Expert: Sandra - 6/20/2011

Question
QUESTION: So, I am trying to go to Brasil, but I'm nervous that I will be denied a visa. My situation is a little complicate. My boyfriend of many years was deported and I want to go down there to marry him and see what we can do to try and get him back. I know the visa is only good for 90 days with an addition 90 day extension.

My two questions are really this.. should I tell the consulate why I'm really going to Brasil or should I just say I am going to visit family?

Also, I would like to know if while I am in Brasil, after our marriage, can I apply for a temporary resident visa. I want to be with my husband so we can get our lives back in order. This whole situation has been very hard on us and has really just stopped our lives from progressing foward.

If it helps I am fluent in Portuguese and really have a love for the people and culture.

Thanks for any advice you can give!

ANSWER: Hi Hannah.

I know a lot of people in similar situations to yours. Sadly, although the U.S. government states that a person who has been deported can apply to return, the reality, especially for Brazilians, is that few (none that I've ever heard of, to be truthful) succeed. Therefore, the best advice I can give you is to prepare to live in Brazil for the rest of your life if you wish to continue to live with your boyfriend. Consider carefully what kind of living he can make in Brazil, and what you might be able to do there.

You can go down to Brazil, but you cannot really do anything from there "to try and get him back". This is the job of a U.S. lawyer specializing in Immigration, and further, specializing in the intricate task of writing a petition for an I-601 waiver. The waiver is based on the U.S. citizen's inability to live in the spouse's country. There are reasons of varying weight/seriousness. You should do some research online to see how this works. Try to apply the reasons to your own situation, and you yourself may be able to understand your chances better. The try to find a good (specialist) lawyer who will grant you an initial consultation for free, to tell you about your chances, and the costs involved. Ask how many successful petitions for Brazilians that this lawyer has written lately.

If you intend to marry (knowing that you may be stuck in a marriage that will not get your boyfriend back to the U.S., and that may be costly and complicated to disolve/divorce), have the bf go to his local cartorio to find out what documents they require. Each is an independent private business and often the requirements vary somewhat.) Try to get a list in writing, so the next person can't tell him something different.
It's best draw up a procuracao (power of attorney)at the Brazilian Consulate nearest where you live in the U.S. to allow the bf to act for you in some matters relating to the marriage, before you arrive.
All your documents should be "recognized" and stamped at the Consulate with jurisdiction over where they were emitted. This costs about U$20 per doc.
Then they all need to be translated *in Brazil* by an offciallly recognized translator only. This costs about R$60 per page.
When all is ready, he should submit these docs along with his own to the cartorio and he will be given a marriage date, about 30 days out. Then, and only then, should you think about arranging a flight.

You should apply for a tourist visa. (It is legal to arrive on a tourist visa to get married. Brazil has no fiance visa.) Simply say you are going to be seeing the sights, a tourist, but it shouldn't hurt to say you know people in Brazil. It may just complicate the interview, since the Consulate personnel may try to give you a hard time (reciprocation for what is done to Brazilians trying to get into the U.S. on a visa). You should follow the directions on your Br. Consulate's website to the letter. You will need a printout of your itinerary/flights (you do not have to have purchased a flight, just reserved long enough to get a printout) and the name of a hotel or friend (with address and phone number) where you will be staying for the whole time covered by the flight dates. (Although they may try to give you a hard time, just for "reciprocation", I have never known them to actually call to check.)

After the marriage, you can apply for 'permanencia'. If you apply in Brazil, it will be  cheaper, take a lot longer (a couple of years) and involve a surprise home visit. If you return to the U.S. to apply, the process will be somewhat more expensive, but much faster (a couple of months).

Do research the I-601 visa waiver issue carefully before you make a decision that will probably mean living in Brazil for as long as you remain with your potential future husband.

Best of luck.

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

QUESTION: Sandra,

First, thank you so much for your detailed answer. :)

I am fully prepared to live in Brasil for as long as needed. We do understand how difficult it really is to get the government to waive the 10 year ban, but it's something we feel we need to atleast try. I'm hoping I won't have too many problems at the consulate, but understand fully why they would want to hassle people. It nearly impossible for a Brasilian to get a visa, so it makes sense.

Anyways, my second question is this.. How much is it going to hurt our case for hardship if I am in Brasil? It seems that it would almost obliterate any chances since I am saying there are reasons I cannot live in his country. We want to atleast give it a try, but we don't want to be required to be apart.

Answer
Well, as you understand, the waiver is based on reasons why the US citizen *can't* live in the spouse's country. The various reasons have varying weight. But yes, if you are IN Brazil on an ongoing basis, or have spent considerable time living in Brazil, you have provided proof that, yes, you can indeed live there, and have no reason for a waiver to be approved. A short stay might simply give you reasons why you couldn't stay permanently, but a longer one does indeed destroy your waiver rationale.
Also, be aware that if he entered the US illegally ("without inspection" is the term used) through Mexico (instead of with a visa he overstayed), he has to apply for a second waiver for that.
Another thing you should consider carefully is the considerable expense of the process and the long time it takes for the process to run its course.
Again, although I wish you luck and truly feel for you, do prepare seriously for "as long as needed" to be the duration of your relationship, even if immigration law changes some time in the future (as many have been hoping for quite awhile) for those undocumented Brazilians still in the U.S.
If you are thinking of living in Brazil, you might find the forum of the expat site www.gringoes.com a good one for answers to a lot of questions regarding life in Brazil. (Try to ignore the trolls/idiots who also post there.)
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Waiver Info:
I think this lawyer's site has some good info:
http://www.lizzcannonlaw.com/i-601waiver/

Also look carefully at the levels of "Extreme Hardship" here(scroll down):
http://www.ilw.com/articles/2007,0717-scott.shtm

See what arguments you can make, based on your own life, that fall into the levels described. (I am of the understanding that, for Brazil, if you don't have at least one level one and one level two, forget even applying, let alone any chance of winning.)

There are also examples online of the application letters (successful and not) of others, but check for ones from Brazil, the only ones I would consider applicable.