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Kevin-F.

New to VJ, American born citizen relocating back to US with Brazilian wife

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Kevin-F. Rookie

Kevin-F.   0

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Filed: Other Country: Brazil
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Hi.

I am a US born citizen, married to Brazilian 10 years ago (married in Brazil) with 2 children born in Brazil but both have dual citizenship. We were planning on visiting the US in a week but have decided to make the move permanent. I have not filed taxes in the US for 10 years because of my low income in Brazil I am exempt from even filing in Brazil. Question, can I file for adjustment of status for her while in the US, she will be traveling on a tourist visa. Can my parents co-sponsor her along with letter from my new employer once I start work? My salary in the US alone will meet the financial requirements but I don't have w-2's. Will she need to return to Brazil for documents or for interviews?

Thanks

Kevin

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Mike-eeh and Odie Community Regular

Mike-eeh and Odie   192

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Entering the US on a tourist visa with intent to adjust status is visa fraud. You will have to file a spousal visa for her upon her return home. In the mean time, you can have a co-sponser on a spousal visa, you will need one. In addition I believe you must prove proof of domicile.

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TBoneTX Grand Master

TBoneTX   43,020

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Welcome to the forum. Indeed heed the legalities of anything that you're contemplating.

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(!).

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Kevin-F. Rookie

Kevin-F.   0

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Entering the US on a tourist visa with intent to adjust status is visa fraud. You will have to file a spousal visa for her upon her return home. In the mean time, you can have a co-sponser on a spousal visa, you will need one. In addition I believe you must prove proof of domicile.

Thanks for the input, the last thing we want to do is anything illegal. A spousal visa is a IR1 correct? Can I at least start the process while we are in the states, then once she returns to Brazil to wait for her interview and finish the process?

Thank you very much.

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Velvety Explorer

Velvety   4

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Filed: IR-1/CR-1 Visa Country: Brazil
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She can only stay in the US as much as shes allowed to for her tourist visa. She will have to come back and wait until the process is over. even if you didint make much money you will have to file taxes for all the years you didint file but worked. At the interview they will ask for Last year's transcripts of your taxes even if you have a co sponsor.

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Kevin-F. Rookie

Kevin-F.   0

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She can only stay in the US as much as shes allowed to for her tourist visa. She will have to come back and wait until the process is over. even if you didint make much money you will have to file taxes for all the years you didint file but worked. At the interview they will ask for Last year's transcripts of your taxes even if you have a co sponsor.

Thank you. Will the interview be in Brazil only and will I need to go there with her? Also for her medical part does she need to show her immunization records? She 40 years old and we don't have them and will be near impossible to get them in Brazil.

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Transborderwife Veteran

Transborderwife   4,666

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Thank you. Will the interview be in Brazil only and will I need to go there with her? Also for her medical part does she need to show her immunization records? She 40 years old and we don't have them and will be near impossible to get them in Brazil.

Yes, no, and yes but if she didn't have she can redo her shots.

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Velvety Explorer

Velvety   4

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Interview is only done at the Rio embassy and you (US citizen) dont have to be present. Only her. Immunization record is required to check if she has the necessary shots before entering the USA. If its been lost, she'll have to take them again. The credited doctor specifies which ones are necessary. My husband has his interview in 2 weeks but was able to get his missing shots at our local clinic. All other exams are done by a credited doctor appointed by the embassy.

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Boiler Grand Master

Boiler   43,397

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Start the process today.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Kevin-F. Rookie

Kevin-F.   0

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Interview is only done at the Rio embassy and you (US citizen) dont have to be present. Only her. Immunization record is required to check if she has the necessary shots before entering the USA. If its been lost, she'll have to take them again. The credited doctor specifies which ones are necessary. My husband has his interview in 2 weeks but was able to get his missing shots at our local clinic. All other exams are done by a credited doctor appointed by the embassy.

Thank you, the list below is what the CDC says is required for immigration to the US. In the case that we can not find my wife records and she needs to get them again she had some of these childhood diseases and can not be vaccinated again. Mumps, Measles, Varicella. she has had these. will she be required to take the vaccine again?

  • Mumps, Measles, Rubella, Polio, Tetanus and diphtheria, Pertussis, Haemophilus influenzae type B (Hib), Hepatitis A, Hepatitis B, Rotavirus, Meningococcal disease, Varicella, Pneumococcal disease, Seasonal influenza
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Velvety Explorer

Velvety   4

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Filed: IR-1/CR-1 Visa Country: Brazil
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Thank you, the list below is what the CDC says is required for immigration to the US. In the case that we can not find my wife records and she needs to get them again she had some of these childhood diseases and can not be vaccinated again. Mumps, Measles, Varicella. she has had these. will she be required to take the vaccine again?

  • Mumps, Measles, Rubella, Polio, Tetanus and diphtheria, Pertussis, Haemophilus influenzae type B (Hib), Hepatitis A, Hepatitis B, Rotavirus, Meningococcal disease, Varicella, Pneumococcal disease, Seasonal influenza

Thank you,

How will this help and will it impede our trip to the US this saturday the 28th Nov 2015?

Best to email rio embassy about this once you get to this stage. She can still visit the US for tourist purposes. You need to start the process now since it takes about a year.

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Pitaya Grand Master

Pitaya   2,576

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Welcome to the forum.

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

"Si vis amari, ama" - Seneca

 

 

 

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FabtheFab Enthusiast

FabtheFab   67

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Filed: IR-1/CR-1 Visa Country: Brazil
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Hi, regarding her immumization records, you can try going to the posto de saúde where she used to get her shots as a kid and see if they can issue her a "segunda via" of her immunization record.

It's not guaranteed in all states, but it worked for me. Make you'll get lucky.

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