Dani needs assistece with reentry!

C

csantos

Registered Users (C)
Helo,

I will try to explain this on the best way i can, and see what can you assist us with ok?

My friend got married with her fiancee from Brazil, and they sent their AOS package back in november, just feb 15th the checks where cashed, but no AP or biometrics yet....

Last week his father had a heart attack in Brazil, so he had to fly right away, and he flew without AP, since it has not arrived yet...

now, he took care of his father, and took care of the situation down in Brazil, and he went to aply to get another B-1 visa... so he could come back! but they said no, that a b visa is not good for him once he is married already!

what can he do, so he can come back to his wife... she is pregnant, and needs his help!!!
 
Why did he leave without AP? One has to think carefully before making decisions like this. My mother died recently , but luckily I was able to attend since my interview was scheduled during that same month. I just had it changed not without lots of hassle :eek: . I was given an RFE on the day, but after much persistence and receiving the documents needed from my boss through fax the IO relented. My family in my country insisted I not attend the funeral without approval, they said my mother would understand.
 
csantos said:
what would be the consular processing?
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US consulate in his country since he won't be allowed back in the U.S. Didn't your friend get a lawyer's advice before deciding to go back to Brazil without papers? I understand why he wanted to attend his father's funeral, yet I can also understand not attending. Yes it sounds selfish but he should have thought of his life after the funeral before hand :(
 
csantos said:
what would be the consular processing?
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More
CONSULAR PROCESSING

How does one apply to consular process?



USCIS forwards the approved immigrant petition to the National Visa Center (NVC), which is part of the State Department. When an immigrant visa number becomes available, the NVC will send a barcode sheet to the applicant, which must then be returned to the NVC with the appropriate fees (one check or money order per family member). Once payment has been received, the NVC will send form DS-230 Part I to the applicant for completion. Once that form has been returned to the NVC, the NVC will send form DS-230 Part II along with a list of documents that should be brought to the consular appointment.



Are any other forms required?



Applicants will have to submit an Affidavit of Support (Form I-864) along with their complete federal tax returns.



Where do I send the forms?



The address for the NVC is:



National Visa Center

32 Rochester Avenue

Portsmouth, New Hampshire 03801-2909



All correspondence with the NVC for a particular case should include the applicant’s case number in the upper right hand corner.



After the paperwork and interview are completed, what is the next step?

If the application is approved, the person will be issued an immigrant visa, which is good for only six months. If the person does not enter the US within that period of time, the visa will expire and the opportunity to immigrate will be lost.

If the application is denied, the principle consular officer at the post reviews it. If the officer desires, he can get a second opinion from the State Department. However, if, after this point, the denial is upheld, there is no appeal available to the applicant.

http://www.visalaw.com/04jun2/2jun204.html
 
If there was an emergency and he applied for AP, the procedure is to go with the AP receipt and the I-485 receipts to the USCIS field office in their area and ask for an emergency AP of course they should send proof of it...like if the family fax a note from the hospital or the doctor.
 
Maybe he could get a K-3 spouse visa? Probably quicker and cheaper to go with CP now. Likely to be 8-9 months processing time.
 
They can not do CP as she is not a resident of Brazil(6 months in Brazil). They can do K-3.
 
envision said:
I understand why he wanted to attend his father's funeral, yet I can also understand not attending. Yes it sounds selfish but he should have thought of his life after the funeral before hand :(
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Don't remember the OP saying any thing about his friends father passing away.
 
sk28 said:
They can not do CP as she is not a resident of Brazil(6 months in Brazil). They can do K-3.
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of course, they can do CP. You probably mean Direct Consular filing, which does NOT equal consular processing....
 
People, i actually got a call from my friend and he was able to get a B visa today, so he should be back by friday.

question is, he has his bio apptment rescheduled for the 11 of march, is there anyway that he could request an emergency AP once he gets here since he will need to go back since he was the only son, he needs to sell the car, and deal with legal stuff from his dad...

would that be a way so he would be able to request a emergency AP?
 
csantos said:
question is, he has his bio apptment rescheduled for the 11 of march, is there anyway that he could request an emergency AP once he gets here
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I believe he no longer qualifies for AP, since the I-485 would be considered abandoned. If leaving the US without AP didn't do it, the B visa certainly did.

And please tell me that the consular officer was aware of the I-130 and I-485 when the B visa was granted.
 
Even if a B visa was granted, I wouldn't use it if I knew I'd enter to apply for AOS. Of course there's the 30-60-90 day rule but in my opinion he'll have a hard time proving he had nonimmigrant intent when he enters, just having applied for AOS 4 months ago, and then applies for AOS again.

If he needs to spend time in Brazil anyway to take care of the situation, why not apply through CP instead? It would allow him to spend time in Brazil and he can get his GC without hiding his immigrant intent.
 
i dont know if they knew it... because i though he had to go trough cnsular procedings, well some how he got the visa...

he still has the fingerprint dates rescheduled for march the 11th, should he bother with that?
 
csantos said:
i dont know if they knew it... because i though he had to go trough cnsular procedings, well some how he got the visa...

he still has the fingerprint dates rescheduled for march the 11th, should he bother with that?
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He is walking a very dangerous road... bordering in fraud and being banned from the USA...

He can not enter the USA with a visitor visa to apply for AOS.
 
well i i can do is print this conversation out and let him know, cuz, definately he should not come then!!!

USCIS has been so good to him in his past visa requests and such... so he shalll not mess this up!
 
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