I am Brazilian and I lived in the U.S for 12 years, I have SS# and drivers license, but I don't have a Green Card and I never had any problem with the law in the U.S but I overstayed my visa Now I live in brazil and I met an American Girl and we are planning to get married here. what I have to do to change my status? Can we file all the paper work from brazil? so we can move back to USA.
I agree with Atty Behar.
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If you've maintained valid nonimmigrant status in the US for all these 12 years, then the simplest (and fastest) way is for your fiancee to sponsor you for a K-1 fiancé visa. I however, doubt you did, and for so long (even a Swiss national couldn't have managed that for 12 long years.. let alone a Brazilian..)
In that case the only way will be for your girl friend to come to visit you in Brazil, marry you there, then return to the US and file a petition to immigrate you as her spouse. It won't be easy (or short) if prior to departing the US you accumulated more than 1 year worth of "unlawful presence" (easy to do in 12 long years) and thus triggered the 10 "bar" (not where you drink, but "prohibition"), rendering you inadmissible to the US for 10 years from the date you departed. In that case your spouse will need to file "extreme hardship" waiver(s) on your behalf. No easy task. Best for GF to consult with a local immigration lawyer prior to deciding to embark on her Brazilian odyssey, to see if it's going to be something you both could stomach.. Best wishes.
It sounds like you overstayed your visa and are barred from returning to the U.S. for 10 years. If the 10 years have already passed, your US spouse can simply file an immigrant visa petition for you and you can return to the U.S. as an immigrant. If not, you will need to get special permission, called a "waiver" to return to the U.S., based on extreme hardship to your spouse.
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