Marriage Visa/US citizenship

[Carolina&Dan 0]

My girlfriend is Brazilian, we want to spend the rest of our lives together but we are unsure of the best way to go about getting a marriage visa/green card/ US citizenship for her. She has a Brazilian friend who married a guy from the US, they got married in Brazil and she got citizenship rather fast. They are now living in New York and seem to have no issues with this.

On the other hand, I have and American friend who married a guy from Georgia, their whole process took 5 years!!! They got married in the US....

Not sure what to do here, but she is here in the US withe me now on a tourism visa which expire Feb next year. We have and want to figure this out asap!!

I've looked into the forms we will need etc. but I need some exact and reliable info.

Please help!! Any advice is greatly appreciated!

[Anh map 2,098]

Citizenship takes several years. A green card (residency) is the step prior to citizenship.

Do some reading in the Guides section here (top of every page) on VJ to evaluate your options and learn the steps, time, costs, etc.

[Little_My 464]

I think you might be confusing citizenship and permanent residence. The first step is to get your girlfriend a greencard, i.e. make her a legal permanent resident of the US. If se then wants to, she can go on to apply for citizenship, but only after being a greencard holder for about three years - so citizenship is not relevat for you yet.

The route to greencard for her will be through marriage with you. If she is currently in the US, you have the option of marrying here now and submitting what's called an AOS application - application to adjust her status to permanent resident. If you choose this route, she cannot leave the US until she has a specific travel document you can apply for along with the AOS forms, called Advance Parole. You should also do your best to get married and submit the paperwork before her current authorized stay expires, so before February. That way she won't accumulate any overstay.

Another option is for you two to marry (whenever and wherever, in the US or in another country) and then appli for the CR-1 spousal visa for her. This process can also be started while she is in the US under tourist status, but she will have to return to Brazil once her current I-94 expires to wait out the process there. This option is cheaper than AOS, and would allow her to return home to tie up loose ends and wrap up her life there before moving to the US. Once she is issued the CR-1 visa (which takes approximately 9 months from submitting the application), she enters the US with that visa and immediately becomes a permanent resident.

there's also the K1 fiance visa, but it's more expensive and requires more paperwork than the CR-1, so personally I'd say that if she chooses to return to BRazil in between, the CR-1 is an easier, less expensive and less-hassle option than K1.

You should take look at the comparison between different visas here on VJ, read up on the different processess and discuss with your GF which route seems to be the best fit for you.

http://www.visajourney.com/content/compare

Edited September 27, 2011 by Little_My

[skiptex 225]

K1 visa is to bring your gf over to usa with intent to marry.. ya'll would have 90 days from when she comes in to get married.. there are no extentions..

k3 are if you get married over there (or here or somewhere else) but K3 is used since you are married..

US Goverment does not like it when a non us citizen comes to USA on whatever visa, get married and expect to stay... that is more trouble then its worth

http://www.visajourney.com/content/guides

these will help you research your options.. check them out.. then come back with questions..

the process could take 7 months to over a year to get approved.. (if she has tourist visa, she can still visit DO NOT GET MARRIED) or you go there..

then once approved the Visa is valid for 6 months (get affairs sorted), but once she enters USA.. the 90 clock starts..

THEN adjust status.. (AOS) for green card.. thats another process..

then citizenship IF SHE would like.. not necessary once you get green card/perm. resident..

now do some reading.

or GOOGLE K1

GOOGLE K3

[Harsh_77 718]

Even in the first case citizenship takes a while, does not matter where you get married in US or out of USA no one gets direct citizenship.

Both your friend has to go thru GC / Perm Resident Process first and then after 3 years on GC one can apply for citizenship.

Did you guys have planned the marriage before she came to US?

If yes then that would be visa fraud, if no then you can get married and file for AOS. Once her AOS is complete she will get her GC.

If it was planned then you guys can get married, she can continue to stay here until her visa expires and then return back to home country and in meanwhile you guys can have the paper work started, she can do the interview in home country and once its complete she will get a GC upon entry.

[Carolina&Dan 0]

The Spousal Visa (IR1 / CR1) seems like the best option for us here. Thanks!

[skiptex 225]

The Spousal Visa (IR1 / CR1) seems like the best option for us here. Thanks!

now you have a direction.. do your research.. LOTS OF IT!!

take your time on application.. less mistakes equals faster process..

if you rush application then more mistakes = longer process..