CR-1 / IR-1 OR Direct Consular Filing?

[Marali 0]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

[gixbr 0]

Hi Frila, I don't know what to tell you about your fiance being deported, I guess if he had only overstayed it would be different, but he was also deported, so I don't know.

But what I know is you can only do a Direct Consular Filing if you are a permanent resident in Brazil, and if you are then that's the best thing to do. If you don't have a permanent resident visa from Brazil you can only apply for a visa in the U.S.

[daboyz 36]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

The US Citizen will have to prove 6 months of residency in Brazil in order to to DCF.

Not sure about the other stuff.

[I Miss Her 0]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

[Marali 0]

Hi Frila, I don't know what to tell you about your fiance being deported, I guess if he had only overstayed it would be different, but he was also deported, so I don't know.

But what I know is you can only do a Direct Consular Filing if you are a permanent resident in Brazil, and if you are then that's the best thing to do. If you don't have a permanent resident visa from Brazil you can only apply for a visa in the U.S.

I will not have the requisite six months of residency in Brasil until January 2010, does it make sense just to get started with the CR-1/IR-1 process straight away or is the direct consular filing that much quicker or more importantly easier?

By my rough calculations allowing for the delay in obtaining residency, there might still be an advantage of a 1-3 with direct filing.

Does it have any impact on the direct consular filing if I intend to travel back and forth between the US and Brazil as opposed to remaining in Brazil for the entire time (which of course my fiance will be doing)?

I am also a dual national, does it matter if the visa I use to obtain residency in Brazil is my non-US passport?

thanks!

[Dakine 26]

Hi Frila, I don't know what to tell you about your fiance being deported, I guess if he had only overstayed it would be different, but he was also deported, so I don't know.

But what I know is you can only do a Direct Consular Filing if you are a permanent resident in Brazil, and if you are then that's the best thing to do. If you don't have a permanent resident visa from Brazil you can only apply for a visa in the U.S.

I will not have the requisite six months of residency in Brasil until January 2010, does it make sense just to get started with the CR-1/IR-1 process straight away or is the direct consular filing that much quicker or more importantly easier?

By my rough calculations allowing for the delay in obtaining residency, there might still be an advantage of a 1-3 with direct filing.

Does it have any impact on the direct consular filing if I intend to travel back and forth between the US and Brazil as opposed to remaining in Brazil for the entire time (which of course my fiance will be doing)?

I am also a dual national, does it matter if the visa I use to obtain residency in Brazil is my non-US passport?

thanks!

I wouldn't worry about what type of visa you are going to do. His overstay and being deported is HUGE! Get a GOOD immigration lawyer.

[daboyz 36]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

Where in the H3ll are you getting this info!!?? Of-169, and Of-230???? I really wish you would delete your account, and stop posting things on this website, because you have NO idea what you are talking about.

To the OP, look here:

http://brasilia.usembassy.gov/index.php?ac...amp;itemmenu=58

It states the 6 month requirement for DCF.

[I Miss Her 0]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

Where in the H3ll are you getting this info!!?? Of-169, and Of-230???? I really wish you would delete your account, and stop posting things on this website, because you have NO idea what you are talking about.

To the OP, look here:

http://brasilia.usembassy.gov/index.php?ac...amp;itemmenu=58

It states the 6 month requirement for DCF.

Why you just do not want to admit that you have not found this info or website?

[daboyz 36]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

Where in the H3ll are you getting this info!!?? Of-169, and Of-230???? I really wish you would delete your account, and stop posting things on this website, because you have NO idea what you are talking about.

To the OP, look here:

http://brasilia.usembassy.gov/index.php?ac...amp;itemmenu=58

It states the 6 month requirement for DCF.

Why you just do not want to admit that you have not found this info or website?

This is like the 10th time I have caught you posting information that is 100% wrong. I have reported it this time.

[I Miss Her 0]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

Where in the H3ll are you getting this info!!?? Of-169, and Of-230???? I really wish you would delete your account, and stop posting things on this website, because you have NO idea what you are talking about.

To the OP, look here:

http://brasilia.usembassy.gov/index.php?ac...amp;itemmenu=58

It states the 6 month requirement for DCF.

Why you just do not want to admit that you have not found this info or website?

This is like the 10th time I have caught you posting information that is 100% wrong. I have reported it this time.

And again, you put yourself in embarrassing situation.

Have a look, just for you: http://www.kamya.com/intro/dcf.html

[Krikit 1,163]

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

Please be careful what you post in response to someone's query. Just because you "found some information on a web site" does not make that information accurate. Best to not respond if you do not have the answers. Erroneous information is sometimes worse than no information at all.

[daboyz 36]

To the OP, sorry for all the craziness. Look at that link. It explains it all. If you decide you are elligible for DCF, you should probably post your questions here:

http://www.visajourney.com/forums/index.php?showforum=82

That is the DCF forum.

[daboyz 36]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

Where in the H3ll are you getting this info!!?? Of-169, and Of-230???? I really wish you would delete your account, and stop posting things on this website, because you have NO idea what you are talking about.

To the OP, look here:

http://brasilia.usembassy.gov/index.php?ac...amp;itemmenu=58

It states the 6 month requirement for DCF.

Why you just do not want to admit that you have not found this info or website?

This is like the 10th time I have caught you posting information that is 100% wrong. I have reported it this time.

And again, you put yourself in embarrassing situation.

Have a look, just for you: http://www.kamya.com/intro/dcf.html

That information is probably 5 years old, or even older. Who knows. Don't you think the right place to look would be the official website for the US embassy in Brazil?

You obviously don't follow your own advice, because if you did, your petition would've never been approved.

[daboyz 36]

My fiance and I are getting married in Brazil in May of 2009. I would like to know if anyone has recommendations on chosing between applying for a CR-1/IR-1 via an I-130 in the USA or doing a Direct Consular Filing in Sao Paulo?

We would like to be living together again in the USA as soon as possible and my fiance would like to be able to work asap and be free to travel hence the reason for not applying for a K1.

We have some past "history" which might influence advice:

In 2006 my fiance was unfortunately arrested and charged with a misdemeanor assault charge, he had overstayed his tourist visa and was subsequently deported in 2007.

Will this adversely affect either application method?

Any advice and or suggestions are greatly appreciated.

Many thanks.

I cannot help you for what happened in 2006 and 2007 but here I am quoting, what I found on a web site:

Some people say that doing DCF in Brazil is not that easy. You will need a marriage certificate, which is not easy to get. Your fiancé/fiancée should get all what is required for a marriage certificate in her local county because it takes time to put everything together. After you get the marriage certificate, apply directly in at the US consulate in Rio since that is where petitions are processed. You, the petitioner, need to apply in person. Like a regular processing, he/she will complete documents (OF-169 and OF-230, part I) mailed by the Consulate, get police certificates, and will go through a medical exam. Once completed, your fiancé/fiancée will be notified to pick up her conditional status green card.

Not to keep beating a dead horse, but fiancé/fiancée are not eligible to file DCF at any consulate.

[gixbr 0]

Frila, what the users here were saying about the 6 months is true, but it's 6 months from the date you have a resident visa, not 6 months that you are residing in Brazil, get it? Like, my husband was here last year from February and we sent our I-130 in November, but we couldnt do the resident thing because he had a student visa only, if we wanted to do Direct Consular filling, he should have a resident visa for at least 6 months. So we just sent thing to USCIS. Other problem the resident card takes like 3 months to be issued, it's not very fast.

As for the difference, I don't think there is any, a friend of mine applied here and Brazil and her husband traveled back to the U.S while the process was going on at the embassy, he came back by the time of the interview, and then right after the interview they traveled together to the U.S.

But listen what Haole said above, your case is complex and you should get an immigration lawyer, for what I've seen you will need a Waiver, which I dont know much about and I can be wrong, but get a lawyer and try to see what your options are.

Good luck.