Red flag in filing due to deportation from another country?

[WildBob 0]

Before going down the route of filing the I-129F, I have a slightly complicated scenario / question if this would cause a red flag:

 

My significant other is Brazilian.  He went to Switzerland and overstayed on a tourist visa.  He was caught in Switzerland, not charged with anything criminally, and sent back to Brazil with a ban from returning 3 years. He returned to Switzerland after the ban, and is currently over staying a second time. I met him for a first trip in Switzerland. He is looking to go back to Brazil so we can begin the process of filing for K1 very soon, retake new pictures together while there, etc, but we do not know if the authorities will do anything once he attempts to leave Switzerland with a vali plane ticket (he does have a new passport with no stamp from his second entrance so we are hoping for no troubles from the swiss authorities) 

 

1) If there are issues once he leaves Switzerland, will this cause any headaches for us in filing?

2) In filling out the I-129F, do we list the address he lived in Switzerland?

3) Will this result in a denial for a K1 visa to come here?  He has NEVER been to the USA either

[KULtoATL 1,551]

It shows he has a disregard for the law (given the second overstay attempt) so I'm curious to see what the knowledgeable VJers say about this 

 

 

[Boiler 45,666]

How did he get back in after being deported?

[MacUK 983]

31 minutes ago, Boiler said:

How did he get back in after being deported?

I'm guessing maybe Switzerland isn't as strict as the US at punishing people after they've completed their bans, although this case shows that maybe they should.

[Californiansunset 336]

3 hours ago, WildBob said:

Before going down the route of filing the I-129F, I have a slightly complicated scenario / question if this would cause a red flag:

 

My significant other is Brazilian.  He went to Switzerland and overstayed on a tourist visa.  He was caught in Switzerland, not charged with anything criminally, and sent back to Brazil with a ban from returning 3 years. He returned to Switzerland after the ban, and is currently over staying a second time. I met him for a first trip in Switzerland. He is looking to go back to Brazil so we can begin the process of filing for K1 very soon, retake new pictures together while there, etc, but we do not know if the authorities will do anything once he attempts to leave Switzerland with a vali plane ticket (he does have a new passport with no stamp from his second entrance so we are hoping for no troubles from the swiss authorities) 

 

1) If there are issues once he leaves Switzerland, will this cause any headaches for us in filing?

2) In filling out the I-129F, do we list the address he lived in Switzerland?

3) Will this result in a denial for a K1 visa to come here?  He has NEVER been to the USA either

Might help leaving the country through a different EU country besides Switzerland. Preferably a country without border control before you board a flight (Germany didn't do that in Berlin-Tegel until recently... so as long as you wouldn't try to go come back they wouldn't even notice that you overstayed). 

[Californiansunset 336]

45 minutes ago, MacUK said:

I'm guessing maybe Switzerland isn't as strict as the US at punishing people after they've completed their bans, although this case shows that maybe they should.

After you completed a ban outside of the US they also usually let you back in again... depending on whether you can show enough ties to your homecountry. I agree though that it's way easier to get into the EU than it is to get into the U.S. I heard going through Paris is a joke and often even forget to stamp passports and to enter info electronically. 

[MacUK 983]

2 hours ago, Californiansunset said:

After you completed a ban outside of the US they also usually let you back in again... depending on whether you can show enough ties to your homecountry.

 

I respectfully beg to disagree, I've served out my ban from the US for overstaying. I've been refused a B2 3 times and been told privately by a retired CO that I might as well give up trying as I'll probably never be approved as overstayers are rarely given a second chance.

[Boiler 45,666]

2 hours ago, MacUK said:

 

I respectfully beg to disagree, I've served out my ban from the US for overstaying. I've been refused a B2 3 times and been told privately by a retired CO that I might as well give up trying as I'll probably never be approved as overstayers are rarely given a second chance.

I have seen some get NIV's but agree it would not be the norm.

[milimelo 4,502]

Wonder how long overstays were/are and what will say on his police certificate from Switzerland? 

[WildBob 0]

First overstay was 5 years......second current overstay is a few years (Have forgotten what he said).  He is non-EU citizen though....

 

Sticky situation, yes. Just curious on if this would be a serious red flag for if he makes it out of EU, back to Brazil, and we begin the K1 filing process? Do we even list one of his prior addresses of being in Switzerland? on the application?

[KULtoATL 1,551]

4 minutes ago, WildBob said:

First overstay was 5 years......second current overstay is a few years (Have forgotten what he said).  He is non-EU citizen though....

 

Sticky situation, yes. Just curious on if this would be a serious red flag for if he makes it out of EU, back to Brazil, and we begin the K1 filing process? Do we even list one of his prior addresses of being in Switzerland? on the application?

Yes, the form will ask for his addresses for the last 5 years. He'll need to be able to account for his whereabouts.

 

ETA: Employment for the last 5 years as well. And please don't try to omit anything on purpose. It might backfire at some point.

Edited September 16, 2017 by KULtoATL

[cd37 229]

12 hours ago, WildBob said:

Before going down the route of filing the I-129F, I have a slightly complicated scenario / question if this would cause a red flag:

 

My significant other is Brazilian.  He went to Switzerland and overstayed on a tourist visa.  He was caught in Switzerland, not charged with anything criminally, and sent back to Brazil with a ban from returning 3 years. He returned to Switzerland after the ban, and is currently over staying a second time. I met him for a first trip in Switzerland. He is looking to go back to Brazil so we can begin the process of filing for K1 very soon, retake new pictures together while there, etc, but we do not know if the authorities will do anything once he attempts to leave Switzerland with a vali plane ticket (he does have a new passport with no stamp from his second entrance so we are hoping for no troubles from the swiss authorities) 

 

1) If there are issues once he leaves Switzerland, will this cause any headaches for us in filing?

2) In filling out the I-129F, do we list the address he lived in Switzerland?

3) Will this result in a denial for a K1 visa to come here?  He has NEVER been to the USA either

does k1 form has question that " have you ever been deported or banned from any country?" you have to answer that honestly and ready to explain at the time of interview. its upto IO to approve you after the facts.

[f f 725]

he will need legal status in Switzerland to have his interview there I believe so it might be best he returns even if it is just for that. and get some police certificates from there too.

[Boiler 45,666]

Obviously the details are obscure but in US terms it could be a Felony.

[mcdull 474]

12 hours ago, Boiler said:

How did he get back in after being deported?

Very easy, before they had the scheagan info system, he could be banned by Switzerland but easily reentered through France or Germany.  

 

I find the whole scheagan thing suspicious, I once arrived Italy from Hong Kong, the border agent took a look at my UK passport (without European Union on it). Didn't even flip it open and waved me through.  

Edited September 16, 2017 by mcdull