Possible issue with K-1 Visa

S

sunshine01

New Member
I am in the process of researching for a K-1 Visa for my boyfriend who is currently in Brazil. I am making plans to visit him in Brazil as it's been almost two years since we've seen each other face to face.
We originally met here in Georgia during his first stay in the US. He initially came in on a tourist visa and got married to a girl he met. When I met him, they were in the process of divorce and he was intending on leaving. Eventually I had to dump him to make him go back, even though we still loved each other very much. This does not change the fact that he overstayed his tourist visa.
We eventually got back together and he's there in Brazil working hard, but I want him here with me. I was researching the K-1 Visa and I am able to meet all of the qualifications, even the affidavit of support. But all of this does not change the fact that he overstayed his visa.
At this point, does it even make any sense for me to apply? We cannot lie to the government about this. Even if I wanted to, they would find out anyway.
Right now I am just crazy over this because we both want this very much.
Is there anything special we need to file or do during this process, such as a waiver, to help the situation? :confused:

Someone help!
 
I just did some research and was able to determine that he would get denied because of his overstay. 3 or 10 years depending on how long he overstayed. While he was married, and she kept promising him to file, was this a period of "tolling"? Could he be considered as "tolling" from the time his tourist visa expired until he divorced? This may have an affect on how long his ban is...3 years is better than 10 as he has been in Brazil for 2 years already.
Please advise!
 
The waiver stage, if it gets to that, will come when the consulate needs to adjudicate his case. So you can continue down the K-1 path and prepare yourself for a waiver.

sunshine01 said:
Is there anything special we need to file or do during this process, such as a waiver, to help the situation? :confused:
Click to expand...
 
Unfortunately, when he married that girl - they did NOT file his papers for Adjustment Of Status (AOS), in other words he did not turn his status from a tourist to a person married to a U.S. citizen. Thus, in the eyes of USCIS, from immigration law point of view, at the moment of departure from the USA, he was a tourist who overstayed his visa.
You still can apply for K-1. But most likely your fiancee will be rejected a K-1 visa during his interview in Brazil on the basis of his visa overstay. However, after the K-1 visa denial, he may apply for a waiver (Form I-601) - this is the link http://www.uscis.gov/portal/site/us...toid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD If the waiver is granted, he will be eligible for K-1 visa. If the waiver is denied, he can either appeal the decision or wait till his 3 or 10 year ban is finished (and you may want to come to Brazil and live with him there while waiting)...Good luck!
 
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