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Carol and Bruno

Overstayed tourist visa in Brazil

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Hi everyone,

I filed my I-129F in January 2008 and my NOA1 is dated 1/22/08. I am currently waiting for an approval. However, I would very much like to attend the interview with my fiance. The problem is: I overstayed my tourist visa by 8 months or so in 2006 & 2007 because I was living with my fiance. I'm afraid if I apply for a new visa at the Brazilian embassy in Chicago that I will be denied. I left Brazil without receiving an exit stamp, but it can easily be calculated that I overstayed by 8 months due to the entry stamp in Argentina.

Has anyone else had this problem, particularly in Brazil? If so, have you tried for another visa? I'm looking for any kind of advice or insight that I can get.

Thanks in advance.

Edited by Carol and Bruno

Our K-1 Timeline

01/12/08: Attorney mailed petition to CSC

01/22/08: NOA1

05/27/08: NOA2

06/03/08: NVC received

06/04/08: NVC forwarded to Rio de Janeiro consulate

06/09/08: Consulate received

06/23/08: Packet 3 sent

08/19/08: Interview!! (Approved!!)

08/27/08: Visa in hand

09/12/08: POE (Washington DC)

09/25/08: Applied for Social Security card

10/06/08: Social Security card received

11/12/08: Marriage!!

AOS Timeline

03/21/09: Mailed AOS docs to Chicago

03/23/09: AOS packet received in Chicago

03/31/09: NOA1

04/03/09: NOA1 Received (His Birthday!!)

04/17/09: Received notice that our case was transferred to CSC on 4/13/09

04/17/09: My case has been entered into the USCIS system!!

04/23/09: Biometrics appointment

05/11/09: AP approved

05/12/09: Case arrived at CSC for further processing

05/13/09: EAD approved

05/13/09: AOS Touched

05/14/09: AP received

05/15/09: EAD card received

06/25/09: Card production ordered

07/06/09: Approval notice sent

07/06/09: Card Received!!!

Removal of Conditions

03/23/11: Will mail I-751

Citizenship

03/23/12: Will mail N-400

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Filed: Citizen (pnd) Country: Brazil
Timeline

I lived in Brazil for 7 years, and had a work, then permanent visa. I have a very good friend who still lives in Brazil, we were in the same band in Brazil fro about 5 years. He travels home every year after overstaying for 5 to 7 months. He pays the fine at the airport on his exit and then when he gets home applies for a replacement passport. Visits for the holidays and returns to Brazil for another year. He has never had any problems.

Hope this helps.


IR-1 Visa, I-130

Consulate: Rio de Janeiro, Brazil

Marriage: 2002-02-02

DCF:

Interview: 2008-04-02

POE: 2008-04-11

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Filed: AOS (apr) Country: Brazil
Timeline
I lived in Brazil for 7 years, and had a work, then permanent visa. I have a very good friend who still lives in Brazil, we were in the same band in Brazil fro about 5 years. He travels home every year after overstaying for 5 to 7 months. He pays the fine at the airport on his exit and then when he gets home applies for a replacement passport. Visits for the holidays and returns to Brazil for another year. He has never had any problems.

Hope this helps.

You can apply for a Brazilian passport while in the U.S.? My fiancee told me she has to go in person for it...


12-14-07 Sent K-1 petition

12-17-07 Received NOA1

01-06-08 Got engaged!!!

02-21-08 NOA2 Approved

02-27-08 NVC processed petition

02-28-08 Received NOA2 in mail

03-03-08 Consulate in Rio de Janeiro received petition

03-21-08 Received packet for interview

04-22-08 Visa Interview and Visa APPROVED!

05-06-08 Visa received in mail

07-28-08 Wedding Date (Reception was 26th, but forgot to reigster for MC...oops)

10-04-08 Applied for AOS (EAD and AP also)

10-09-08 NOA1 for I-485

10-27-08 I-485 transferred to CSC

11-04-08 I-485 Biometrics appointment

11-13-08 NOA1 for EAD

12-09-08 EAD Biometrics appointment

01-08-09 AP Approved

01-13-09 AP Received

Cost of 3 roundtrip tickets to Brazil in last 3 years...... $2,900+

Cost of filing petitions for K-1 visa & AOS.................... $1,465+

Cost of monthly calling cards to Brazil........................$20

Cost of marrying the woman of my dreams.... PRICELESS

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I lived in Brazil for 7 years, and had a work, then permanent visa. I have a very good friend who still lives in Brazil, we were in the same band in Brazil fro about 5 years. He travels home every year after overstaying for 5 to 7 months. He pays the fine at the airport on his exit and then when he gets home applies for a replacement passport. Visits for the holidays and returns to Brazil for another year. He has never had any problems.

Hope this helps.

He applies for a new passport each time? I've thought of this option, but thought that the consulate in Chicago would know how long I stayed in Brazil. I might just give it a try.

Thanks

Edited by Carol and Bruno

Our K-1 Timeline

01/12/08: Attorney mailed petition to CSC

01/22/08: NOA1

05/27/08: NOA2

06/03/08: NVC received

06/04/08: NVC forwarded to Rio de Janeiro consulate

06/09/08: Consulate received

06/23/08: Packet 3 sent

08/19/08: Interview!! (Approved!!)

08/27/08: Visa in hand

09/12/08: POE (Washington DC)

09/25/08: Applied for Social Security card

10/06/08: Social Security card received

11/12/08: Marriage!!

AOS Timeline

03/21/09: Mailed AOS docs to Chicago

03/23/09: AOS packet received in Chicago

03/31/09: NOA1

04/03/09: NOA1 Received (His Birthday!!)

04/17/09: Received notice that our case was transferred to CSC on 4/13/09

04/17/09: My case has been entered into the USCIS system!!

04/23/09: Biometrics appointment

05/11/09: AP approved

05/12/09: Case arrived at CSC for further processing

05/13/09: EAD approved

05/13/09: AOS Touched

05/14/09: AP received

05/15/09: EAD card received

06/25/09: Card production ordered

07/06/09: Approval notice sent

07/06/09: Card Received!!!

Removal of Conditions

03/23/11: Will mail I-751

Citizenship

03/23/12: Will mail N-400

.png

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Filed: Citizen (apr) Country: Brazil
Timeline
I lived in Brazil for 7 years, and had a work, then permanent visa. I have a very good friend who still lives in Brazil, we were in the same band in Brazil fro about 5 years. He travels home every year after overstaying for 5 to 7 months. He pays the fine at the airport on his exit and then when he gets home applies for a replacement passport. Visits for the holidays and returns to Brazil for another year. He has never had any problems.

Hope this helps.

He applies for a new passport each time? I've thought of this option, but thought that the consulate in Chicago would know how long I stayed in Brazil. I might just give it a try.

Thanks

I also know someone who overstayed her visa in Brazil and has been back a couple times since...I think she paid a small fine and that was it.

Good luck.


11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

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Filed: Citizen (pnd) Country: Brazil
Timeline

Answer to questions:

1. Yes a Brazilian can get a new passport in the US. You need to find out if the consulate is near by or if they visit your area. If they visit your area to support you Brazilian immigrant community then you do not have to travel to the consulate and they can help get a new passport. Many Brazilians foolishly think they can "lose" their passport and claim to have entered more recently than they did. The US Immigration, however, if fully automated and they know when you entered and control it by visa. I overheard this conversation about 3 different times while at the Brazilian consulate in Boston. So the consulate will issue a new passport.

2. My friend that lives in Brazil is American and travels to the US for the holidays and gets a new passport.

3. Brazil is still in the dark ages, they have no interconnected computer system with the Federal Police and the Consulates. The do not do any name checks or anything. They check to see if your money is real or not and then issue the visa. I would not worry about it, get a new passport and go get a new visa, play dumb and you are ready to travel. A tourist visa requires a couple of pictures, round trip ticket and address for contact in Brazil.

4. If you overstay again just pay the fine about 1000 reais for a full year stay in Brazil and then repeat the process.

Edited by mateo

IR-1 Visa, I-130

Consulate: Rio de Janeiro, Brazil

Marriage: 2002-02-02

DCF:

Interview: 2008-04-02

POE: 2008-04-11

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