I-130 Petition

[skiano 0]

I am american with an RNE and live in Brazil.

I have been with my girlfriend for 10 years and we have 2 children.

We are moving back to USA for a new job.

I want to bring my wife and kids (kids are U.S citizens, birth abroad)

My wife has tourist visa.

1. Can we travel to USA and get married in USA then file for I-130 from USA ?

2. In addition to the I-130 what else is required ?

3. Can my wife stay in the USA until all filings are completed?

4. How does she change her status from TOURIST visa to Green Card ?

[Harsh_77 718]

For your GF/Fiancee need some kinda visa to enter US, she cannot just enter saying she is going to marry you and then you are going to file for change in her status.

Best option for you is do a DCF, go via DCF so when the process is complete she will have a visa and she can enter US and upon entry she will get a GC.

[Anh map 2,098]

The DCF will allow you all to move together.

Showing up at the border with a family moving to the US could result in the citizens being let in, and the "tourist" non citizen being returned to their point of origin.

Edited July 27, 2011 by Anh map

[Anh map 2,098]

Moved from Adjustment of Status family Based visa forum to Bringing Family Members of US Citizens forum.

[Deputy Purple 1,294]

Second what Harsh said. Your plan is clear immigration fraud.

First thing you need to do though is decide if she is your Girlfriend or Wife. If not already then get legally married and file DCF (Direct Consular Filing) for a CR/IR-1 Visa for her.

Since you say the kids are US Citizens I assume that means you've already done the CRBA process for them and they have US Passports.

[canadian_wife 1,823]

The quickest and easiest way to reach your goal is DCF...although you call her girlfriend and wife..so which is it?

To file DCF you'll have to actually be married

Entering on a tourist visa with inetnions of immigrating is visa fraud...can carry a lifetime ban for your girlfriend/wife

Good luck

[skiano 0]

My wife has a tourist visa. I am American.

I have been offered Job in the USA. My plan was to go to USA and get married, then file for th I-130 from the USA.

Will my wife be allowed to stay in the USA through out the process? We have two children, both have U.S. Passports, and Consular birth abroad US birth certificates.

[skiano 0]

My j ob starts in 30 days. we do not have time to get married. My idea was to marry in the USA and apply from USA? No fraud is being committed. We have two children together, both US citizens.

[canadian_wife 1,823]

She can come with you to the US, get married, but she'll have to return to Brazil to interview and for the medical. She can stay as long as she is authorized

Traveling with a USC husband and USC children who are moving to the US might be difficult for her to enter. Remember, entering the US is not a guarentee, even with a valid visa

Good luck

[Deputy Purple 1,294]

My j ob starts in 30 days. we do not have time to get married. My idea was to marry in the USA and apply from USA? No fraud is being committed. We have two children together, both US citizens.

Fraud is being committed if she enters the US on a tourist Visa with the intent to marry you and apply to Adjust Status to LPR. The Tourist Visa is for use only when the intent is to return to their home country.

Marry her tomorrow in a small civil ceremony, then file DCF in the next few days. By returning to establish a household & begin your new job you are making the DCF easier as you will have established domicile in the US and be able to prove you can support her once she lands.

[Tricia599 2]

I am also confused. Is she your wife or your girlfriend? If she's your girlfriend, you don't have time to get married if you want to start your job in 30 days - unless you have all your documents ready (authenticated and translated) and you can get around the cartorio waiting period. But as you probably know, nothing is easy in Brasil....

If you are already married, then you could file DCF and then head to the US by yourself and come back for the interview. (I'm sure other VJ'ers will pipe up if this is not correct).

Just as a general question that has nothing to do with the topic - how did you get permanencia without marriage? Investor visa?

[Jojo92122 1,924]

I am american with an RNE and live in Brazil.

I have been with my girlfriend for 10 years and we have 2 children.

We are moving back to USA for a new job.

I want to bring my wife and kids (kids are U.S citizens, birth abroad)

My wife has tourist visa.

1. Can we travel to USA and get married in USA then file for I-130 from USA ? No. It is immigration fraud to come to the US on a tourist visa with the intent to adjust status to an LPR (green card holder). It doesn't matter if she is your wife or your girlfriend. It is still illegal. Given your circumstances, the children moving with you and you coming home to the US for a job, it will be next to impossible to show she did not have the intent to immigrate when she enters the US on the tourist visa.

2. In addition to the I-130 what else is required ? See the "Guides" above. They are very useful. Then read all the instructions for all the forms.

3. Can my wife stay in the USA until all filings are completed? No. You can file for her in Brazil. She will have to wait in Brazil for the entire process. This could take 6-12 months.

4. How does she change her status from TOURIST visa to Green Card ? She can try to adjust, but you have an uphill battle. It is illegal to enter the US on a tourist visa with the intent to adjust to a green card. As stated earlier, your circumstances will lead to the conclusion that the intent to immigrate was there when she entered - children and husband moving to the US for a job. She isn't coming to visit you and the children. She is coming to immigrate to be with you and the children. This will end up costing you time, money, and your emotional well being as you fight her deportation.

Your wife/girlfriend (marry her already will ya - it will make the process easier) have a legal way to immigrate to the US. It will take 6-12 months. There is no way for a US citizen to immediately bring a spouse to the US.

Using a tourist visa to immigrate is immigration fraud. This could lead you down a very expensive, time consuming, emotionally draining, and generally FML situation. DON'T DO THIS.

[Andy and Pui 16]

Your wife/girlfriend (marry her already will ya - it will make the process easier) have a legal way to immigrate to the US. It will take 6-12 months. There is no way for a US citizen to immediately bring a spouse to the US.

Using a tourist visa to immigrate is immigration fraud. This could lead you down a very expensive, time consuming, emotionally draining, and generally FML situation. DON'T DO THIS.

It is perfectly legal to come on a tourist visa to America and get married. You just have to leave when your tourist visa expires. Just be ready for a denial at POE if you are all entering as a family. If she is able to enter you can get married and fill out paperwork for her to come here but she would have to return to her home country when her tourist visa expires and then do a medical and interview in her home country. Good luck.

[canadian_wife 1,823]

It is perfectly legal to come on a tourist visa to America and get married. You just have to leave when your tourist visa expires. Just be ready for a denial at POE if you are all entering as a family. If she is able to enter you can get married and fill out paperwork for her to come here but she would have to return to her home country when her tourist visa expires and then do a medical and interview in her home country. Good luck.

Not true, she'll have to leave when her authorized stay expires. Her tourist visa may be good for 10 years...but she will likely only be authorized to stay for 6 months max...sadly a lot of people make this mistake

Good luck

[Andy and Pui 16]

Not true, she'll have to leave when her authorized stay expires. Her tourist visa may be good for 10 years...but she will likely only be authorized to stay for 6 months max...sadly a lot of people make this mistake

Good luck

Thank you canadian_wife that is what I meant. Sorry for the confusion.