212 (a) (7) (A) (i) (l) and 212 (a) (9) (B)(i) (l)

[canadian_wife 1,791]

Any immigrant visa you apply for will be denied at your interview if you file before your 3 years are up. You will then file the I-601 and to have that approved you will have to put together a hardship package outlining the difficulty he will have without you there. These generally include medical reasons (depression doesn't count apparently), financial reasons etc. He must also show why he cannot move to your country.

So either way you are looking at a lengthy wait. Our case is pretty striaght forward and we're looking at a year.

K3, in my opinion, is a dead visa. I would not waste your money on a K3. File a I-130 and go for the CR-1.

Good luck

[emt103c 10]

Ditto about the k3. . .doesn't really help. If you want to get married sooner just file the I-130 after the wedding and do the CR1 as canadianwife said.

Check out www.i2us.net for information about the I-601 waiver. . .that is where the best information is.

[mrspimpinha 0]

""Have your boyfriend file the K-1 visa. This will be denied because of your ban and you will file the I-601 waiver. Your boyfriend will have to show extreme hardship will befall him if you do not come to the US. ""

is it going to be denied? He will send the papers and the check. It will be checked and the k1 visa will be denied, then we fill the i-601 waiver and he will show extreme hardship and then the papers would be send to brazil and i will need to go to another interview and I have chances to be denied too?

How can he show extreme hardship??

Thanks so much for all your help. I have sent him the first documets and he will be sending it to California as soon as it get there. Its always good to know what normally happens, I am trying to get ready for the long wait

Thank you guys!

[emt103c 10]

Check out the website I linked to above. There is a ton of information there. Waivers are their specialty.

[canadian_wife 1,791]

Yes, your K-1 will be denied. You will then file the waiver.

If your waiver is approved then your K-1 will likely be approved too.

Extreme hardship is difficult to prove. He has to prove that you MUST move to the United States and he cannot move to Brazil under any circumstances. Medical reasons can be extreme, as in he needs you to care for him if he is ill. Income, although weak, can be used as in he NEEDS your income to survive otherwise he will be homeless. Check out the site www.immigrate2us.net. They will help you with the waiver.

You have an uphill battle. Good luck.