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Immigration Issues/Traveling with a foreign girlfriend to visit the US

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Question
Hi.  I am a US citizen with a Brazilian girlfriend.  I am currently in Brazil on a student visa and I was going to take my girlfriend (of 3 years) to visit my parents with me during Christmas.  After her required visa interview, she was denied the visa.  She is both employed and a student of the Federal University, but she was denied on the grounds of insufficient proof of ties with Brazil.  Also, during the interview, she said that she was going to be staying at the home of her American boyfriend's mom (my mom).  

After the interview, I went back to find out why it was refused to her and was basically told that I was too strong a motive for her to stay in the US and she couldn't prove her ties with Brazil (due to her 23 years of age and no previous travel record).  My girlfriend is welcome to try again but the consular agent told me that it would be very difficult for her to get the visa.   

I was considering mailing a letter to the US-Brazil ambassador to try to have her case reconsidered.  Is there anything else that can be done?

Answer
Yes. What they are afraid of is that she will enter under "false pretense".  Meaning that she really intends to marry you and then adjust status in the USA.  Nothing wrong with this, but you simply should not get a B1/B2 visa when you intend to stay (or if it appears that you intend to stay).  The solution is to file for a fiance visa.  Under such a visa she can go to the USA and visit. If she gets married within a certain number of days, she can adjust to a Conditional Permanent Resident visa. If not she must return to Brazil.  A little more complicated, but I suspect the only way to do it.  

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Alexander J. Hay

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I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".

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I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Education/Credentials
Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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