K-3 visa | i601 waiver ? Where do I start?

[Thefernandes07 0]

K-3 visa | i601 waiver ? Where do I start?

Hello, I have a big question just to try to understand where I should start my case.

I'm a Brazilian citizen, and I got a J-1 visa approved to study and work in the U.S for a year ( valid from October 2013 until - October 2014). After entering the Country legally, in APRIL of 2014 I requested inside the U.S a change on my status of my visa for B-2 to stay in the country as a tourist because I got out of my previous job as J-1. Anyways, my case status was approved and from April 2nd of 2014 until September 2nd of 2014 I was still legal in the US, but as a tourist. The issue: I didn't leave the U.S in September, I overstayed my tourist "status/visa" until june 4th this year, 2015 , total : 8 months illegally overstay. (More than 180 days, less than 1 year). I had to come back to Brazil, (volunteer departure, no one asked me to leave the country, I just packed my things and I left the US). Now I'm pretty sure I'm facing a 3 year bar to go back to the US because of my illegal overstay. The issue 2: I'm engaged to a US citizen, and he wants to come to Brazil, marry me here in Brazil and so that we can start the process to go back to the US and live with him.

WHAT SHOULD I DO? HOW DO WE START?

(1)- should I apply for a k-3 (spouse) visa because we are going to be married in Brazil?

- Him, being my legal spouse in Brazil we need to try this type of visa?

- With the 3 year bar for me, is there a waiver for this case? If the visa is denied? (i601 waiver?)

- Do I have to try to apply, go for the interview and then get the "denied" answer so that they can give me the i601 waiver option?

- Or I don't need to have a denied visa try to apply for the waiver?

(2)- should we try for the K-1 (fiancé) visa to marry him in the US? But how would that work with the 3 year bar? - They will not let me go back before the 3 years ? Is there a waiver for this case? (i601 waiver)?

( is this even a option ?)

(3)- should we wait for the 3 year bar to pass so we can apply for a visa for me?

He wants me back ASAP to the US to live with me. Ive been reading about EXTREME HARDSHIP waiver arguments, and we are pretty sure we can get good arguments.

- My fiance ( US CITIZEN ) is an active duty military, but he has A LOT of medical issues for being in the military for so many years. His entire body has been damaged for the times he went to war in Afghanistan and Iraq and he pretty much can get any medical statements that he needs me there, specially because he still needs surgeries because of the years ruining his body for the US military.

- He has several mental issues caused by the war he have been to and keeps going through depression, body pain and several other problems that will retire from his job in 1 year from US mitary.

- He also is divorced , with 2 kids from previous marriage and he wouldn't be able to move since he cant take the kids with him to Brazil because the kids mother wont let him.

- Can we get a faster process because he's a military?

- What other STRONG arguments HE could give to prove that HE NEEDS ME THERE, and succeed with the waiver?

I really need some opinion , we are thinking about a lawyer but I would like to see some other experiences as well.

Thank you all for your time,

God bless!

[rtor1 52]

Hi,

If I am not mistaken the K-3 is no longer in use and the spouse visa is called IR1/CR1.

I have no clue about your waive issue and the best option for you (I'd rather having more experienced users giving you their feedback), however let me tell you about the Military situation since I am familiar with it: The primary answer is NO. The simple fact that he is in the military and on active duty doesn't grant you any expedition benefit, UNLESS there is a specific situation to justify the expedition, for instance: He is in a soon to be deployed ship and need to get married before his under ways (That's how my case was approved for expedition even though we tried it REALLY close to the normal timeframe to have it adhjucated). Second, if he has that many issues he needs a Military Formal Medical Assessment, especially because all the damages caused MUST be treated and additionally he gets additional money for each injury. You mentioned that 'he can pretty much get any medical statement' so I assume that now he doesn't have any kind of medical assessment and to be honest, with that many problems he wouldn't be on active duty once everything comes up since his mental issues can be considered a harm not only to himself but to others, and if so I don't know if y'all could benefit from the Military Status to start your expedition process or you should go thru the normal route (Not sure if the Military Option includes non-active duty personnel). You can call the Military Hotline and get more info: http://www.uscis.gov/military/military-help-line

But I have one advice: If you decide to call, just be very careful how you expose this situation if he doesn't have yet an official diagnosis and is not under the proper treatment as he should be.

Good luck.

[Thefernandes07 0]

Thank you for your response,

I think I didn't explain very well, the details: He DOES have LOTS of documents, proving his medical conditions, because he is SO damaged, he said he could even retire sooner because of those problems he has on his body. He's not working ''ON FIELD'' he works in a office, because hes body is so messed up, he can't do much for his sniper job as before. He did 32 MRI's and there's still more 2 coming + 2 surgeries in his body, he already been through many surgeries because of his job. He's basically in ''stand by'' until they have to retire him early for his body being so messed up.
So he has all the proof he needs about his medical conditions and that he needs me there for those surgeries. He takes so many pills to ''hide'' is pain and damage that the military spends thousands of dollars to his meds&treatments and etc...

Do you think his medical CONDITIONS would be a good argument still?

[rtor1 52]

Thank you for your response,

I think I didn't explain very well, the details: He DOES have LOTS of documents, proving his medical conditions, because he is SO damaged, he said he could even retire sooner because of those problems he has on his body. He's not working ''ON FIELD'' he works in a office, because hes body is so messed up, he can't do much for his sniper job as before. He did 32 MRI's and there's still more 2 coming + 2 surgeries in his body, he already been through many surgeries because of his job. He's basically in ''stand by'' until they have to retire him early for his body being so messed up.

So he has all the proof he needs about his medical conditions and that he needs me there for those surgeries. He takes so many pills to ''hide'' is pain and damage that the military spends thousands of dollars to his meds&treatments and etc...

Do you think his medical CONDITIONS would be a good argument still?

Oh, ok, before you mentioned that he COULD get a statement so I thought he didn't have anything to state his condition.

To be honest with you I don't know the severity of his case and if it could be considered as an extreme urgent situation (One of the expedition criteria. Please check: http://www.uscis.gov/forms/expedite-criteria)but it's worth to call the Military Hotline. Our request was easily approved and he didn't even need to provide anything than than his ship name (Not even his schedule was demanded). But first of all you need to make sure about your waive situation!

[NikLR 13,220]

It's possible to get a medical expedite due to pstd. It doesnt hurt to try. Did you overstay for more than 180 days but less than 1 year? You will need a waiver which is applied for after the interview.

K3 still exist but are virtually obsolete with less than 1% making it past the NVC or consulate. The CR1 is your best bet if you want to be married in Brazil.

[Thefernandes07 0]

Yes, I overstayed more than 180 days and less than 1 year. result: 3 year ban.

My fiance (american) is coming to Brazil to marry me HERE in Brazil, and He already have dozens of papers, MRI exams proving that his condition after being at the Air Force will make him need surgeries, at least 2 for now, PLUS he can only make the surgeries if someone takes care of him, me being his wife I think it would be a good argument also, his family can't help him. He has all the papers that could be a good argument for me to be there with him!
I know is gonna take some time for me to be back there, but at least we want to try to get me back there before the 3 years!

[NikLR 13,220]

It doesn't hurt to try and it certainly helps that he's still active duty vs retired or discharged.

[Thefernandes07 0]

I had an appointment with one of the most recommended lawyers in the U.S for waivers, and she gave me the advice to go with the FIANCE visa request, to get the waiver. I hope it works!

[Darnell 8,478]

i suggest, instead, the spousal visa, CR-1. Why? stronger ties, better when chasing a waiver. No, I'm not a lawyer, nor do I play one on TV, but this attorney doesn't understand waivers, IMO.

[NikLR 13,220]

NOA2 for an I-129F has a 4 month shelf life that can be extended by the embassy or consulate but may not be. An approved I-130 does not expire so you can fight the good fight until the fat lady sings. (Aka until you win or lose.)