visa procedures, a question

[Illusion1 0]

Well, me and my wife have been living in Brazil for the past 5 years. On all the guides we read about the IR1/CR1 visas, it always talks about the us citizen filing this and that while being in the US. Is it a requirement? My wife (the US citizen) has a house of her own in the US, and she can move back to it at any time. Apparently we'll have to file everything through mail. The consulate here in brazil doesn't let you file for visas at the consulate anymore, except in specific cases.

I was wondering if we try to talk to them about our case, like how we're already 5 years together and she's pregnant atm so it would be terrible if she had to go back to the US alone, or if such services are reserved to cases worse then ours.

Also, about the interview, can she be there as well or do I have to go alone?

Ty so much in advance

[dwheels76 5,459]

Well, me and my wife have been living in Brazil for the past 5 years. On all the guides we read about the IR1/CR1 visas, it always talks about the us citizen filing this and that while being in the US. Is it a requirement? My wife (the US citizen) has a house of her own in the US, and she can move back to it at any time. Apparently we'll have to file everything through mail. The consulate here in brazil doesn't let you file for visas at the consulate anymore, except in specific cases.

I was wondering if we try to talk to them about our case, like how we're already 5 years together and she's pregnant atm so it would be terrible if she had to go back to the US alone, or if such services are reserved to cases worse then ours.

Also, about the interview, can she be there as well or do I have to go alone?

Ty so much in advance

There's paperwork she will submit later on down the road to re-establish domicile. She has to show The US immigration she has every intention to moving back. No she doesn't have to go back alone. Some go back ahead of time to start job or set things up.

Unless you have assets or such. You would need a co-sponsor also. But that also is later down the road when you are at NVC.

Right now yes you would submit your I-130 petition to the Chicago Lockbox. Since you re filing out of coubtry it may get processed faster but expect 8 to 12 minth s from start to Visa in hand for the whole process.

And yes your embassy allows the petitioner to be there. I don't know by your side when interviewed but they can go in with you.

[jafreitas 1]

Well, me and my wife have been living in Brazil for the past 5 years. On all the guides we read about the IR1/CR1 visas, it always talks about the us citizen filing this and that while being in the US. Is it a requirement? My wife (the US citizen) has a house of her own in the US, and she can move back to it at any time. Apparently we'll have to file everything through mail. The consulate here in brazil doesn't let you file for visas at the consulate anymore, except in specific cases.

I was wondering if we try to talk to them about our case, like how we're already 5 years together and she's pregnant atm so it would be terrible if she had to go back to the US alone, or if such services are reserved to cases worse then ours.

Also, about the interview, can she be there as well or do I have to go alone?

Ty so much in advance

I am the US citizen and i have been living in Brazil or sometime now, I filed I-130 from here to the Chicago Lockbox and my case took less than a month at USCIS (with no RFE´s).

Your wife may go to the interview with you, it doesnt mean they will ask her any questions, but they can.. (I heard they encourage couples to go together. I will go with my husband to his interview.)

[Illusion1 0]

There's paperwork she will submit later on down the road to re-establish domicile. She has to show The US immigration she has every intention to moving back. No she doesn't have to go back alone. Some go back ahead of time to start job or set things up.

Unless you have assets or such. You would need a co-sponsor also. But that also is later down the road when you are at NVC.

Right now yes you would submit your I-130 petition to the Chicago Lockbox. Since you re filing out of coubtry it may get processed faster but expect 8 to 12 minth s from start to Visa in hand for the whole process.

And yes your embassy allows the petitioner to be there. I don't know by your side when interviewed but they can go in with you.

Yeah, my wife has no income so her parents will sponsor us. One of the problems is that when she was leaving the US, she got told by a tax agent that she wouldn't have to fill up taxes while she was over here in brazil, since she doesn't have any income. Idk if that was ok or not, but now we're gonna have to find a way to file tax returns for the past 3 years. I've heard a few times that you can include a letter explaining why she didn't file tax returns, would that plus the updated tax returns be enough?

Edited January 29, 2015 by Illusion1

[aaron2020 11,651]

If your wife had no income, then she was not required to file tax returns. You do not need to file tax returns if her income was zero. You can just send in a statement that she was not required to file.

[Illusion1 0]

Thanks for all the help guys!

We gave IRS a call and they will send us a document stating that in the past 3 years my wife wasn't required to file tax returns, so that should be enough.

But something that we're worried about is how we can prove domicile and if that would be a problem during the process.

We have a lot of proof regarding that, as my wife's US address (her parents home) is the same address that is on all her personal and financial info.

That includes the US bank account that she owns (and still makes transactions with it monthly), credit card statements, drivers license, car plate/insurance, tax receipts, everything. It's also the location we'll go to as soon as we get to the US.

Would that be enough? Do we have to mention this at all and include copies of statements etc or should be fine and we can fill the forms like normal?

Edited February 1, 2015 by Illusion1