Will I have to get a waiver in F1 status case?

[emonteiro25 0]

I lived in the US for a total of 8 years. I went to school in the US from August 2004 through April 2008. I was in the process of transferring schools when my sponsor backed out, and left me stranded. I was supposed to have started the Fall 08 at another school, but mid August 08, nothing had been done and I was left with no money. I worked at retail store from 08 till the end of 11. (Illegally since I had no means of supporting myself, unless I worked). I also couldn't count on my family, since they weren't supportive and did not approve of me being gay. I was left alone to fend for myself.

Summer of 2010 I had met my boyfriend (now husband), we lived together in Utah for almost 2 years, before I decided to move back to Brazil due to tougher immigration laws, my dad was ill with cancer in Brazil and it just was tough dealing with the anxiety of being deported and banned from the country, plus I wanted to try to savage some sort of relationship my dad and I could still have before it was too late.

My boyfriend at the time (now husband) decided I would move down to be my dad, then I would look for a job, and find a place for us here to settle until one day LGBT people were able to sponsor their spouses, and then we would move back. My husband moved down for the first time November of 2012 and stayed for 4 month, but had to go back due to our inability to find steady jobs, we would go hungry sometimes. It was that hard. Plus we were planning on getting married, and Brazil's bureaucracy was crazy, we lacked documentation, and money to be able to afford our marriage here.

He moved back Feb 13, in the meantime, the supreme court had allowed for gay people to be federally recognized for immigration benefits! It was great news, so my man moved back down July 13, we got all the paper work set up and we were able to at least get married here on Aug 13.

He stayed here till December 13, and moved back due to skin cancer and after much thought we decided to start the application to help me move back to the US.

We applied for our I 130 on January 27th 2014, on March 19th 2014 we got our I130 expedited approved for faster review. And we are still currently waiting on that.

I don't know where I stand now with immigration. I was an F-1 student, D/S marked on my I-194. I was never contacted by ICE or anyone for immigration removal procedures. I left the country on my own, and I am still in Brazil after 2 years waiting on the consular processing to be done.

I am freaking out cause I have spoken to some online lawyers that tell me I will get my visa denied at the consulate and I will have to apply for a waiver. Yet, some other people say that since my I94 says D/S , I wasn't taken to immigration court, and I still did go to school for 4 years, that I shouldn't have to worry... HELP!!! I am so anxious to know as to what I should expect at the interview with the consular. Has anyone been in a similar situation? Please enlighten me!!!

[pushbrk 13,664]

I too, would expect the visa to be denied followed by the I-601 waiver. However, the real experts on this kind of issue are over at immigrate2us.com It's similar forum but with special focus on your kind of case. (Waivers etc.)

[Hypnos 6,579]

You have no issue because your I-94 was marked "D/S". This means that you could only have accumulated overstay if either USCIS or an immigration judge made a determination that you were out of status. Since this didn't happen, you technically accrued no overstay and are not subject to the 3 or 10-year bars.

I'm sure it will come up in the interview, but as a matter of law it should not be an impedance to the issuing of your visa.

Edited April 21, 2014 by Hypnos

[emonteiro25 0]

pushbrk what brings you to that conclusion that I will need a waiver? Please help me understand it, so I can prepare myself.

[pushbrk 13,664]

Don't take my word for it. It's not a legal opinion. That's why I referred you elsewhere. You actually NEED a legal opinion. I said I think, not I know or that I'm confident. I don't know and am not confident about this particular "thought".

[emonteiro25 0]

Don't take my word for it. It's not a legal opinion. That's why I referred you elsewhere. You actually NEED a legal opinion. I said I think, not I know or that I'm confident. I don't know and am not confident about this particular "thought".

Thank you, I appreciate your input.