IcezMan_IcezLady

I'm sure there's plenty of lawyers willing to take on the case. Doesn't mean they could do anything about it, but I'm sure they'll take the check.
 
Yeah...probably should have mentioned that a LOT sooner (for several reasons).
 
Yup. The exact time is just an estimate. Taking 15 years is possible (albeit I think the current delay is about 13 years?)
 
Yup. No visa is needed, but an ESTA is. You are ineligible for an ESTA with a past overstay. The requirement follows a person, not a passport.

ROFL

I want to thank all of you here on VJ for all the great advice and encouragement over these past few years.  My husband's IR1 visa was approved today, thank God very much.  Luckily, he was asked only a few basic questions.  The officer had taken all of his evidence, looked it over, then called him to the window.  There he was just asked if his case was a reaffirmed one, how many children he has and if his child will immigrate with him.  That was it.  The embassy personnel then gave him the long awaited blue slip of paper instructing him to pick up his visa in 2 weeks. It has been such a long and stressful journey and I wanted to share our success to give others hope.  

Why did you post the same question using two different user names? 
 
 

It was in relation to what the OP quoted thus relevant to the conversation.  No need to tell each other how to post.

Not filling taxes can be a reason for refusal, especially since it's a duty of the US citizen and it's part of proving the domicle.

Time to file for a spousal visa 

I recently made a post on that topic...
What we know as "Knocking" has totally changed. Our people have condensed or combined "Knocking" and "Etire nsa" altogether. So the engagement is now the "etire nsa" which is the traditional marriage.
So for immigration purposes, you either have to not do it or do the "original knocking".
The original knocking involves just the elders, parents and sometimes, the girl is not even part at all. it's between a couple of elders from the both sides.
The moment the girl dresses up and everyone make elaborate preparation and dowry is paid. You are married.
To your question,
"You are too married for K-1 but not married enough for CR-1".
So go through the proper process to register your marriage and file I-130
Good luck!

To somebody, immigration seems like "what happened in Vegas, stays in Vegas" thing.
 
 
I am also surprised how many people post on VJ on behalf of their "friends"

Even though it has been expunged from your record, chances are the a thorough USCIS background check already revealed it.  But this is a minor offense, so it won't affect your case.  But on any question about convictions or arrests, you must declare it, even though you were not put in handcuffs.
 
If caught omitting it, it could be disastrous, especially for something this petty. 
 
Hopefully you weren't pointing a laser at landing airplanes or cars driving by.  That's dangerous and stupid. Although if it was airplanes you wouldn't be dealing with local cops, you'd be dealing with federal agents while wearing silver bracelets.

The answer to your question is in your question.  You were arrested.  You MUST check yes in the box.

Okay i will do that and thanks for taking your time to share your experience ... appreciate it 

Resend everything through DHL. You won't get that mail. I sent financial information to my then fiance in 2015 and has still not received it.
Never send important documents through USPS. USPS has no authority there so they hand over the mails to the local post and they do whatever they want with it.
 
My fiance went to the central post office where it showed that the mail was but could find it even at the point of willing to bribe someone it wasnt found. The sad truth is that, some of the employees open the mails and to look for money then trash your mail. that's the unfortunate situation there.
Some times that doesn't even help. because it will show that your mail has been opened and they will be in trouble so they throw it away.

It got their in 5 days we Thank God!

Resend everything through DHL. You won't get that mail. I sent financial information to my then fiance in 2015 and has still not received it.
Never send important documents through USPS. USPS has no authority there so they hand over the mails to the local post and they do whatever they want with it.
 
My fiance went to the central post office where it showed that the mail was but could find it even at the point of willing to bribe someone it wasnt found. The sad truth is that, some of the employees open the mails and to look for money then trash your mail. that's the unfortunate situation there.
Some times that doesn't even help. because it will show that your mail has been opened and they will be in trouble so they throw it away.

Congrats on the interview..They probably be doing background investigation. I pray everything goes well for you guys.

The hospital  will need your confirmation page or appointment letter which shows clearly wen you having your interview before they will allow you do the medicals.

No one here would ask you to get back together but because you left details out of your initial posts, that's what others like myself drew out of your issue.
Your safety should be your top priority. His immigration status is no longer in your hands.
And I hope both of you get help. Not just him only.

Is civil union the same as civil marriage? The city hall/court marriage? It probably doesn't even matter at this point, but if you were technically married in Brazil, why did you get K1 as opposed to CR-1 visa?

Sorry, this is a difficult position. Unfortunately, the time to get any compensation for playing casually with your life was during the divorce and even then I don't think you could have gotten anything  (blood from a stone etc). You took a big risk (fiance visa is risky for this exact reason-- the immigrant arrives completely dependent on the petitioner with the green card on the line) and it didn't work out. The only way to adjust status from a K1 is with the original petitioner, and that avenue sounds like it's closed (and honestly, it should be. You don't need to stay with someone who treats you like that). You're young and haven't been here that long in the grand scheme of things.
 
If I were in your shoes, I'd cut my losses and go home and work on building a great life there. You're so young that you'll still be young in 10 years AND on top of it, the bans are waivable. Staying without status and no way to GET status is just going to push this problem further down the road and multiply it. The longer you stay and build a life here, the more you have to lose.

You can sue a person for a legal obligation.  You can not sue for a moral obligation.  You really have no basis to sue him.
 
Don't take this the wrong way.  You should have been responsible for knowing the downsides of using a K-1 with a person who has bad finances.  While you are in a "bizarre situation," there are plenty of examples on VJ of women who arrive to the US on K-1 visas knowing their spouses can not afford to file AOS for them and the chaos that follows.  The onus in on people knowing what they are getting themselves into with a K-1 visa.
 
Sorry about your situation, but there is no hope for you in the US.  You can choose to stay an undocumented immigrant or return home and serve your 10 years ban.  Sorry.

Sorry about your situation.
 
As a K-1 overstay, your only way to become legal is through your husband.  Marrying another US citizen would not allow you to adjust status.  This is one of the limitation of the K-1.  As long as you stay in the US, you will be an undocumented immigrant without the ability to become legal forever.
 
If you leave the US, there is no way for you to avoid the ban.
 
You can sue him, but why?  No lawyer will take your case without a large retainer.  Even if you win, you can't squeeze blood from a stone - he has no money so what would you squeeze out of him?  You may have a much better chance of suing him in Brazil.  
 
If you want revenge, go home to Brazil and sue him there.  Ruin his life in Brazil.  See if you can get him kicked out for good so he has to come back to the US and his miserable life.  A gringo teaching English in Brazil is valuable, not so much if he is kicked out and has to return to the US where no one will hire him as an English teacher.  He can go back to living off a crappy job.

sue him for what? it did not work out and you guys were dragging your feet on the paperwork.  he has no legal obligation to file the paperwork nor to support you. if you two had filed the aos paperwork then he would have to reimburse the us government if you became a public charge. sadly with the k1 the only person you can gain legal status through is your ex and there is no scorned lover exception. there is vawa but nothing you said would suggest you were abused and also you would have needed physical proof of that abuse not just a statement claiming abuse.

If the plan initially is to stay 2 months then just say that your visit is for 2 months and explain you are on vacation or whatever else the reason is and ensure you have proof. 
 
If CBP realizes that on this trip you misrepresented yourself be prepared on your next trip to have your visa cancelled and they will state that you are not a true visitor.  That is the trend now when they check and see that persons stayed longer than declared their visas are being cancelled.
 
It is always best to be truthful.

The legal point of view is that you only have until the date in your passport to leave the country. If the CBP officer gives you 6 months, you can stay 6 months. If s/he only gives you 2 weeks, you can only stay for 2 weeks.