Jump to content
Luke14789

Confused on few things (Brazilian GF + Soon to be USC)

14 posts in this topic

Recommended Posts

Hello guys,



I’ve been around this website and checked out most of the Visa Guides, which have all been immensely helpful. Thank you so much for this great resource, however as you may know, lot of these things are on case-by-case basis, so naturally I have few questions which are puzzling me, and I’m hoping to get some insight here.



I’ve known my Brazilian girlfriend for over a year, I live in the US (currently on Green Card) and next month I will become US Citizen. She is Brazilian, living in Brazil, however she has been visiting me roughly every 3 months.




My girlfriend is currently on F-1 Visa doing a 2-month full time English course here in US, after that she needs to go back. She also has her US travel Visa, which has about 4 months remaining.


Our time is running out, it’s very hard for her to find an employer that will sponsor her. So I started thinking about K-1/CR-1 visas.




This stuff is super confusing, so I had few questions.



1. If we wanted to do the CR-1 route, can we get married here in the US on her travel visa? There seems to be some conflicting information about this on the internet.



2. Does she have to stay in Brazil for the period until she gets the K-1/CR-1 gets granted? Or can she be in US on her travel visa in meanwhile?



3. Is she able to be in the US on either travel visa/F-1 student visa, while K1/CR-1 is being processed?




- Cost aside, we would like to do this as quickly as possible, so she can start her life with me here in the US. I understand the EAD takes about 3 months after the visa has been granted, but the K-1 overall takes less than the CR-1, so which do you guys think would be faster?



Since I’m so new to all this, which visa would you most recommend for our situation ?



Thank you in advance to anyone willing to read my post and answering,


Much appreciated



Lukas


Share this post


Link to post
Share on other sites

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Hi,

The quickest and cheapest route does not involve a visa. Simply wait until next month after you get your US citizenship and file for her adjustment as your wife. It will take 3 months to get her EAD/AP card and about 6 months for her green card. She must stay in the US until she gets her AP, otherwise she will not be allowed back in without a spousal visa (which takes a year).

Best of luck.

Share this post


Link to post
Share on other sites

Hi Aaron2020,

This is unknown to me. Is this different from the CR-1 Spousal route? If so, what is this process called? And is there anywhere I could get more information on this?

Thank you

Its called fraud.

Coming here with the intention of marrying and staying is visa fraud.

Do the CR-1 if married or K-1 if fiancee

Share this post


Link to post
Share on other sites

She is already in the US. It's legal for her to adjust as the spouse of a US citizen.

Where is the fraud?

They aren't married now.

She travels "back and forth" to meet him.

They have been a couple for a year, but suddenly because she's here on an F1 and he just happened to get citizenship they stumbled onto marriage (Like they never had intent to marry).......

Share this post


Link to post
Share on other sites

Hi Aaron2020,

This is unknown to me. Is this different from the CR-1 Spousal route? If so, what is this process called? And is there anywhere I could get more information on this?

Thank you

As a US citizen, you can file to adjust her wife's status.

Read the instructions for Form I-130 and I-485. You will need to file both.

Follow this Guide (ignore the K1-K3 bits): http://www.visajourney.com/content/k1k3aos

Follow this subforum; http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Best of luck.

Share this post


Link to post
Share on other sites

They aren't married now.

She travels "back and forth" to meet him.

They have been a couple for a year, but suddenly because she's here on an F1 and he just happened to get citizenship they stumbled onto marriage (Like they never had intent to marry).......

She is here now. She can simply get marry and adjust, the law allows it.

Previous trips are judged on the intent on those trips.

What a plan - date someone for several years before getting marry and adjust to live in the US.

Where is it illegal to have the intent to marry?

The intent to immigrate is irrelevant. Suggest you read Matter of Batista and Matter of Cavazos.

Edited by aaron2020

Share this post


Link to post
Share on other sites

Gosh, it was never my intention to create this argument guys...

Not for a second did I consider doing anything illegally.. I will do either the K-1 or CR-1 without a doubt, just have to figure out which will be the best according to our situation.

I did have other questions in regards to this in my first post, but I guess this topic is now way off....

Share this post


Link to post
Share on other sites

Gosh, it was never my intention to create this argument guys...

Not for a second did I consider doing anything illegally.. I will do either the K-1 or CR-1 without a doubt, just have to figure out which will be the best according to our situation.

I did have other questions in regards to this in my first post, but I guess this topic is now way off....

There is an opportunity for her to legally stay after marriage and you getting US citizenship. Don't let ignorant people dissuade you. Look at this subforum for many people with situations similar to you who have successfully gotten green cards; http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Share this post


Link to post
Share on other sites

Three participants in this thread have been subjected to administrative action for violating this item in the VisaJourney Terms of Service:

"Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users."

Although this thread will remain closed to further comment, the OP (Luke) is welcome to read and participate in the other forums that were recommended above.

Luke, apologies that you walked into an unexpected firestorm. Most threads here are a lot calmer. :)

TBoneTX

VJ Moderation

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×