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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

miketexas
My question is I am in Brazil on a tourist visa and getting married in May... Can I still submit the paper work for the K-3 visa here in Brazil at the american embessay instead of going back to texas to fill at the service center?

Also once i get married on the tourist visa what happens can I stay longer past my 6months...we cant get much out of the Federal Police here in this city.
terri o'neale
QUOTE (miketexas @ May 3 2006, 07:30 PM) *
My question is I am in Brazil on a tourist visa and getting married in May... Can I still submit the paper work for the K-3 visa here in Brazil at the american embessay instead of going back to texas to fill at the service center?

Also once i get married on the tourist visa what happens can I stay longer past my 6months...we cant get much out of the Federal Police here in this city.


Could you please clarify some things. You are in Brazil? Getting married in Brazil? Want to bring your spouse to the US? If that is accurate then perhaps you should check out the DCF Forum, Direct Consular Filing. It is the fastest way, but very hard to qualify for. But if you just might. You will need to check out the Embassy there to find out.
miketexas
Sorry Yes I can be a little more helpful. I was in a hurry lastnight. Yes, I am in brazil and on a tourist visa will be married in brasil in the state of S.P. Our plans are to bring her to the USA.

Can you tell me a little more about this DCF

thanks for your time.
Reba
there's a forum here at VJ for Direct Consular Filing, if you're eligible that'll be your quickest route. That'll get your spouse a green card, not a K3. However, if you're not eligible, you'll have to fle the I-130 to the service center in the US for your geographic region of your residence in the US, adn then the I-129F to Missouri. You can't file an I-130 for K3 at a foreign post I don't think.
aussiewench
Here is the link for the DCF Guide http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf which you can at any time find in the Guide Tab at the top of each page.
Yodrak
Reba,

Incorrectly stated as the I-130 petition is not for a K3 visa.

Or did you mean to write I-129F? In which case you are correct, I-129F must be filed with the USCIS in the USA.

Yodrak

QUOTE (Reba @ May 4 2006, 10:25 AM) *
.... You can't file an I-130 for K3 at a foreign post I don't think.
meauxna
QUOTE (miketexas @ May 3 2006, 05:30 PM) *
My question is I am in Brazil on a tourist visa and getting married in May... Can I still submit the paper work for the K-3 visa here in Brazil at the american embessay instead of going back to texas to fill at the service center?

Also once i get married on the tourist visa what happens can I stay longer past my 6months...we cant get much out of the Federal Police here in this city.

http://www.embaixada-americana.org.br/inde...itemmenu=58#pet
Filing an immigrant visa petition (I-130) is the first step in the immigration process. If you are an US citizen residing in Brazil, you can file a petition for an immigrant visa for your Brazilian spouse, parent (if you are over 21 years of age), or child under 21 years old.
In exceptional emergency circumstances, an American, non resident of Brazil may file petitions at the Consulate (for spouse, parent, or unmarried child under 21 years of age). Proof of the emergency involved will be required at the moment you file.
------
Bolding is mine. I do not think you will be allowed to file at the Consulate, but you can always try. If they say no, you must mail your petition to the US.
If you want to also petition for the K-3 (may be faster, may not be) you can do so after you have proof of the I-130 being filed.

It is not likely that your wife will be coming to the US within the 6 months of your tourist visa. She will have to provide your financial info at her interview(s) so make sure that your time out of the US will not affect that.
Speak to an expat American in Brazil about how to extend your tourist visa. You may not be able to stay in Brazil longer than 6 months, or you may (from being married--you'll need a new permit tho).
miketexas
Thank you everyone for your great replies. I think what I will do is Get married in May in Brasil and then apply for naturalization. I found out today I can stay longer if i apply for this while we wait on the K-3 petition. I also found out today that Yes i must send my k-3 petition the I-130 to texas. I can just have someone from my family it mail it for me. Lord willing all will work out.
Carol&Marc
QUOTE (miketexas @ May 4 2006, 10:42 AM) *
Thank you everyone for your great replies. I think what I will do is Get married in May in Brasil and then apply for naturalization. I found out today I can stay longer if i apply for this while we wait on the K-3 petition. I also found out today that Yes i must send my k-3 petition the I-130 to texas. I can just have someone from my family it mail it for me. Lord willing all will work out.

Be careful! USA doesnt accept dual-citizen... So, Im afraid if you naturalize brazilian citizen, you may loose your US citizen... Im not sure... Someone could clarify if Im right???

Carol unsure.gif
zyggy
QUOTE (Carol&Marc @ May 4 2006, 02:36 PM) *
QUOTE (miketexas @ May 4 2006, 10:42 AM) *

Thank you everyone for your great replies. I think what I will do is Get married in May in Brasil and then apply for naturalization. I found out today I can stay longer if i apply for this while we wait on the K-3 petition. I also found out today that Yes i must send my k-3 petition the I-130 to texas. I can just have someone from my family it mail it for me. Lord willing all will work out.

Be careful! USA doesnt accept dual-citizen... So, Im afraid if you naturalize brazilian citizen, you may loose your US citizen... Im not sure... Someone could clarify if Im right???

Carol unsure.gif



The US does not recognize the taking of another citizenship as intent to give up your US Citizenship. Actually, getting rid of US Citizenship is quite difficult...

It is true that the US does not recognize Dual citizenship.. but in the effect that the US Governemnt does not recognize your other citizenships in your dealings with them.. (like for taxation, entry into the US, etc.)
meauxna
QUOTE (miketexas @ May 4 2006, 10:42 AM) *
Thank you everyone for your great replies. I think what I will do is Get married in May in Brasil and then apply for naturalization. I found out today I can stay longer if i apply for this while we wait on the K-3 petition. I also found out today that Yes i must send my k-3 petition the I-130 to texas. I can just have someone from my family it mail it for me. Lord willing all will work out.

It looks as if we all answered on the assumption that you are a US citizen. Are you? Are you talking about taking Brazillian citz or naturalizing to US citz?

You should investigate the dual citz rules for Brazil; there does not seem to be a clear understanding of it here.

You are wrong about where the different petitions go; I think you had better do some more reading before you mail or do anything. Lord willing won't be enough to get your case through if you file it incorrectly.
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