Jump to content
capyb172

Consular or Fiancee visa for boyfriend abroad

21 posts in this topic

Recommended Posts

Hello,

 

My boyfriend and I plan to get married. He has been in the US twice on J1 visas and left last summer, so he will have to stay in his home country until summer 2018. We are trying to figure out the best way for us to proceed for him to be able to come here as early as possible when that time is up. I don't know how to go about this. Any help would be very appreciated

Share this post


Link to post
Share on other sites

Filing will most likely take somewhere around a year. By then it is beginning of 2018. Push out the interview until April 2018 and you will have a visa just around the time the 2 years are up.

 

If you think you need to move faster, you can look into the 2 year rule waiver.

https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

Share this post


Link to post
Share on other sites
1 minute ago, Mark88 said:

Filing will most likely take somewhere around a year. By then it is beginning of 2018. Push out the interview until April 2018 and you will have a visa just around the time the 2 years are up.

 

If you think you need to move faster, you can look into the 2 year rule waiver.

https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

Thank you. In this scenario do you think it is best for us to do consular processing or fiance visa? Would it be best for us to get married soon here in US and then proceed with paper work?? Thank you very much

Share this post


Link to post
Share on other sites

He needs to check whether his J visa was stamped "2 year residency requirement, section 212(e)" or something to that effect. Not all J visas have the 2 year residency requirement - depends on whether Brazil has placed whatever subject he was studying on their skills list. 

 

If he does have the residency requirement, you can still file your petition now and it "should" be refused when it gets to the consulate stage. At that point he can seek a waiver or just wait out the 2 years. Nothing wrong with seeking another tourist visa while he's waiting - tourist visa refusal rates for Brazil are very low, though they have been rising lately. 

Share this post


Link to post
Share on other sites

Yes, he is subject to section 212(e) and the chances of getting a waiver are really slim (unless he pays back his entire scholarship to the Brazilian government, who was sponsoring him, which is not an option)

 

51 minutes ago, Mark88 said:

DCF is not available in Brazil.

Can you elaborate on what this means? Do you mean we would have to go through a longer route (through USCIS) instead of dealing directly with the consulate?

Share this post


Link to post
Share on other sites

Since your fiancé is not a USC, it will be a long process. If you would get married and filed today, the process would take about 2 years to complete.

 

If you marry today and file as a LPR she can "upgrade" a petition once she is a USC. This will shorten the process, but not too much in your case.

 

Your third option of DCF in Russia is what the process concerns the fastest, but will only work if your fiancé is already a US citizen. So 14 months until she becomes a USC + 6 months for DCF + time between, you are looking at 2 years here again, too.

 

I understand with a child on the way, it will be tough, but there are unfortunately no fast options for you. USCIS does not reconize the urgency of a pregnancy. Especially in your case there is no disadvantage for USCIS, since the child will be with the LPR/USC mother (in the US).

Share this post


Link to post
Share on other sites
2 hours ago, Mark88 said:

Since your fiancé is not a USC, it will be a long process. If you would get married and filed today, the process would take about 2 years to complete.

 

If you marry today and file as a LPR she can "upgrade" a petition once she is a USC. This will shorten the process, but not too much in your case.

 

Your third option of DCF in Russia is what the process concerns the fastest, but will only work if your fiancé is already a US citizen. So 14 months until she becomes a USC + 6 months for DCF + time between, you are looking at 2 years here again, too.

 

I understand with a child on the way, it will be tough, but there are unfortunately no fast options for you. USCIS does not reconize the urgency of a pregnancy. Especially in your case there is no disadvantage for USCIS, since the child will be with the LPR/USC mother (in the US).

(What? Is this response meant for a different post?)

Share this post


Link to post
Share on other sites

Yes, about a year (or 8 to 12 months as you stated) from filing to your husband receiving the VISA. He will not receive the actual green card until after he enters the US. 

And as already mention there is no direct counselor filing for Brazil unfortunately.

Share this post


Link to post
Share on other sites
3 hours ago, NuestraUnion said:

Yes, about a year (or 8 to 12 months as you stated) from filing to your husband receiving the VISA. He will not receive the actual green card until after he enters the US. 

And as already mention there is no direct counselor filing for Brazil unfortunately.

Thanks! What are the disadvantages of going through regular consular processing vs. direct consular filing?

EDIT: I think I figured it out by myself. DCF requires me to be living in the same country as my spouse. Luckily this isn't my case as I'm currently living in the US, so consular processing is what I should use anyway.

Edited by capyb172

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- 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.
×