agents

Hey Folinskyinla,

The immigration attorney we spoke to wanted $2k to do this and from
what I've heard it's just a matter of filling out some forms. Not to
belittle the Legal Profession or anything, especially if you are an
attorney, but do you think I should come up with the money? i.e., is
it worth $2,000???

Many thanks for your reply...
Randy

Folinskyinla wrote:
    > > Hi All,
    > >
    > > I'm an American man married to a Brazilian woman who has been here
    > > since August 14. She was denied a visa to enter the USA so she
    > > applied
    > > for and received a Portuguese passport because she was previously
    > > married to a Portuguese citizen (widowed).
    > >
    > > We got married on September 16 and we are about to enter into the
    > > process of applying for her green card. We'd planned for her to go
    > > back to Brazil in November and stay through Christmas but were told
    > > that she may not be able to get back in the country so she's staying
    > > here until we can get permission to travel (whatever it's called).
    > >
    > > My question is this - is there any reason that the INS might decline
    > > our request for her green card based on anything in my past? I know
    > > they ask for 3 years of tax returns, for example, and there is a
    > > disputed amount of tax that I owe - would that be a reason for them to
    > > say no? Or do they just ask for tax returns to see if I can afford to
    > > suppor her?
    > >
    > > Obviously they would decline if they suspected that ours was a
    > > "marriage of convenience" but we have ample proof that it's the "real
    > > thing". Anything else we should be aware of or worried about?
    > >
    > > Many thanks in advance!!!
    > >
    > > Randy and Elzi
    > Hi:
    > You ask some pretty good questions. Some are quite sophisticated and
    > way beyond the scope of an Internet NewsGoup in which most lay people
    > participate.
    > I suggest you contact an experienced and knowledgable immigration
    > attorney. From what you post, your case APPEARS doable, but there just
    > might be some land mines in there.
    > Good luck.
    > "The trouble is all inside your head she said to me. The answer is easy
    > if you take it logically. I'd like to help you in your struggle to be
    > free." Paul Simon
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

Noorah101

You are viewing this site through usenet, but many of us here are posting from the site www.britishexpats.com. It's a site dedicated to British Expats, that's why you see so many of them posting here.

Rene

nettlebed

But in your first post you say:

agents

    > Did she declare the refused visa application when she entered using her
    > Portugese Passport?

No, of course not - why would she? Nobody asked so why volunteer such
information? Just to be sent back?


Boiler wrote:
    > > Hi:
    > >
    > > You ask some pretty good questions. Some are quite sophisticated and
    > > way beyond the scope of an Internet NewsGoup in which most lay people
    > > participate.
    > >
    > > I suggest you contact an experienced and knowledgable immigration
    > > attorney. From what you post, your case APPEARS doable, but there
    > > just might be some land mines in there.
    > >
    > > Good luck.
    > >
    > > "The trouble is all inside your head she said to me. The answer is
    > > easy if you take it logically. I'd like to help you in your struggle
    > > to be free." Paul Simon
    > Did she declare the refused visa application when she entered using her
    > Portugese Passport?
    >
    > --
    > Posted via http://britishexpats.com

workboresme

$2K is not that much money for such an important matter, and surely your wife is worth it? As you are already coming onto a public forum asking for advice, you probably already had an idea that there may be a problem.....
If everything goes smoothly, you're two grand out of pocket, BUT if you do run into a problem you won't be faffing around trying to find someone to help you out at the last minute.

Good luck.

scrubbedexpat099

Because it is a specific question that you have to answer yes or no to on the I-94W.

You wanted a reason why she would be refused adjustment, you have one. Lying at the Port of Entry.

It does not follow she would have been sent back if she had answered truthfully.

hcj1440

Well, actually, because she was asked that question -- in written form. It's on the green I-94W form she filled out. Question F is:
"Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?"

Did she answer "yes"? If she answered no, then she lied.

Maybe that $2k for the lawyer isn't such a bad idea?

scrubbedexpat099

I can feel a price increase in the air.

meauxna

hi Randy,
There is no record of her being denied a visa? How so?
Sorry about the 90 days. Then again, she hasn't filed any papers.

The reason I started posting via BE is because when I was living in Greece, I couldn't get this group via newsreader and I was unsatisfied with the speed of the web-based google/groups format. I noticed that a lot of the posts came from this site and that it had immediate updating. As an old Usenetter, it did strike me as odd to use a website, but I guess I've settled in now.
Anyone is welcome to join; no requriement to be British or an Expat.

As to why so many of the Brits are fleeing their Motherland, well, I'll refer you to another forum here, USA Life. Tho to read it, you'd sure think they would've preferred to stay in Blighty.... <g>

scrubbedexpat099

A bit self selecting if your are looking at English sites?

But there are plenty of yanks going the other way, see Uk Yankee for example.

ian-mstm

The BritishExpats portal is far more user friendly than Usenet. I'll also mention here that many people posting from BE are neither British nor Expatriates!

Ian

Marco

[email protected] wrote:
    > > Did she declare the refused visa application when she entered using her
    > > Portugese Passport?
    > No, of course not - why would she? Nobody asked so why volunteer such
    > information? Just to be sent back?

They did, it's one of the questions you have to answer on your VWP
form. If you answer 'Yes' they ask you to give in details of the
refusal.

Marco

meauxna wrote:

    > hi Randy,
    > There is no record of her being denied a visa? How so?

He probably thinks that since her visa was denied on her Brazilian
passport and she got in using a Portuguese passport, that means they
have no record of her previous visa denial.

meauxna

I agree that is probably what he thinks.

Computers talk to each other, and fingerprints rarely change.

lpdiver

My wife had numerous visa denials. It is not at all uncommon for a young female from any country in South America to be denies.

She also had several other issues that had me very worried.

I have an issue with the IRS for the year 2004.

I did my own case but had an attorney on very short leash in case needed. I got his name through the AILA referral system. I was the first person he had contact him via an AILA referral. He ended up givng me a lot of his time free.

In my case he was very intrigued as to how I knew more about immigration law than most of his 2 and 3 year associates. I probably spent 1500 hours researching my very case specific facts.

At three dollars an hour for my work I would have been much better off paying an attorney. However, I didn't feel that they would put the effort and detail into it and so chose to DIY.

I deal with the CFR on a daily basis in my job so...

In my anectodotal experience for all their bad reputation, immigrations rarely denies the spouse of a USC. They may make you pay and wait but in the end sucess is a likely outcome.

The attorney I confered with and who was going to be my back up told me of a case where he suceeded in adjusting status for a lady who had gotten caught trying to enter on a counterfeit passport. That is about as bad as it get with USCIS short of murder, drug, or prostitutuion.

I would at the very least spend the time to get several consultations and then determine your comfort factor. I made five consultations ranging from free to a hundred dollars.

Good Luck,

tony