QUESTION
Waiver I601 and Fiancee Visa for 10 year ban
Asked on Aug 07th, 2014 on Immigration - Massachusetts
More details to this question:
My boyfriend lives in Brazil and I'm also Brazilian and a US Citizen. He came here on a tourist visa on June 2001 and he left USA in October 2006, while here he never had any problems with police or any court, he was NOT deported, he left on his own, always paid taxes etc... he did have the tourist social security while here (which was an option prior to 9/11) Can we try to get the waiver and get a fiancee visa, or should we marry in Brazil and apply for green card for him from there? Can you please let me know how long this could take and if any of this options doable? Please advice... thanks
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hi. Yes, you can file for a Waiver of his inadmissibility after his interview occurs in Brazil either based on the fiance or a marriage case. However, he is barred for 10 years which will expire in 2 years. You may want to time out a new marriage case filing next year to process after his 10 year bar is up. That would be easier and cheaper than trying to get a waiver. If you file either option now, he will still have to wait 10 -12 months for an interview.
Answered on Aug 08th, 2014 at 3:13 PM