Spouse or Fiance Visa?

[jlcandrlf 2]

Hello all!

I am not sure if my fiance and I should marry in Brazil or in the US. I am an American on a work visa and have lived in Brazil for 3 years and will be here until at least June 2013. We want to marry now, but do not want to complicate the process. Should we marry now in Brazil and then apply for a spouse visa since we will be here for a while or should we start the fiance visa process and wait to get married when we move to the states in June 2013? My Brazilian fiance has a tourist visa (if that makes a difference).

Thanks in advance for any advice.

[jlcandrlf 2]

Hello all!

I am not sure if my fiance and I should marry in Brazil or in the US. I am an American on a work visa and have lived in Brazil for 3 years and will be here until at least June 2013. We want to marry now, but do not want to complicate the process. Should we marry now in Brazil and then apply for a spouse visa since we will be here for a while or should we start the fiance visa process and wait to get married when we move to the states in June 2013? My Brazilian fiance has a tourist visa (if that makes a difference).

Thanks in advance for any advice.

[Ryan&Rain 1]

I think normally K1 is faster than K3

[rocks 494]

I think normally K1 is faster than K3

It is much more expensive

Edit: here is a comparison of the K-1 and CR-1. Ignore the K-3, it doesn't exist anymore.

Edited July 21, 2012 by rocks

[L+T 71]

Hello all!

I am not sure if my fiance and I should marry in Brazil or in the US. I am an American on a work visa and have lived in Brazil for 3 years and will be here until at least June 2013. We want to marry now, but do not want to complicate the process. Should we marry now in Brazil and then apply for a spouse visa since we will be here for a while or should we start the fiance visa process and wait to get married when we move to the states in June 2013? My Brazilian fiance has a tourist visa (if that makes a difference).

Thanks in advance for any advice.

1. Your fiancee cannot come to USA on tourist visa with intent to immigrate.

2. For this you need K1, but apply for this about 8 or 9 months in advance.

3. If you marry now, and reside together for 6 months or more in Brazil, you can do DCF, direct consular filing which takes a couple weeks for approval and visa.

4. Or if you marry in Brazil and do not reside together for at least 6 months you will have to apply for CR-1, which can also take 8-9 months.

good luck!!

[KazuriSana 324]

Man! Marry the woman you love! Tarry not!

Marry now and by the time you have to return to the US in 2013, your paperwork and approval will very likely be done - and you can happily [ever after] bring your wife home!

Edited July 21, 2012 by BlessedAssurance

[KayDeeCee 4,893]

Hello all!

I am not sure if my fiance and I should marry in Brazil or in the US. I am an American on a work visa and have lived in Brazil for 3 years and will be here until at least June 2013. We want to marry now, but do not want to complicate the process. Should we marry now in Brazil and then apply for a spouse visa since we will be here for a while or should we start the fiance visa process and wait to get married when we move to the states in June 2013? My Brazilian fiance has a tourist visa (if that makes a difference).

Thanks in advance for any advice.

If you are a resident of Brazil, check with the consulate in Rio de Janeiro to inquire about DCF (Direct Consular Filing) If you are able to use DCF there, then getting married and filing that way would be your quickest route to getting your fiance a green card to come live with you in the US next year. You do not seem to need it quickly though, so you could get married there and file for the CR-1 normally. If you really want to get married in the US instead, then go ahead and file for the K-1. Don't wait till next year. Here is a comparison chart so you can see your options: http://www.visajourney.com/content/compare Then read through the guides to see what each one entails: http://www.visajourney.com/content/guides

Edited July 21, 2012 by Jay-Kay

[aaron2020 11,651]

Hello all!

I am not sure if my fiance and I should marry in Brazil or in the US. I am an American on a work visa and have lived in Brazil for 3 years and will be here until at least June 2013. We want to marry now, but do not want to complicate the process. Should we marry now in Brazil and then apply for a spouse visa since we will be here for a while or should we start the fiance visa process and wait to get married when we move to the states in June 2013? My Brazilian fiance has a tourist visa (if that makes a difference).

Thanks in advance for any advice.

It's best to get marry now and start the immigration ball rolling.

The immigration process can take anywhere from 6 to 12 months. If you get marry now, you can file for a spousal visa. Once your wife immigrates to the US with a spousal visa, she will automatically get a conditional green card. With a conditional green card, she can immediately work and go to school.

If fiancee visa route will require an additional step that can be costly financially and emotionally. The fiancee visa is a non-immigrant visa. Once your fiancee is in the US, you would need to get marry and adjust her status to a green card holder. During this period, she cannot work or go to school. You get to pay for this extra step. In 2-3 months, your wife would be authorized to work. In 6 months, she will get her conditional green card which lets her do everything else. She will get bored. She will get frustrated with not much to do. Avoid this if you can.

The better route for you is to get marry now. It is also in line with your desires.

Best of luck.

[amykathleen2005 441]

Try looking into Direct Consular Filing as you have lived in Brazil for so long. Easier and faster.

[Ryan H 3,813]

Try looking into Direct Consular Filing as you have lived in Brazil for so long. Easier and faster.

There is no USCIS field office in Brazil, DCF will not be an option for the OP.

[Penguin_ie 5,994]

*** Merged duplicate topics. Please do not start more than one topic on an issue ****

[amykathleen2005 441]

There is no USCIS field office in Brazil, DCF will not be an option for the OP.

Is this not a field office?

http://brazil.usembassy.gov/immigrant-visas/contact-info/hours.html

[pushbrk 12,979]

1. Your fiancee cannot come to USA on tourist visa with intent to immigrate.

2. For this you need K1, but apply for this about 8 or 9 months in advance.

3. If you marry now, and reside together for 6 months or more in Brazil, you can do DCF, direct consular filing which takes a couple weeks for approval and visa.

4. Or if you marry in Brazil and do not reside together for at least 6 months you will have to apply for CR-1, which can also take 8-9 months.

good luck!!

The above is FULL of misinformation.

1. is correct but marriage and immigration are not the same thing.

2. To come to the US and marry, then leave, requires no special visa.

3. If the US Citizen has resided in Brazil for six months prior to filing, they can file DCF, only if DCF is actually still available in Brazil. Is it?

4. See #3. They need not reside "together" to qualify for DCF. Either way, DCF is a filing method. CR1 will be the visa category whether DCF is the filing method or not.

Edited July 21, 2012 by pushbrk

[Ryan H 3,813]

Is this not a field office?

http://brazil.usembassy.gov/immigrant-visas/contact-info/hours.html

That link is not for a USCIS field office; it is for the Immigrant Visa Unit at the Consulate in Rio de Janeiro.

In order for DCF to be an option, a country must be on this list of overseas USCIS field offices. If a country is not on that list (and Brazil is not), then DCF is not available.

[Ryan H 3,813]

3. If you marry now, and reside together for 6 months or more in Brazil, you can do DCF, direct consular filing which takes a couple weeks for approval and visa.

DCF is no longer available in Brazil.