Starting the process with a big question (a bit naive)

[SF_Camp 0]

Hello our story and our dilemma,

My Brazilian Fiancée and I met in the US while she was working on a J-1 (temp. work visa), we were able to travel in the US a bit, then she changed her visa to a tourist visa and came to live with me for a few months before it expired and she had to return to Brazil. I am now in Brazil and nearing the end of my Brazilian tourist visa, I proposed some while a ago, but we did not look in the visa she would need to return with me at the time (we were also thinking of getting married here and staying here). I was a bit shocked at the K-1 process when I started to learn about it, and I have a few simple -maybe naive- questions:

1) Could we get a tourist visa for and marry in the US, then apply for a change of status? I mean, what if we had gotten married when she was originally living with me while on her tourist visa? If no, why not?

2) While we would prefer going the above route, we have started compiling or I-129F materials. I am here in Brazil now and I am wondering if I should: a) send the I-129f packet in from here with my Brazilian address and file a change of address when I return or b) put my American address because I won't likely receive our NOA1 (much less NOA2) until I return anyway, plus it seems complicated to put my Brazilian address while truthfully claiming that a have a job back home (see below), or c) wait until I return to file the I-129F (but we do not want to wait apart from each other any longer than we have to).

3) Also I am a bit worried about proving my ability to support my fiancée as I have been in Brazil not working for almost six months now. I will be able to return to my substitute teaching and summertime tourist industry jobs that have provided me with enough to save for this trip (while supporting my fiancée when she lived with me), and leave me with no doubt in my ability to to support her once she arrives. But proving this with no income in the last few months, delayed monthly pay checks from the school district and a summertime "temporary" job (that I work at every year) might be difficult. Does anyone have experience with this type of situation?

OK, so maybe the questions aren't so "simple". Thanks in advance for any help.

[canadian_wife 1,831]

1) if you got married while she was in the US previously, then it wouldn't be an issue likely. However, now that you have the intent to marry and adjust status - doing so would be visa fraud which can carry a lifetime ban from the US.

2) Put your american address as that is where you live. You currently do not live in Brazil, you are visiting. Do not confuse the two.

3) If you cannot prove you make 125% above the poverty line, you'll need a co-sponsor who can show that they can. No issues here, happens all the time

Good luck, file the I129F paperwork now and get rid of the adjustment of status idea

GOod luck

[Inky 1,111]

Tourist visa is for tourists, not for immigrants.