So this is my case

[Cathi 5,888]

I meant having the spousal visa instead of the fiancee, because if she's here, we might as well get married right?

you cannot get married while she is here on a visitor visa and have her adjust status, that is fraud, you can marry and then she will have to return home while u file the paperwork. The best way for you to marry her is to go to her country, then you return alone and file the i130/cr1 visa. If your girlfriend comes to this country on any type of visa with the intention of marrying and staying then adjusting status, is visa fraud and carries a lifetime ban.

[let-it-be 36]

you cannot get married while she is here on a visitor visa and have her adjust status, that is fraud, you can marry and then she will have to return home while u file the paperwork. The best way for you to marry her is to go to her country, then you return alone and file the i130/cr1 visa. If your girlfriend comes to this country on any type of visa with the intention of marrying and staying then adjusting status, is visa fraud and carries a lifetime ban.

It is the other way around. The OP is from Brazil.

[aaydrian 479]

Research on which is more appropriate for your situation and more advantageous, K1 or spousal. If you do get married your wife may want to visit you a second time to help build evidence. Also you did stay in the US for 180+ days so you may have incurred a 3 year ban that ends February 28, 2014. If that's the case you need a waiver.

[DoneWaiting 15]

Breno, this is your best advise thus far, dont rush things.. research and make plans before you jump into any action.. without the proper finances, documents, and proof you are just another rejection in the system, dont let it get to that stage..

Good luck..

Your first step is to meet in person again so that you are eligible to file the paperwork. Now, just some advice from someone who has been through the process. Before we were married, my fiance and I had spent little time together. We knew each other years before, reconnected, and then decided to get married. I went to visit twice, once to meet the eligibility requirement and to see if we were still compatible. Then I went again in the middle of the process to spend more time together and wait for our approval. Just that little bit of time together did not really give us much of a chance to get to know each other the way we are today. Even though things worked out and we are still married, I really wish that we had had a chance to spend time together in a variety of situations. We both feel that we rushed into things (even though we are both older), but knowing how long the process takes, we didn't want to wait to file the paperwork. There are some things that you probably want to think about. Saving money for the visa process is a good start, but there are going to be many more expenses to think about along the way. If you do a K1 visa, you will need to pay for adjustment of status when you arrive. You mentioned your fiance is in college and that you are both young. She likely has many more years of college, and the US economy is not good right now. It might be hard for you to find a job that can support you both. Last I checked, Brasil does accept co-sponsors, but that isn't going to be a big help to you with your daily expenses, probably. Next, you mentioned that you knew each other in high school. Even though it wasn't that long ago, high school is a completely different world, and people change alot when they leave. I am not trying to talk you out of getting married, but my advice is to spend some time together either here or in Brasil. You will have to meet in person anyway to file the papers, and this would give you a chance to talk through your plans for the future in person. Leaving your home country for good is a lot harder than most people realize, and there is often a huge culture shock. I have lived extensively in both countries, and I feel a huge difference in the USA compared to Brasil. I think running down to Brasil and getting married right away could be too impulsive especially if you haven't seen each other in awhile. Keep in mind that you would be apart for some of the process even if you file for a CR1 visa because it can take up to a year for everything to be done. Also, getting married in Brasil is not something that can be done fast. There are a lot of documents and waiting time, so do some research first if you want to go with that option. Good luck with whatever you decide, and if you have questions about the paperwork, let me know. Wishing you the best!

[Breno 3]

Sorry, but you might actually have a ban. I count 184 days between august 28 and feb. 28. Hopefully a more senior member of the forum can comment on this, but it's definitely an extra thing to check out.

Omg, you are right, but I checked with someone, and they said that If I overstayed for only 4 days that it shouldb't be a problem, and if it does become a problem, I can waive it quite easily since it was such little time. Also, I think I am going to opt for the CR-1 visa, it seems like the way to go, since we won't need the 2 years prior, it won't be the first time we've met ever because we actually went to high school together so proving that I actually knew her before really isn't an issue, we'll take lots and lots of picture of the wedding, everything should be fine right guys?

[bt1 42]

So does that mean that there's nothing we can do, and we're never even going to marry?

Does the fact that we went to high school together help on nothing?

It means that you cannot apply for a fiancee visa at this stage. You can marry and then apply for a visa, but to marry, you will have to physically be together and if that is an issue at the moment, then you are going to have to come up with plan C.

[bt1 42]

we'll take lots and lots of picture of the wedding, everything should be fine right guys?

Well, theoretically it may be fine, but you still have a lot of practical issues: kep records of your correspondence (e-mails, phone calls, chat logs etc): at the interview stage you will have to prove an ongoing relationship. Finances may also be an issue for you, as you pointed out yourself: this is an expensive process, regardless of which option you take, air fares, visa fees etc. Just a thought, can you not get a student visa and come study here in the US and spend more time with your girlfriend before deciding to get married: I really don't want to be preaching, but this whole thing should not be taken lightly, you guys are very young and have a lot things you probably want to do before getting married. Again, just a suggestion, no judgement intended.

[del-2-5-2014 1,340]

Ok, so me and my fiancee have known each other all throughout high school, I think we both knew we liked each other, but none of us had the guts to tell each other, When I left (18 yrs old) to Brazil, we both figured out that we actually loved each other, and a month later I proposed to her, but due to financial problems and my father having inoperable prostate cancer that is pretty far in (58%), I have not been able to return to see her the past 2 years, but we've been in contact for a long time, in the beginning not so much because to get internet where I live is very hard. We want to file the fiancee Visa, but we are scared of being denied for two reasons, one is the fact we've never met in the past 2 years and we don't have photos with each other because we were not bf/gf back in high school, and the second reason is that we're both very young, I'm 20 and she's 21, she's in college so she doesn't have a full time job to be able to be a sponsor, do you guys have any insight to give us? My dad is much better now and I have been working like a dog to be able to pay for all of this, I just want to be with her, I miss her. Unfortunately I don't have the money to take a trip and back and then apply for the visa because Minimum wage in Brazil is about 300 dollars a month. Any help would be appreciated. I am sure she can get some documents from school that prove that we even had classes together. Also another thing, I was undocumented for about 4 years there, but I was a minor, I left right on the 180th day of my 18 years old limit ( I turn 18 on august 28th and left on feb 28th) So I should not have any ban. How can we make this as smooth as possible?

OP, there are two issues here for me. The most important one to me is the relationship, how sure are you on this? You really need to build/rebuild that again to make sure sicne you ahven't seen her in a while.

The second issue is the immigration process, which to me is secondary for a reason. This one shows that you are not meeting the requirement. You can file but you will be wasting your money and time as it will be denied.

Your first step is to meet in person again so that you are eligible to file the paperwork. Now, just some advice from someone who has been through the process. Before we were married, my fiance and I had spent little time together. We knew each other years before, reconnected, and then decided to get married. I went to visit twice, once to meet the eligibility requirement and to see if we were still compatible. Then I went again in the middle of the process to spend more time together and wait for our approval. Just that little bit of time together did not really give us much of a chance to get to know each other the way we are today. Even though things worked out and we are still married, I really wish that we had had a chance to spend time together in a variety of situations. We both feel that we rushed into things (even though we are both older), but knowing how long the process takes, we didn't want to wait to file the paperwork. There are some things that you probably want to think about. Saving money for the visa process is a good start, but there are going to be many more expenses to think about along the way. If you do a K1 visa, you will need to pay for adjustment of status when you arrive. You mentioned your fiance is in college and that you are both young. She likely has many more years of college, and the US economy is not good right now. It might be hard for you to find a job that can support you both. Last I checked, Brasil does accept co-sponsors, but that isn't going to be a big help to you with your daily expenses, probably. Next, you mentioned that you knew each other in high school. Even though it wasn't that long ago, high school is a completely different world, and people change alot when they leave. I am not trying to talk you out of getting married, but my advice is to spend some time together either here or in Brasil. You will have to meet in person anyway to file the papers, and this would give you a chance to talk through your plans for the future in person. Leaving your home country for good is a lot harder than most people realize, and there is often a huge culture shock. I have lived extensively in both countries, and I feel a huge difference in the USA compared to Brasil. I think running down to Brasil and getting married right away could be too impulsive especially if you haven't seen each other in awhile. Keep in mind that you would be apart for some of the process even if you file for a CR1 visa because it can take up to a year for everything to be done. Also, getting married in Brasil is not something that can be done fast. There are a lot of documents and waiting time, so do some research first if you want to go with that option. Good luck with whatever you decide, and if you have questions about the paperwork, let me know. Wishing you the best!

This is crucial and an excellent advice that I give all the time.

[Breno 3]

OP, there are two issues here for me. The most important one to me is the relationship, how sure are you on this? You really need to build/rebuild that again to make sure sicne you ahven't seen her in a while.

The second issue is the immigration process, which to me is secondary for a reason. This one shows that you are not meeting the requirement. You can file but you will be wasting your money and time as it will be denied.

This is crucial and an excellent advice that I give all the time.

I completely Understand the point of view of you guys, but I've know this woman for 4 years person to person and 2 years through facebook and some calls (magicjack), but I have never once doubted that she's the one, this may seem silly, but this feeling is mutual, I've asked her multiple times if she thinks the same as me, we're soulmates, two weirdos But I love her. But by what I am readin, the CR-1 Visa should be ok right? We are alredy passed the K-1 because if we don't meet the req, it will be a waste of money. I will bring her to brazil, have a nice civil wedding because we're both not religious, and apply for the CR-1 visa We have pictures with common friends, and pictures of both of us in the same school

[Indykittykeilah 18]

Well, if she comes to Brazil then you have been together in person in the last 2 years also so you would then meet the requirement for K-1, but I understand if you want to do the other way. I considered it myself when I went to visit my fiance' (now my husband) but I wasn't sure we could meet all the requirements to legally marry in his country so K-1 it was. Best of luck to you young soulmates!

[MedRoni 161]

I will bring her to brazil, have a nice civil wedding because we're both not religious, and apply for the CR-1 visa We have pictures with common friends, and pictures of both of us in the same school

I would like to point out again - the pictures of you two in the same school are basically worthless. This is not proof of any relationship at all. You will really need to focus on getting alot of proof even with a CR1. You keep giving the impression you do not have much to date. Build it... that will be your best option.

Keep in mind she will still need to meet the financial requirements as well. OK - reminders done - either way I wish you both the best!

[GodgavemeU 1]

First thing first. Establish the relationship. Prove that you've met in the last two years. Get a good job and save. Stop thinking too far ahead. We all crawled before we learned to walk.

Good luck on your journey.

[SteveKarlaMayer 21]

Ok, so me and my fiancee have known each other all throughout high school, I think we both knew we liked each other, but none of us had the guts to tell each other, When I left (18 yrs old) to Brazil, we both figured out that we actually loved each other, and a month later I proposed to her, but due to financial problems and my father having inoperable prostate cancer that is pretty far in (58%), I have not been able to return to see her the past 2 years, but we've been in contact for a long time, in the beginning not so much because to get internet where I live is very hard. We want to file the fiancee Visa, but we are scared of being denied for two reasons, one is the fact we've never met in the past 2 years and we don't have photos with each other because we were not bf/gf back in high school, and the second reason is that we're both very young, I'm 20 and she's 21, she's in college so she doesn't have a full time job to be able to be a sponsor, do you guys have any insight to give us? My dad is much better now and I have been working like a dog to be able to pay for all of this, I just want to be with her, I miss her. Unfortunately I don't have the money to take a trip and back and then apply for the visa because Minimum wage in Brazil is about 300 dollars a month. Any help would be appreciated. I am sure she can get some documents from school that prove that we even had classes together. Also another thing, I was undocumented for about 4 years there, but I was a minor, I left right on the 180th day of my 18 years old limit ( I turn 18 on august 28th and left on feb 28th) So I should not have any ban. How can we make this as smooth as possible?

You two need to see each other first. Take a lot of pictures and save all possible evidence to prove the ongoing and genuine relationship to be able to file for the I-129F petition package.

God bless and good luck! Hugs. Xoxo

[Sandra G. 5,108]

Pauli is right you left after 180 days, then you have a ban to reenter and to overcome the ban you will need a waiver (I-601). The US Consulate may not apply the ban in your case because you left 4 days after the limit allowed to stay in the USA , but you will find out just when you attend the interview.