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Filed: Country: Brazil
Timeline
Posted

Hi everyone,

After my fiance and I get married, are we able to leave and re-enter the US or does he have to wait until he has a more permanent visa/green card? We are planning to get married in the US but we live in Brazil and plan to continue living here for while or possibly permanently. When we went to the US Consulate in Rio de Janeiro we were told that in order to get married we have to get a fiance visa and absolutely cannot get married on a tourist visa. We are trying to do this the right way, but it seems that this type of visa is only necessary for those that are planning to stay in the US after the wedding. Any information about this would be really appreciated!

Thanks so much!

Posted

If you both live in Brazil right now, and are both pretty sure (you seem to be) that you will remain in Brazil living together permanently... what's your reason for getting married in the US?

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09/17/2014- Biometrics

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Posted

Consulate told you wrong - you could have gotten married in US on a visitor's visa if you didn't want to stay here (if he can get a tourist visa). The point of a K-1 is to get married here AND live here permanently. He can't get a green card and use it as a permanent tourist visa. After you get married, you can leave without a greencard, and pursue a tourist visa for him if he wants to visit the US sometimes. The GC costs $1070 - that is on top of the K-1 visa costs. If you don't live in the US you lose the Greencard, so it seems like the K-1 visa is not what you are looking for - waste of money. How far are you into the process?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

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2/06/13: APPROVED!

Filed: Other Timeline
Posted (edited)

After you got married in the US, nothing happens. In order to get a Green Card, you will have to file for Adjustment of Status (AOS) via form I-485. A few months later, you will receive it, and then you can visit Brazil or any other country. But even then you cannot move to Brazil, because the Green Card not only allows you to live and to work in the US, but it requires you to live and to work in the US.

If your plan is to live in Brazil, why not getting married anywhere in the world (yes, it is perfectly legal to get married in the US on a tourist visa -- tens of thousands of people do it every year!), and then continue living in Brazil. What would be the purpose on going through all the hassle and cost of a K-1, the AOS, and maintaining residence in the US if you don't intend to live in the US?

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Country: Brazil
Timeline
Posted

After you got married in the US, nothing happens. In order to get a Green Card, you will have to file for Adjustment of Status (AOS) via form I-485. A few months later, you will receive it, and then you can visit Brazil or any other country. But even then you cannot move to Brazil, because the Green Card not only allows you to live and to work in the US, but it requires you to live and to work in the US.

If your plan is to live in Brazil, why not getting married anywhere in the world (yes, it is perfectly legal to get married in the US on a tourist visa -- tens of thousands of people do it every year!), and then continue living in Brazil. What would be the purpose on going through all the hassle and cost of a K-1, the AOS, and maintaining residence in the US if you don't intend to live in the US?

Thanks so much for all the insight! We were definitely misinformed and I'm glad I'm not that far along in the process. Looks like we'll just get married on a tourist visa!

After you got married in the US, nothing happens. In order to get a Green Card, you will have to file for Adjustment of Status (AOS) via form I-485. A few months later, you will receive it, and then you can visit Brazil or any other country. But even then you cannot move to Brazil, because the Green Card not only allows you to live and to work in the US, but it requires you to live and to work in the US.

If your plan is to live in Brazil, why not getting married anywhere in the world (yes, it is perfectly legal to get married in the US on a tourist visa -- tens of thousands of people do it every year!), and then continue living in Brazil. What would be the purpose on going through all the hassle and cost of a K-1, the AOS, and maintaining residence in the US if you don't intend to live in the US?

Thank you for the info! We will just get married on a tourist visa then. ;)

 
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