Lost and Frustrated in Brazil

[american olive 0]

I'm from the U.S. and my husband and stepson are from Brazil. My husband and I married in the U.S. January 1st and soon after we came to Brazil. We have been in Brazil for over 7 months but I would like to return to the U.S. and I would like my husband and stepson to be able to return with me legally. I am preparing my documents to file petitions for K3 and K4 visas. I have read a lot of conflicting information online and we have a lot of questions. Is anyone familiar with this immigration process that can provide us some more helpful information? Someone mentioned to me that we should marry again here and live here an additional 6 months afterward and our process would be much easier. Is this really necessary?

[Ryan H 3,812]

Firstly, you need to think of filing petitions for CR-1 and CR-2 visas, your husband and stepson would be issued green cards upon entry to the US in the form of an I-551 stamp, the actual cards will arrive a short time later. Also, did your marriage to your husband take place prior to your stepson's 18th birthday? If not, then you will not be able to petition for him.

You don't need to "marry again" as you are already married, married is married.

You will need to show that you have maintained or are in the process of reestablishing a US domicile.

You can send the paperwork to the lockbox facility in Chicago from Brazil, there is no USCIS field office in Brazil so you will not be able to file in Brazil.

In order to sponsor, you will need to have income at 125% of the federal poverty line for your household size. If you cannot meet that requirement on your own, you will need a joint sponsor.

[jkminney 30]

you can't marry again you are already married. You would need to check into DCF filing but I'm sure I've read that's not going to be available so you would have to file through the chicago lockbox. the K3 visa is a dead process so you should review information for IR1 process

[Kathryn41 3,205]

thread has been moved from Adjustment of Status forum as OP is applying for a spousal visa and this forum is a more appropriate location for this discussion.

[soteropolitana 4]

Your two/three options are:

(1) file the CR-1 from Brazil, mailing it to the Chicago Lockbox. This process has historically taken 6-8 months, but I've heard it's getting shorter. The downside to that is that the CR-1 requires the US Citizen spouse to have a current residence in the U.S. That's the address they want and that's the address they will send mail to. Since you are currently in Brazil you would probably need a third party (the easiest route is using a lawyer) that will intercept documents and provide any responses to the USCIC or NVC or whoever. (This could be your only real option if you are in Brazil on a Tourist Visa, but read on.)

(2) Despite other opinions on here, you can re-marry in Brazil. It's not necessary but it is possible. Some people prefer not to re-marry but to have their U.S. marriage license authenticated... (at a Brazilian Consulate in the U.S. the U.S. Consulate CANNOT do this), then translated (in Brazil), then re-authenticated (in Brazil), etc. which can be a pain in the you-know-what since you're already in Brazil. The process gets even more complicated if either of you have been married before. You've been in Brazil for a few months it seems so you are probably already aware of the red tape and different answers people will give you making the process much longer and more complicated than it needs to be. The Cartorio won't issue you a Brazilian marriage cert if you only register your U.S. marriage so every time you need to prove your marriage for something you have to have your authenticated original and authenticated translation and proof of registration at the the local civil registry (Cartorio). Problems really start if you need to do something in another state and that state has different rules or needs your U.S. marriage registered their too. Locura. For SOME people it ends up being easier to just re-marry in Brazil...which would still require a birth certificate authenticated in the U.S. and translated in Brazil, but the process is less of a headache. It's really a matter of personal preference. (Most people re-marry if they entered Brazil on a Tourist visa and want to change their status to resident.)

(3) If you originally applied for a permanent residence visa (...lol, which I am willing to bet you didn't but will wish you had) then none of the above applies and you can file at the Consulate now. I figure you didn't since you're asking this question. [On a side note, its also ALOT quicker/easier to apply for Brazilian permanent residence at a consulate in the U.S. once you're in Brazil you have to operate on their terms, which means having the Federal Police come to your house to make sure you're actually married and miscellaneous other nonsense.]

Either way, once you have been "in" Brazil for six months you can file the CR-1/I-130 at the closest consulate. I say "in" because in order to file the visa application at the U.S. Consulate you are supposed to be a RESIDENT of Brazil for six months. So if you only have a Tourist visa you have technically been a tourist all this time - and that's time wasted when it comes to filing papers. So, what is often done is people re-marry in Brazil, change their status to permanent residence and just show that you have been in Brazil continuously for at least six moths for Direct Consular Filing purposes. I don't know what the current processing times are, and it largely depends on which Consulate you go through, but the actual DCF VISA process it always much shorter than if you apply through the Chicago Lockbox.

The bottom line is, its all a process and no matter what you choose its going to take some time. The amount of time and the amount of headaches is up to you and depends on your personal situation. You sort of have to look at your situation and decide what is best. Sometimes it feels like our governments just don't want Brazilians and American to be together. Anyway, you can message me for more info as I have plenty of stories about my "experiences" with Brazil. Ha. I'm currently going through the CR-1 process with me in the U.S., my hubby in Brazil, and me visiting him every 2 months since he can no longer enter on his tourist visa. Oh the horror.

The consulate link is here: http://brazil.usembassy.gov/reconsiderations.html

Hope that helps.

[amjadali 0]

I'm from the U.S. and my husband and stepson are from Brazil. My husband and I married in the U.S. January 1st and soon after we came to Brazil. We have been in Brazil for over 7 months but I would like to return to the U.S. and I would like my husband and stepson to be able to return with me legally. I am preparing my documents to file petitions for K3 and K4 visas. I have read a lot of conflicting information online and we have a lot of questions. Is anyone familiar with this immigration process that can provide us some more helpful information? Someone mentioned to me that we should marry again here and live here an additional 6 months afterward and our process would be much easier. Is this really necessary?

I would strongly recommend going through CR1-CR2 routes. Both types visa nearly take the same amount of time. However with the CR1, he will get his greencard immediately some short time after arrival.

I'm from the U.S. and my husband and stepson are from Brazil. My husband and I married in the U.S. January 1st and soon after we came to Brazil. We have been in Brazil for over 7 months but I would like to return to the U.S. and I would like my husband and stepson to be able to return with me legally. I am preparing my documents to file petitions for K3 and K4 visas. I have read a lot of conflicting information online and we have a lot of questions. Is anyone familiar with this immigration process that can provide us some more helpful information? Someone mentioned to me that we should marry again here and live here an additional 6 months afterward and our process would be much easier. Is this really necessary?

I would strongly recommend going through CR1-CR2 routes. Both types visa nearly take the same amount of time. However with the CR1, he will get his greencard immediately some short time after arrival.

[Ryan H 3,812]

(3) If you originally applied for a permanent residence visa (...lol, which I am willing to bet you didn't but will wish you had) then none of the above applies and you can file at the Consulate now. I figure you didn't since you're asking this question. [On a side note, its also ALOT quicker/easier to apply for Brazilian permanent residence at a consulate in the U.S. once you're in Brazil you have to operate on their terms, which means having the Federal Police come to your house to make sure you're actually married and miscellaneous other nonsense.]

Either way, once you have been "in" Brazil for six months you can file the CR-1/I-130 at the closest consulate. I say "in" because in order to file the visa application at the U.S. Consulate you are supposed to be a RESIDENT of Brazil for six months. So if you only have a Tourist visa you have technically been a tourist all this time - and that's time wasted when it comes to filing papers. So, what is often done is people re-marry in Brazil, change their status to permanent residence and just show that you have been in Brazil continuously for at least six moths for Direct Consular Filing purposes. I don't know what the current processing times are, and it largely depends on which Consulate you go through, but the actual DCF VISA process it always much shorter than if you apply through the Chicago Lockbox.

The consulate link is here: http://brazil.usembassy.gov/reconsiderations.html

Someone has not appropriately updated the page that is linked to reflect the current procedures.

Everything written in passage 3 with regard to filing a petition in Brazil is superseded by this: Changes to filing I-130 petitions overseas

Brazil is not on this list of international USCIS field offices. DCF is not on the table in Brazil.

Edited October 15, 2011 by Ryan H

[soteropolitana 4]

Someone has not appropriately updated the page that is linked to reflect the current procedures.

Everything written in passage 3 with regard to filing a petition in Brazil is superseded by this: Changes to filing I-130 petitions overseas

Brazil is not on this list of international USCIS field offices. DCF is not on the table in Brazil.

Well, there you have it...routine DCF in Brazil is a thing of the past, again. The Dept. of State has changed this a few times before. Thanks for the update! That's why forums like this are so great.

Again...the U.S./Brazilian governments make it so hard for us to be together.