stay in the country?" How messed up, a marriage of convenience.

[Rena 0]

I was adviced by an office that the only way I could stay in the country was by getting married. I went there to see what my options were, while being on a VWP. So, we decided to get married.

I thought people got married to stay beside their spouse, REGARDLESS of the country.

It seems as if you went into the office asking "how can I be able to stay in the country?" How messed up, a marriage of convenience.

I guarantee everyone this is not a marriage of convenience, I deeply love my husband, we just didnt want to get married so early. If Brazil was a better country, I would get him down here. Learn the facts before taking your own conclusions.

[Rena 0]

And thanks to you guys that replied, I am still looking to find a good immigration lawyer here in Brazil, so is my husband in US.

[dmartmar 1]

If Brazil was a better country, I would get him down here.

There you go! You just proved my point right.

Edited September 3, 2006 by dmartmar

[Yodrak 7]

Rena,

You've spoken with an immigration attorney, if you've got questions about the advice she offered then speak with her again and keep asking questions until you understand what she is advising and why.

Based on your success rate with getting forms accepted for processing you might want to have an attorney take over the task of submitting your forms for you.

Yodrak

Hey everyone!

I was wondering if anyone can give me some advice on my case.

I am from Brazil, arrived in US on january 16th 2005 on a VWP (italian passport), I ended up marrying my husband on april 14th 2005. I was adviced by an office that the only way I could stay in the country is getting married, I went there to see what my options were being on a VWP. So we decided to get married. We planned to do that later on but since I would have to go back to Brazil we did at that time.

Then we started looking for the paperwork we had to fill up. We sent it, got it returned because it was the wrong address, sent again, got returned because there was something wrong with the checks. There was always something wrong going on. In november we ended up sending again, thinking that it was right this time. We had also asked for a Travel Document, because I wanted to go to Brazil in december to spend christmas with my family. I did so. Then, I got back in US on february 3rd, again on a VWP, and found out our papers were returned again!

So that time I stayed from mid april to december 3rd, was I considered illegal? If yes I don't understand how I could get back in february with no problems. I told the officer at the airport that I was there to see my husband and that we were on the process of getting a green card. All he asked was if I had a return ticket and I said yes, and then he let me go.

In february, we mailed the forms again, and this time they got them, I got my fingerprints done in march. But, in may I ended up having to come to Brazil again, due to an emergency surgery in my brain, I did not have insurance in US yet. We went in person at the Des Moines office in Iowa, and asked for an advanced parole, and they did not want to give it to me, even though I had my doctor's letter with translation, translations of catscans etc. She also said that since I got in with a VWP it could be considered visa fraud. I couldn't wait any longer or I could suffer severe consequences in my brain. She said I could go anytime, but then had to apply for a K-3 visa.

Right now I am in Brazil still, talked to a lawyer, and she suggested to cancel the process and start again with a K-3.

I am very worried that if we apply for a K-3, it will be denied because I overstayed in 2005. But the how did they let me in again on VWP in 2006?!?!

I also got an update on my I765 form, it has been approved. But in the form (my hubby's dad helped fill them up, he's an attorney but not immigration), he put status of applicant: visitor, then type of visa: K3, because thats what he thought I had :\ How did they approve that form?

Another thing that might be important, when they asked us for more evidence, hubby had to send birth certificate, and I had to send proof of entry in the country, I sent a copy of the I94W.

I am so very confused, any help would be appreciated

~Rena