Has anyone tried to do DCF in Brazil that would be willing to converse a bit with me? Any sense of reasonable time frames to acquire a visa? I would really like to hear about someone´s experience with this process.
Thank you!!

Sara,

, they are super helpful. I think you can DCF in Brasil, but each country (consulate) has different requirements. One thing that's for sure is:
you have to be legally married for doing DCF ,and both you and husband have to reside legally in Brasil (what constitutes legal residence is up to each consulate, some will accept the USC tourist visa, others will require more :i.e. work permit, PR status...). My free advise :he: is to check out the Brasil forum and also the consulate website. Hope this helps.

Good luck and welcome to DCF!!!! We're a bunch!!!
L.

Hey there!

I have an interview at São Paulo Consulate next monday (july 16th), to file for the I-130. I've called them and we schedulle for that day, since my husband's been living here since last september - which classifies him as a resident, more than 6 months... even because, he only has a student visa for Brazil.

Anyway, I think it will be nice to chat, not many people go for DCF in Brazil... at least not that I'm aware of!
Now I'm gathering all the docs I gotta take on monday, so keep writing and we can discuss it!



Mila

hey there
Thanks for the reply! One of the big confusions that I have come across -- and have not been able to get a clear answer from the Consulate -- is whether permanent resident actually means permanent resident or whether I need to have just been in the country for six months. I am here on a tourist visa, but I came with the intent to live with and marry my husband and stay until he gets a visa. The Consulate obviously said that being here on a student visa is permissible proof of residency?
Is your husband from the US? If so, I have another set of questions for you Also, are you guys using a lawyer, and if so, where? I have been talking to a million lawyers, getting different answers, and I am trying to sort it all out. Anyway, let me know what your thoughts are, your experience -- I think it would be extremely helpful to hear from someone who is actually doing it. And good luck on the filing appointment next week! Let me know what happens.

Best
Sara



I didn´t know there was an actual Brasil forum... I will check it out and scout out the site some more. Thank you!
Sara

Hey Sara!

So, the thing is I was also having some problems when talking with the Consulate - I mean the big problem was to be able to talk to them, they seem so unaccessible sometimes! Anyway, I believe if you have a valid visa for at least one year it'll probably mean you intend to stay a while, so when I called and asked about the DCF the lady asked me what kind of visa he had and also if he was in Brazil on the previous 6 months. And so I read on the Consulate web-site - which has been updated lately - and that's when I found the info regarding the residence time: http://www.embaixada-americana.org.br/inde...itemmenu=58#pet ---- "The petitioner must be a resident of Brazil (for at least the preceding six months) and physically present at the Immigrant Visa Unit at the U.S. Consulate General in Rio de Janeiro to file the petition by appointment only." And that was reeeeeaaalllly nice to read, I must say! But then again, there is a condition, as I read: "4) If the beneficiary/United States immigrant visa applicant is not a Brazilian citizen, he/she will have to provide proof of residency in Brazil (note that tourist visa is not acceptable)." So I would consider call them as ask about it just in case...

You also said you're on a tourist visa, which can make it complicated - they could say you came with false pretenses, maybe? Go figure, the brazilian embassy was a handful for Tom to get the visa! Have you thought about changing it in the meantime? Maybe ask for a change of status would help? When we first decided Tom was gonna come here - yes, he is american! - we thought the student visa would be the best choice for some reasons: he would feel obligated (by me! ) to go to school - he's doing great with portuguese! - and also that would allow him to stay longer (one year at least) and perhaps even extend the visa later on, if we wanted to!

Anyway, he asked me to marry him in february and soon we started to plan where we would settle. We thought that for now would be best to go back to the US, even because he still have some stuff to take care of there - and also his sis and brother in law just had a baby and he wants to meet the cutie!!! SO, I read a lot about the immigration process and was real confuse. When I heard Brazil wasn't doing DCF anymore I got real bummed out, but fortunatelly not for long, because they updated the embassy web-site with good news to all of us in this situation!!

We gathered the papers, went to the civil registration office and got ready to marry... it was simple, just signature and stuff, even though he wanted the whole shebang - which I don't think it's our main concern right now - let's let the party for when we have our minds worry-free - hopefully sooooon!!!!

Now we are again gathering some more papers to take there on monday - I'm calling them again to check if I have all the docs - they have a machine answering, they say a whole list of the docs, kind of an after hours answering machine - that might help. We are not using legal help - in my town I don't even know if there's attorneys that deal with immigration issues... I just read a loooooot and try to keep all the good info.

I would right some more about it right now, but Tom is asking me to shut the computer so we can talk a bit before going to bed! Hahaha! Every day I'm the one asking that, and now that he saw I actually have something to write he gets all jealous! Hahaha, that's my baby... rsrsrs.

Oh well, I guess I'll come back tomorrow and we can talk some more! In the meantime, feel free to ask me what you want to know, ok? I'll be happy to help with whatever I can!

Good night!


Mila

Hi guys,

I didn't do a DCF (I might eventually, cuz my husband can't seem to want to stop at one place for too long!!), but here is my input.
I think you should try and set an appointment at the consulate and ask all the questions you possibly have. I don't know if doing DCF is the proper way for you to do it, but I can understand why you'd want to do it that way. The fact that you've been here on a tourist visa might be a challenge, because it shows that you are NOT a resident in Brazil. And as far as I can understand, that is a requirement. The reason why people do DCF is because they are living in Brazil, meet someone, get married and then want to move back to the US. Don't try to play them....they won't allow it!! Believe me, it happened to me!

My husband and I did a CR1 and it took us 11 months. But we ran into lots of problems, so it should have taken a little less (8-9 months). I know that's a long time to be apart and fortunately we only had to do it for 4 months. But that might be a better way for you. If you can afford to be in Brazil for the duration of the process and prove that you have enough income to support both of you once you get to the US, it will be easier on both of you.

Anyways, I don't want to burst your bubble, just to prepare you. This process is a pain in the a$$ but it's all worth in the end!!! Good luck!

Hi Sara!

I am also filing the I-130 petition in the São Paulo Consulate next week for my Brazilian husband. It is my understanding that you can file the I-130 in any state that you are located, but you have to have your final interview in the Rio Consulate. Is that what everyone has been told as well?

I have been dealing with the US Consulate in Rio for all my questions via email, as they tend to handle more DCF cases and are far more clear in their emails vs. the telephone (at least in my experience). I also don't have a lawyer and have been trying to do as much reading on the net as possible.

I, too, had the question of what constitutes a resident in Brazil. I am on a 2 year work visa and they said that was proof enough of being a resident, since I have been living in the country for more than 6 months. I am not sure regarding a tourist visa, but I would suggest sending an email and asking. The Consulate in Rio told me that the process is taking about 3 months to complete.

Sorry, that I was not able to help more, but I would love to stay in contact and chat with you all on all of our journeys regarding the DCF process in Brazil.

Best,
Brandy

Hey Mila!

Thanks so much for the detailed reply... I am feeling a bit lost with all of this stuff, and all of the different answers I am getting from lawyers and the consulate. It´s confusing to say the least. So it helps a lot to hear from someone who is going through the process. I do have trouble getting in touch with the Rio Consulate; I find their emails cryptic and it´s so expensive on the phone and I get put on hold when I try.

I don´t think that I can apply through the Consulate while I am here on a tourist visa. I am planning on applying for Permanent Residency soon, so that I can change my status... but I still don´t know if this qualifies me to apply here. Argh.

Anyway, I met my husband, Rodrigo, last summer when I came to Brazil on a trip with my capoeira group... we talked for an hour or two on the phone every day (until I actually moved here). I came back in November and in January (when he proposed), and then at the end of February I moved. And here I am! I love Brazil, but I do want to go back to the States eventually, for grad school, so he can meet the rest of my family, and because it´s easier to find a job there :smile: That´s my only complaint about Brazil so far... it´s hard to find a job. But at least my Portuguese is improving!

Anyway, I´m not even sure what questions I have anymore, because I don´t even know where I am supposed to file this petition!

Well, here is one: I know that two of the big issues with US residents living outside the US is (1) either having a residence in the US or proving the intention to return the US with your spouse and (2) providing proof of financial support for the foreign spouse (affidavit of support). What are you two doing about this?

Okay, I will think of more questions. Thanks! And yes, now Rodrigo is dragging me off to get ice cream. I will check back tomorrow. Tchau!

Sara

Hey Brandy,

I have heard the same thing... that you can file the petition at any Consulate, but the interview takes place in Rio. I have read a lot of reviews of people that have gone for interviews in Rio, and it seems like the interviews are short and sweet and generally go well assuming everything is in order, which is reassuring.

And any sort of reflection on people´s experiences is helpful, since this process tends to be confusing and stressful. (And I haven´t even filed my petition yet!) I hve been reading a lot on the internet as well -- there is a lot of helpful information. The original petition looks pretty straightforward, but I know that I will need help figuring out the affidavit of support bit... I just don´t want to have any setbacks you know?

Anyway, thanks for writing and let us know what happens with the filing next week!

Tchau!
Sara

Hey Alix,

I realize the tourist visa is a challenge... I am going to see if I can get a change of status from the police while I am waiting for my permanent residency (which I am planning on applying for soon); I just don´t know if the previous six months count, or if they only begin once I have changed my status. It´s a bit frustrating, since I would really rather go through the Consulate.

I am hoping that I don´t have to go back to the US and wait by myself until the visa comes through. I am going to try to avoid that if possible -- it´s just too much of a strain.

I assume you went through the USCIS for the visa? Did you use a lawyer? If so, do you recommend him/her?

Thanks for your input! Tchau!
Sara

Hey Mila!

How did the initial petition interview go? details!

best, Sara

Hey Sara!

I'm real happy right now! Everything went just fine!
We left my hometown Sunday night and were suppose to get to Sao Paulo around 7am... it was 8:50am when we finally got out of the bus!
So we ran to the restrooms to change - the bus's one was a real pool - GROSS! - besides that the bus was great, we slept most of the way! Anyway, we changed real quick and run to the taxi cabs. It was raining and, for those who don't have this info, SP is a piece of HELL when it rains!

Rain + SP = Traffic = Getting super late!

SO we got at the Consulate just 10 minutes before our schedulled interview. Luckly we had to go to a different section and were able to skip that whole line - lots of umbrellas in line! We went through security, everything went ok. They told us were to go and we went straight to the American Citizens area - a covered-walled-air.conditionated-water.fountain.equiped-soft.sittable.chairs room! Completly the opposite of the area where we have to go to get a non-immigrant interview. But that's not the point now...

We got a number there and waited to be called - there was just another lady there, with her husband and two kids... soon a brazilian - not very polite - lady came to see us and asked all the docs - not even half of what I had with me... let me see, she asked:
- Form I-130
- Form G325A of each one of us (funny that she returned me the other 3 pages of that form )
- Marriage certificate
- My birth certificate
- His divorce decree
- Simple copy of his passport
- His original passport and mine
- His passport style pic and mine
- Protocol of his RNE (it's taking almost one year to be ready, so we only had the protocol and it was fine)
- Proof of his residence in Brazil (we took his contract with the school he attends and copy of his passport with the entry card - no leaving-the-country stamps yet!)

I think that was it... then she checked all and gave us a paper to go to the cashier and pay. US$ 190,00 later, and we went back to that nice room, so the lady told us a Consul would see us in a bit... After 5 minutes waiting, a mid-aged lady called us by our names and we went to her window. There she received us with a big smile and a good morning. She spoke in English the whole time and made some questions to Tom. She asked how long he's been here and why he decided to study portuguese... also how was his portuguese and our plans to when we move to the US. All went pretty nice and finally she told us she would send that through and we will recieve news about it soon and also some paperwork to fill - of course!

After leaving the Consulate very relieved, we took a cab to Morumbi Shpopping - it's real close but we decided not to walk, it was raining still! We got to the mall and had an american lunch - we ate at Applebees!! Tom was craving the BleuCheese steak for a long time, and poor baby, they didn't serve that anymore Anyway, we walked around for the afternoon and had Starbucks - my turn to crave! Boy, was that good or what?! Hahahaha... I also had to do the thing I do whenever I go to a mall: get me a book! This time was a Las Vegas Travel Guide and brand new edition of a USA Travel Guide. Both from DK - I love those, have you guys seen those? Nice ones!

After a relaxing afternoon - which I thought it would be more tiring - we took another cab to the bus station and after one hour we were boarding back home. Took a nice nap and went back to work in the morning!

I think it was nice... now is just wait and try to get some things done in advance, like forms and things like that... just in case, you know?

Well, I think that's it! Now I'm gonna go to bed, I'm very tired and can't wait to stretch my legs, hehehehe!



Nighty-night!

Mila

Hey Mila!

I am very glad that everything went well at the Consulate... I personally get really stressed out when I am running late, especially somewhere important, although things usually turn out fine, as they did for you (although what also is funny and frustrating at the same time is that where I am in Brazil, in the NorthEast, no one is on time anywhere, half the time, places don´t open on time, and everyone is slow to do everything -- Rodrigo is from Sao Paulo originally, and he complains about this all the time. To give it some credit though, it IS beautiful here and the beaches are clean and pretty.)

Anyway, all that stuff she asked you for sounds about right. It sounds like it wasn´t too painful of a process, and more or less what you would expect So yay! I am interviewing lawyers and waiting to hear the final word from Rio on whether or not I can apply through the Consulate (although a sinking heart tells me probably not, since I have been here on a tourist visa and not one more permanent)... and I intend to get the ball rolling with my I-130 next week. whew.

I just applied for my Brazilian permanent residency today, so I won´t be illegal when my tourist visa expires next month, and they also will give me work authorization... so that´s nice. It might come in handy if we ever want to move back here also.

Out of curiosity, here are a couple of slightly tricky issues that I have to figure out -- and I would guess that Tom will too. Since I am in Brazil, I have the `where are we going to reside when we return to the US` -- I don´t own an apartment, so I will have to find one to rent when we get there... and I am not employed currently in the US, since I am here, so the Affidavit of Support may be tricky (although i think that can be solved with a co-sponsor). Anyway, do you guys have thoughts on this?

Also, wow, I haven´t seen a Starbucks since I left the airport in New York. That seems like a whole other world -- the world where Starbucks exists and the one where - amazingly - it doesn´t. I like their chai tea myself.

Anyway, congrats on the first big step! Keep me updated and let me know your thoughts! Have a lovely night

Sara

We married in Brazil in 2006. I (US Citizen) applied for and obtained permanent residency in Brazil after marriage. I am on my third 6-month renewal while waiting for the final residency card. Marriage and residency can be quite a process. The correct documents filed at the correct offices can be quite a challenge. In my reasearch I found that the permanent resident visa is what the foreign resident needs to have in order to file the I-130 petition while living in Brazil. For various reasons, I chose to return to the US to apply to bring my wife to the US. When we first wanted to apply USCIS discontinued taking I-130 petitions at the consulate offices. By the time they reinstated the normal program I was already in the US but I did reasearch the option to apply at the US Consulate while having foreign residency in Brazil. To the best of my knowledge, a USC must have the permanent residency visa and be living in Brazil with their spouse.

Hey,

Thanks very much for your reply. The hardest thing I have been trying to figure out - and have not gotten a really clear answer on yet - is whether I need only to be residing legally in Brazil or whether I need acutal permanent residency. I had been coming to the conclusion that I needed acutal permanent residency, and it is good to have confirmation (although that unfortunately means that I will need to go through the US - but at least I know it´s the correct place). Are you still waiting to get a visa for your wife or have you successfully managed that already? Thanks for the input.

Yes, it's confusing, and just to add to the confusion, I've gotten different answers from the attendants who answer the phones in Rio's Immigrant Visa Unit--I'm kind of in the same boat as all those who came on tourist visas, got married, applied for residence, but don't yet have it. I explained all this to the attendants (three times by phone and twice by email). I get a different "response" every time and never a straight answer--at the end of it all, the attendants (who are not immigration officials--meaning they don't make decisions, just pass along information) couldn't give me a "decisive answer" for my gray situation. So they advised me to schedule a window interview to ask these questions. Which, if you live near a consulate makes sense--but if you live 18 hours away (like I do) then it makes more sense to do as much research as you can, put together as convincing of a case as you can, and then try and petition (which I'm going to do this month).

If you want the details of my phone conversations and email correspondence, read below:

Phone call 1:
Me: Hi, I'd like to know if I'm eligible to apply for a CR1 visa for my husband from Brasil.
Attendant: Well, are you a resident of Brasil?
Me: I've been here since January 2007. I came on a tourist visa, got married in June, and applied for my residence in July. But my residence won't be approved for 1-3 years.
Attendant: Hm... you applied for your residence in July... Do you have your original plane ticket from when you arrived?
Me: Yes, and I have my protocolo and me and my husband have been renting a house here since January.
Attendant: Yes, you can petition for your husband. You can schedule an interview in Rio or in Sao Paulo.
Me: Ok, I will call back to make the appointment.

Email 1:
Dear Miss,
If you were a resident of Brasil then you could file a CR1 visa for your husband from Brasil. Otherwise, you must file through the USCIS in the United States.

My Email Response:
Thank you for your reply. I do not have an RNE (permanent resident number) but I have applied for my permanent residency in July of this year and I have a Protocolo which allows me to reside in Brasil. Can I apply for the CR1 in Brasil if I don't yet have an RNE?

Email 2:
In response, I advise that you schedule a window interview at the Consulate and speak with a Consular official about your situation.

Phone Call 2:
Me: Hello, I would like to know if I'm eligible to petition for my husband's CR1 visa in Brasil?
Attendant: Are you a permanent resident?
Me: No, but I applied in July.
Attendant: In general, you must be a permanent resident.
Me: Well, I've been living here since January of this year...
Attendant: The point is that we don't want Americans coming to Brasil just to make a CR1 petition. The law says that the petitioner must be living permanently in Brasil for at least 6 months.
Me: Ok, well, I haven't lived in the US for a few years now.
Attendant: Where did you live before?
Me: My husband and I lived in New Zealand and I came to Brasil on a tourist visa...
Attendant: Then, no, in general they would not accept a case like yours.
Me: Well, thanks that's what I wanted to know.

Phone Call 3:
Me: Hello, I would like to schedule an interview to petition for my husband's CR1 visa.
Attendant: I'm sorry?
Me: I was told that to petition for my husband's CR1 visa I need to mark an appointment.
Attendant: Ok... are you a permanent resident?
Me: No, but I applied for my permanent residency.
Attendant: So you applied for your permanent residency and now you want to live in the U.S.?
Me: Yes. My husband and I intended to live here in Brasil, but just recently I 've received news from my family in the US and it looks like we will have to move back to the U.S. now
Attendant: Have you been living permanently in Brasil for 6 months?
Me: Yes.
Attendant: Do you have all the documents that we need to see when you come for the interview?
Me: I have the I-130 form,
my passport & birth certificate to prove my citizenship,
my Protocolo to prove I've been living in Brasil,
two of form G325A--one for me and one for my husband,
my husband's birth certificate and copy
my marriage certificate and copy,
and one color passport photo for both me and my husband.... Is that everything?
Attendant: Yes... so what is your husband's last name?
Me: [Husband's last name]
Attendant: And his first name?
Me: [Husband's first name] It's not a problem that we don't have the same last name?
Attendant: No, we just put the appointment in the name of the beneficiary.
Me: Ok.
Attendant: Ok, your appointment is for October 22 at 1:30pm.

------------------------------------------------------------

So--as you can see, there IS a clear answer for those with permanent residence, and that's YES, you can apply for your spouse's DCF.
But if you don't have it yet (because paperwork takes so damn long in Brasil), you'll have to make a case for your having lived permanently in Brasil. For the first phone attendant, it didn't bother her that the majority of my time in Brasil was on a tourist visa--the fact that I came, stayed, applied for Brasilian residency was enough for her. For the other attendants they were a bit more wary about my situation--as soon as I said "tourist visa" to one phone attendant she cut me off and said, "No, they won't accept it in general." But when I called the last time, even though the attendant had hesitations about whether I qualified, she asked the questions she was supposed to ask, made the appointment, and now it's up to the official who conducts our interview.

And in reality, I'm going to bring a lot more with me to show that I've been living here "permanently"--contract of our house's rental agreement, letters from the volunteer group that I have consistently participated in since I got here, my protocolo, and of course, a good story to put it all into context (sudden change of plans AFTER applying for my residence, and not so much premeditated jumping around the world to find fastest way to get husband to US). Because if the attendant is already asking questions about my intentions to do all that i've done, then the consular official will probably do the same! I can just imagine now: Why did you come to brasil on a tourist visa if you knew you wanted to live here?

But the other thing is, if you can afford to wait, I would put some space between you and your tourist visa status--one gringo told me that I would have to wait 6 months from the date I received my protocolo, but maybe if I make a good case for myself they'll make an exception for me... which is essentially what this law leaves room for... lots of exceptions.