Brazilian fiancé out of status

[-B&T- 1]

Hi all,

I'm posting this for my friend Rowena. She met a Brazilian guy online about 2 years ago and they fell in love with each other and want to start the K1 process which requires him to meet Rowena personally but the problem is he is afraid of traveling outside US because he is out of status and might not be able to return here in US or worse, get deported back to Brazil and his entire family is in the United States. He came here legally when he was 13 years old petitioned by his USC parents but the parents 'forgot' to adjust his Status and now he is already 29 years old. He files taxes ever year that's what Rowena told me (I don't know how he's able to do it being an overstayed alien) I feel sad for them and wants to help them that's why I'm posting this cuz I know I could gather some advices from you and from those people who used to be in same situation before. Is it possible for him to adjust his status on his own? If yes, what Forms that he needs to submit? If he will hire a lawyer is it going to work and how long is the process?

Thank you so much guys in advance for any help.

[rsn 135]

Hi all,

I'm posting this for my friend Rowena. She met a Brazilian guy online about 2 years ago and they fell in love with each other and want to start the K1 process which requires him to meet Rowena personally but the problem is he is afraid of traveling outside US because he is out of status and might not be able to return here in US or worse, get deported back to Brazil and his entire family is in the United States. He came here legally when he was 13 years old petitioned by his USC parents but the parents 'forgot' to adjust his Status and now he is already 29 years old. He files taxes ever year that's what Rowena told me (I don't know how he's able to do it being an overstayed alien) I feel sad for them and wants to help them that's why I'm posting this cuz I know I could gather some advices from you and from those people who used to be in same situation before. Is it possible for him to adjust his status on his own? If yes, what Forms that he needs to submit? If he will hire a lawyer is it going to work and how long is the process?

Thank you so much guys in advance for any help.

If your friend is not a USC he cannot petition for his fiancee anyway.

[brlukath 1]

Assuming your friend is the USC and the guy from Brazil is currently here and doesn't want to return. In this case, the K-1 is not applicable. It is a visa to get in the USA. (Except in VERY limited circumstances) You can't get a visa if you are already here. Since he is out of status--but did not enter illegally--the best bet would be to marry and then begin the process of regularizing. This is not something that should be done without a lawyer.

[JimVaPhuong 4,863]

Hi all,

I'm posting this for my friend Rowena. She met a Brazilian guy online about 2 years ago and they fell in love with each other and want to start the K1 process which requires him to meet Rowena personally but the problem is he is afraid of traveling outside US because he is out of status and might not be able to return here in US or worse, get deported back to Brazil and his entire family is in the United States. He came here legally when he was 13 years old petitioned by his USC parents but the parents 'forgot' to adjust his Status and now he is already 29 years old. He files taxes ever year that's what Rowena told me (I don't know how he's able to do it being an overstayed alien) I feel sad for them and wants to help them that's why I'm posting this cuz I know I could gather some advices from you and from those people who used to be in same situation before. Is it possible for him to adjust his status on his own? If yes, what Forms that he needs to submit? If he will hire a lawyer is it going to work and how long is the process?

Thank you so much guys in advance for any help.

Rowena is out of luck. Her fiance has been out accumulating overstay time for 11 years. He could have gotten a Social Security number when he was still here legally. If he's had the same job for a while then it's possible his employer never verified his legal status, or he's working illegally (a lot of people do it). The IRS doesn't usually follow up on that stuff when you file your tax return.

Anyway, he's looking at a 10 year ban if he leaves the US. As rsn said, he couldn't submit a K1 petition even if he wasn't out of status. A K1 petition can only be submitted by a US citizen. If he wasn't out of status then he could marry her and petition for an F2A visa, which would take about 4 years for a Filipina. Since he's out of status, it's going to be a very long time before he'll be petitioning for anyone.

How does Rowena feel about living in Brazil?

Assuming your friend is the USC and the guy from Brazil is currently here and doesn't want to return. In this case, the K-1 is not applicable. It is a visa to get in the USA. (Except in VERY limited circumstances) You can't get a visa if you are already here. Since he is out of status--but did not enter illegally--the best bet would be to marry and then begin the process of regularizing. This is not something that should be done without a lawyer.

I don't think that's the case. If they were both in the US then there would be no need to leave the US in order for them to meet and satisfy the 2 year meeting requirement.

[Chica Yeyé 41]

Please give mroe details. Who is the USC in this case? From what you wrote, neither is. Case in which, they have no grounds for a fiancee visa.

[-B&T- 1]

Hi,

Sorry for the confusion. Rowena is a Filipina (24 years old) and currently living in Philippines and her fiancé is a Brazilian (29 years old) living in Boston, MA. He immigrated here in US legally when he was 13 years old, his parents were both US Citizens but he is not cuz his parents 'forgot 'to file his AOS with USCIS .I understands that only USC can file for k1 and their option would be to file spousal visa if he can travel to Philippines and marry her but he is afraid to leave US because of his immigration status he is an overstayed alien.

Question:

Since the Brazilian guys parents are both US Citizens, and it's their fault why their son is out of status, can they file a petition for him to make him legal? He is already 29 years old.

[Chica Yeyé 41]

Your friend is:

1. Out of status - and subject to deportation.

2. Has accrued illegal presence for more than 11 years. Once he turned 18, it was his responsibility to set things straight. Otherwise, he faces a long, long ban.

3. He cannot petition for his fiancee since he is not a USC.

If he leaves the country, he will not be allowed back in most likely. His best bet is to contact the best possible immigration attorney.

Edited October 5, 2009 by *Len*

[rin and john 71]

Hi all,

I'm posting this for my friend Rowena. She met a Brazilian guy online about 2 years ago and they fell in love with each other and want to start the K1 process which requires him to meet Rowena personally but the problem is he is afraid of traveling outside US because he is out of status and might not be able to return here in US or worse, get deported back to Brazil and his entire family is in the United States. He came here legally when he was 13 years old petitioned by his USC parents but the parents 'forgot' to adjust his Status and now he is already 29 years old. He files taxes ever year that's what Rowena told me (I don't know how he's able to do it being an overstayed alien) I feel sad for them and wants to help them that's why I'm posting this cuz I know I could gather some advices from you and from those people who used to be in same situation before. Is it possible for him to adjust his status on his own? If yes, what Forms that he needs to submit? If he will hire a lawyer is it going to work and how long is the process?

Thank you so much guys in advance for any help.

So, if I understand correctly, Rowena is not in the USA, is not a USC or LPR, and has never met Brazilian dude face to face?

I think Brazilian dude needs to figure out his immigration issues before he even considers starting a relationship.

You said his "USC Parents" failed to submit his paperwork for AOS. More info is needed. Was he adopted by USC parents? Did he come on a family based petition? Did his parents become USC before or after his 18th birthday? If his parents became USC before his 18th birthday, then he is most likely a USC (whether he knows it or not).

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Brazilian dude needs to consult with an immigration attorney regarding his legal status in the USA.

[-B&T- 1]

So, if I understand correctly, Rowena is not in the USA, is not a USC or LPR, and has never met Brazilian dude face to face?

-Yes Rowena is in Philippines and they haven't met yet in person.

I think Brazilian dude needs to figure out his immigration issues before he even considers starting a relationship. -Your right...

You said his "USC Parents" failed to submit his paperwork for AOS. More info is needed. Was he adopted by USC parents? Did he come on a family based petition? Did his parents become USC before or after his 18th birthday? If his parents became USC before his 18th birthday, then he is most likely a USC (whether he knows it or not).-He came to the United States through a family based petition and yes, it's his biological parents. I don't know if the parents became Citizens before he turned 18 and you are right he could be a USC and not knowing it. I still have to get more info's from Rowena though when we chat later on YM.

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD-Thanks so much for the link.

Brazilian dude needs to consult with an immigration attorney regarding his legal status in the USA.-I will definitely tell them to hire a good immigration lawyer. Thanks a lot!

[-B&T- 1]

Your friend is:

1. Out of status - and subject to deportation.

2. Has accrued illegal presence for more than 11 years. Once he turned 18, it was his responsibility to set things straight. Otherwise, he faces a long, long ban.

3. He cannot petition for his fiancee since he is not a USC.

If he leaves the country, he will not be allowed back in most likely. His best bet is to contact the best possible immigration attorney.

Thank you so much *Len* for the reply. So parents can't do anything for him anymore to become LPR. I really feel sad for them...

Thanks again.

[belinda63 2,981]

At this point in time he has no position to petition anything for anyone. He is currently in the United States illegally and cannot ask to bring someone else here. Just his filing will send red flares a flashing since he has no status to be here.

First and foremost as said previously he needs to establish himself in the US legally.

[Rhiannercakes 14]

Let me also add that since they have never met face to face in person, they do not meet one of the requirements for the K-1 Visa. That they must have met the person within the last 2 years.

[JimVaPhuong 4,863]

Hi all,

I'm posting this for my friend Rowena. She met a Brazilian guy online about 2 years ago and they fell in love with each other and want to start the K1 process which requires him to meet Rowena personally but the problem is he is afraid of traveling outside US because he is out of status and might not be able to return here in US or worse, get deported back to Brazil and his entire family is in the United States. He came here legally when he was 13 years old petitioned by his USC parents but the parents 'forgot' to adjust his Status and now he is already 29 years old. He files taxes ever year that's what Rowena told me (I don't know how he's able to do it being an overstayed alien) I feel sad for them and wants to help them that's why I'm posting this cuz I know I could gather some advices from you and from those people who used to be in same situation before. Is it possible for him to adjust his status on his own? If yes, what Forms that he needs to submit? If he will hire a lawyer is it going to work and how long is the process?

Thank you so much guys in advance for any help.

So, if I understand correctly, Rowena is not in the USA, is not a USC or LPR, and has never met Brazilian dude face to face?

I think Brazilian dude needs to figure out his immigration issues before he even considers starting a relationship.

You said his "USC Parents" failed to submit his paperwork for AOS. More info is needed. Was he adopted by USC parents? Did he come on a family based petition? Did his parents become USC before or after his 18th birthday? If his parents became USC before his 18th birthday, then he is most likely a USC (whether he knows it or not).

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Brazilian dude needs to consult with an immigration attorney regarding his legal status in the USA.

The CCA took effect February 27, 2001. Anyone who was older than 18 years on February 27, 2001, is covered by prior law. The Brazilian was 21 years old in 2001.

[Brother Hesekiel 2,235]

I find it strange that two people never met and yet want to get married, but that's none of my business.

Yet, here's a viable option: if they are both so madly in love that they want to get married and live together, and the Brazilian gentleman is a foreigner without legal status in the US anyway, why doesn't he move to the Philippines and they both live there happily ever after?

[rin and john 71]

Hi all,

I'm posting this for my friend Rowena. She met a Brazilian guy online about 2 years ago and they fell in love with each other and want to start the K1 process which requires him to meet Rowena personally but the problem is he is afraid of traveling outside US because he is out of status and might not be able to return here in US or worse, get deported back to Brazil and his entire family is in the United States. He came here legally when he was 13 years old petitioned by his USC parents but the parents 'forgot' to adjust his Status and now he is already 29 years old. He files taxes ever year that's what Rowena told me (I don't know how he's able to do it being an overstayed alien) I feel sad for them and wants to help them that's why I'm posting this cuz I know I could gather some advices from you and from those people who used to be in same situation before. Is it possible for him to adjust his status on his own? If yes, what Forms that he needs to submit? If he will hire a lawyer is it going to work and how long is the process?

Thank you so much guys in advance for any help.

So, if I understand correctly, Rowena is not in the USA, is not a USC or LPR, and has never met Brazilian dude face to face?

I think Brazilian dude needs to figure out his immigration issues before he even considers starting a relationship.

You said his "USC Parents" failed to submit his paperwork for AOS. More info is needed. Was he adopted by USC parents? Did he come on a family based petition? Did his parents become USC before or after his 18th birthday? If his parents became USC before his 18th birthday, then he is most likely a USC (whether he knows it or not).

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Brazilian dude needs to consult with an immigration attorney regarding his legal status in the USA.

The CCA took effect February 27, 2001. Anyone who was older than 18 years on February 27, 2001, is covered by prior law. The Brazilian was 21 years old in 2001.

Agreed, but he still may be a citizen and needs to consult with an immigration attorney. From the USCIS website:

"A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA. If you believe this may apply to you, please see the “Contact Us” link to the right to call our National Customer Service Center"

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD