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Neytiri

Grace Period, Denied Visa and K-1 visa

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Hello everyone.
I am Brazilian and lived in NY from 2008 to 2013 (had a J-1 visa and then a P-1 visa because im a professional athlete).
My P-1 visa expired on April 2013 but, since I was in the middle of the competitive season, my former attorney told me I had a 180 days Grace period and I could stay in USA, since I didnt pass that period, without any problems. I finished the season and came back to Brazil on September 2013.
Left my boyfriend, who is an American, in USA and, in March of 2014 I applied to a tourist visa, intending to go back to USA and marry him. The consul who interviewed me said he couldnt give me an answer about my visa right away and my case would be looked into for more considerations. ONE YEAR later, in March 2014, consulate tells me my visa was denied because I overstayed 10 days after my grace period was due. I told them I didnt, since my P-1 expired on April and, that being so, I could stay until October. They told me then that the Grace Period starts to be considered from the petition approval date, which was March 2013 and, if that is true, the grace period was due on September 2013, so they denied my visa and SUSPENDED me from applying to a new one for 3 years from the date I left USA (September 2013).
Now my boyfriend and I still want to get married and we plan on applying for a K-1 visa. We spoke to an attorney in NY and she said I cant do the K-1 because of the situation i just explained and that he should come to Brazil, marry me here then we apply for a waiver (5k dollars) and then a Green Card (3k dollars).
A second attorney we spoke to said we can apply for the K-1 and he charges 6.5K dollars for the whole process (i believe green card process included).

Does anyone have any input or advice?
Which attorney is right? Are those prices good or too high?
Im kinda discouraged...I love my boyfriend but this whole thing get us upset....we want to solve this situation the right way.

Thanks everyone in advance for any help.

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You can certain ly apply for a K1.

Never heard of a 180 day grace period.

3 year ban suggests they considered you overstayed long enough to hit the ban.

Assuming that is the case then as the ban expires next year anyway may be easier just waiting it out, delay any interview until is has expired.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Why not just get married in Brazil and apply for a CR1? The whole process takes about a year, so your ban should be lifted. You can take your time and do it yourself. Total cost for visa is $865 plus cost of medical, translations, police certificates, etc. Then you have $165 fee to get your green card generated.

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*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is considering her options. ***


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!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

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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I agree with the other, it would be easier to go the CR1 route. And you're not supposed to get married on a tourist visa anyway so maybe it was a good thing it got denied since you clearly had the intent to marry on a tourist visa and that's not what it's for.






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Thanks everyone!
I dont know much about the laws and the attorneys cost a lot...I just found this forum and I appreciate all the help.
My boyfriend is planning on visiting me soon so we may do the marriage. Does he have to stay to do some interview in Brazil or after the marriage we can just keep the process going even if he is in USA? its hard for him to travel here because of his job. :(
The attorneys are charging between 6.5k and 8k tod o the process but if we can solve ourselves, that would help us a very much. We want to solve it the fastest way possible...its been a long time apart and we miss each other.

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No need for him to stay.

The fastest option would be for him to be the one that moves.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hello guys!
An attorney told me that, if the consul told me I was banned, not even a waiver can help me and I will have to wait til september 2016 to get this done. I can start organizing everything but the visa will only work after september 2016.
Another attorney said I counted the grace period right (from the visa expieration date) and what the consul said (the grace period counts from the petition approval expiration date) is wrong. Idk if i believe that...i believe the consul more than attorneys (my attorney told me i was ok counting from the visa expiration dta and lok what happened lol).
I have spoke to some girls who did the K-1 by themselves and everything went hru right...idk in my case how it would be but, if i can save 8K that would help me a lot, thats why i am researching (dollar is costing 3.5 reais each....which means I would spend in reais over the amount of a car on the visa process only).
If i cant really apply for any visa until next year, no reason for me to rush. Does anyone know if this information is right?

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The Consulate call is the one that matters.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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My P-1 visa expired on April 2013 but, since I was in the middle of the competitive season, my former attorney told me I had a 180 days Grace period and I could stay in USA, since I didnt pass that period, without any problems. I finished the season and came back to Brazil on September 2013.

First of all, a US visa is only for entry; the visa expiration date is just the last day you can use it to enter. The visa expiration date is completely irrelevant to this discussion.

There is no such thing as a "grace period". P-1 are admitted until a specific date on their I-94. Whatever that date is, is how long you can stay. This date is important (do you know what this date was? was it in March 2013? or something else?).

If you need to stay longer for your competition, your employer should have filed for an extension of stay before your I-94 expired. If you stay after your I-94 expires, without filing anything, then you are unlawfully present and deportable.

Whatever this "attorney" told you totally doesn't make any sense (it's like saying you enter the US with a tourist visa, they give you 6 months, you stay through the 6 months, and someone tells you you have a "180 day grace period" after that 6 months is over; that's complete BS).

If you accumulate more than 180 days of unlawful presence and then leave the US, you have a 3 year ban. What was the reason of denial you were given when you applied for a visa? If it was INA 212(a)(9)(B)(i)(I), then that means it was because you have a 3-year unlawful presence ban, and it will prevent you from getting any visa, including fiance visa or immigrant visa. If it was INA 214(b), then that's just a generic immigrant intent denial, which will not prevent you from getting a fiance visa or immigrant visa.

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Do you have access to your I94? What was the departure date listed there?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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