Expert: Ken Rapoza Cruz - 11/12/2009

Question
QUESTION: I am a U.S. citizen who plans to marry a Brazilian citizen. He entered the U.S. illegally and remained for 6 years. He returned to Brazil in 4/09. Our ideal situation would be for him to return to the U.S. and live here in Boston together. When I met with an American lawyer, I was informed the process of getting my fiance back to the U.S. could take up to ten years! What are all of my options? (If any) A side note I have dual citizenship U.S./Ireland

ANSWER: Why ten years? Did he tell you about getting a fiance visa? Why dont you go to Brazil for a while, and marry him there? You have been without him since April? Was he deported? Lots of questions still need to be answered before I can help.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your reply. Here are some further answers that will hopefully help. The lawyer said that because he entered illegally and stayed in U.S. the penalty is up to 10 years to re-enter legally. I was told the fiance visa was not an option because he was here in the country. The visa is geared towards people who have never entered the U.S. I am going to Brazil in January. Yes I have thought of getting married and living in Brazil for a couple of years. However I do not wish to be there for as long as ten! Nor does my boyfriend. No he was not deported. I hope that this helps and thanks again for your help!  

Answer
Why on earth did he go back to Brazil in April if he was not deported? Now you have a guy who has commited visa fraud and yoru lawyer is right, he will not get a new visa by the US consulate. Unless he gets amazingly lucky.

>>He returned to Brazil in 4/09.>>

Right, a fiance visa is only for someone overseas, but he IS overseas, so why cant you get the fiance visa now? Hmmmm. Now that I think about it, I think hisi chances of getting ANY visa are limited. He should not have left. :(  Your only recourse now is to marry him in Brazil, or fly him to Ireland and get married there, legalize it with the US consulate in Ireland. But, Angela,that seems like a MESS! To get all that paperwork done will take you MONTHS. Where are you going to stay in Ireland? Can you both stay there? Can he leave a job for that long? Can you?

Love conquers all...but right now, the law is hte law and it looks like the easiest way is to go to Brazil for a year and get married. OR, you ask your lawyer if you get married in Brazil and register that marriag with the US Consulate, if he can get a permament visa despite his visa fraud.

That is the logical next step.