scrubbedexpat099

Sounds like an in country I-601 to me. But the OP may be lucky.

Folinskyinla

Hi:

"Just filling out forms." Right. Its amazing on how many professionals [and non-professionals] manage to make a living doing people's taxes -- after all, its just filling out forms, no?

I told you there might be some land mines in there. How big they are and how dangerous, its hard to say.

On the attorney's fees -- I have no idea of prevailing rates in your area, the exact problems [or perhaps potential problems], the experience of the lawyer, etc etc.

It may very well be that $2,000 is a very reasonable fee. For all I know, the attorney may be underchaging.

As a total aside, I have had potential clients get mad at me for quoting $10,000 to attempt to fix up a FUBAR for which they paid the prior attorney $20,000 to create and I would have only charged $3,000 to have done it right in the first place. It is irritating when they object to my fee because they already paid someone else to exacerbate the existing problems and create new ones.

bluesails

A very valid point. But then I'm sure we all could understand their hesitation to trust so easily again.

The biggest problem is that the law is so complex that immigration officers don't always get it right and neither do many of the attorneys. In the end, it is us that usually end up paying with way, way more than money.

Just Jenney

Where was I rude? The OP asked if we saw anything in their story that they should be aware of or worried about. I expressed an opinion about my perception of his wife's timeline and experience. I wasn't rude or mean about it. The OP himself responded to my post and didn't seem to have any problems with what I said. So why are you telling me to "be nice"? Sheesh.

~ Jenney

lpdiver

Additionally...it is very difficult to know how to intelligently select a COMPETENT immigrations attorney if you have no prior experience with one. I know about fifty questions that I would ask before hiring one myself.

That would be an excellent post for some of the experienced people her to make and then make it a sticky at the header.

tony

Rete

Write it up and post it LP. Selecting a competent immigration attorney when you are ignorant of the issues is one of the hardest things you have to do other than finding a competent, compassionate and caring doctor.

Ray

This is very informative ... by Greg Sikind ...
http://www.visalaw.com/02sep1/2sep102.html

chiffon via ImmigrationKB.com

[email protected] 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).
    >I think you probably have a problem. The INS probably going to suspect fraud
since you have marry within 60 days of entry. You probably have to prove
you have
no intent to marry when you enter the border
You should really check with a great lawyer
    >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

--
Message posted via http://www.immigrationkb.com

chiffon via ImmigrationKB.com

[email protected] 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
You probably going to have a problem. The INA will suspect fraud when
you lie to the custom officer when you enter. You probably have to prove
that you have no intent to get marry when you enter. You better check
with a very good lawyer. I think the INS have a rule about getting marry
before 60 day after entry.

--
Message posted via ImmigrationKB.com
http://www.immigrationkb.com/Uwe/For...riage/200610/1

Noorah101

There is no such rule that one must marry within 60 days of entry. With a K-1 visa, that rule is you must marry within 90 days of entry, but in the OP's case, his wife arrived on the VWP.

It is also not true that you must prove she had no intent to marry when she entered the border. It's OK to enter the USA on the VWP and get married. One should not have the intent to REMAIN in the USA to adjust status, and she might have to prove she had no such intent.

Rene

Noorah101

No, they don't have to prove no intent to get married when entering. They might, however, have to prove she didn't have the intent to remain in the USA after marriage, to adjust status.

No, the USCIS (there is no more INS) does not have a rule about getting married before 60 days after entry on the VWP.

Yes, they may have a problem with the fact that she didn't declare her previous visa denial.

Rene

JEff

Randy,

Maybe explaining why a Brazilian woman is traveling on a Portuguese
passport rather than a Brazilian one? Could lead to a whole series of
other questions.

Regards, JEff

[email protected] wrote:
    > Anything else we should be aware of or worried about?
    >
    > Many thanks in advance!!!
    >
    > Randy and Elzi

chiffon via ImmigrationKB.com

Not sure is it a rule or not. If you marry with 60days of your entry on
temporary visa,
you will be presumed to have committ fraud. Anyway do you need a visa to
enter
with a Portugese passport? you need a visa stamp to AOS.

Noorah101 wrote:
    >> >Hi All,
    >> >I'm an American man married to a Brazilian woman who has been here
    >[quoted text clipped - 30 lines]
    >> --
    >> Message posted via http://www.immigrationkb.com
    >There is no such rule that one must marry within 60 days of entry. With
    >a K-1 visa, that rule is you must marry within 90 days of entry, but in
    >the OP's case, his wife arrived on the VWP.
    >It is also not true that you must prove she had no intent to marry when
    >she entered the border. It's OK to enter the USA on the VWP and get
    >married. One should not have the intent to REMAIN in the USA to adjust
    >status, and she might have to prove she had no such intent.
    >Rene

--
Message posted via http://www.immigrationkb.com

scrubbedexpat099

She presumably has dual citizenship?

And the Portugese one allows use of the VWP.

Just Jenney

If memory serves me correctly, this is essentially an old wives' tale, isn't it? I thought the 30/60/90 day thing didn't mean squat.

Portugal is part of the Visa Waiver Program, so no visa needed (in most cases, anyway).

And no, you don't necessarily need a visa stamp to AOS. For instance, Canadians do not require visas to enter the US. If what you're saying were true, that means Canadian citizens cannot AOS, which obviously isn't the case.

~ Jenney