After USA Wedding - how soon can she depart?

[meadowzephyr 26]

Since it seems like she's getting an excellent job, couldn't she began the job unmarried and then after working for some months, apply for a tourist visa showing her job and any money saved as ties to Brazil and THEN marry the OP. This might lessen the intent to immigrate suspicion of being married to a USC spouse, and give them the liberty to visit the US when needed.

Edited August 8, 2012 by meadowzephyr

[Que Saudade 284]

Since it seems like she's getting an excellent job, couldn't she began the job unmarried and then after working for some months, apply for a tourist visa showing her job and any money saved as ties to Brazil and THEN marry the OP. This might lessen the intent to immigrate suspicion of being married to a USC spouse, and give them the liberty to visit the US when needed.

I do agree with this thought process.

[Sunnyland 639]

Hi. Like others said before, if she has no plans to live in US at least for now (due to her new job offer) then you guys should not apply for a fiancee visa... Maybe a spouse visa could be the solution. I remember my husband and I had this conversation as we were not sure if to get married in my country or do it in his (US).

If you go for the fiancee visa you will have to go to her country and marry her there, then apply for a Spouse visa (I think its the form i-130) but Im not sure if you dont have to be living in her country to do that. At least in Argentina (where I come from) it was necessary him to stay for at least a couple months to do it from there.

I think you guys will have to decide what its more important now , if to get married or let her work.

The issue with the tourist visa is that she already was denied and if she applies for it again the main problem is that she can not have intentions in living in US as they are giving her a "tourism" visa and if they smell that she plans in staying here with that visa then they will deny it. Remember that tourist visa is just for tourism ... Not to get married in US. Otherwise they can consider that she lied and make her process go slower and more difficult.

If she really wants to start working on that job now, maybe its better she stays in her country and you move there at least for a while and get married there. One of you will have to make the decision where to live

If you can move to her country then do it and start the spouse visa from there (but first you can contact the US embassy in her country and ask them what the requisites are to start with that process).

If you still plan on filing the fiancee visa, remember all the process will cost $1070 dollars (if you file for the EAD and AP at the same time that AOS ). The Advance Parole (AP) is what will allow her to return to US after a brief trip to her country. You dont get the AP right away, that takes like about 2 or 3 months after you filed for the AOS (and EAD and AP too).

Good luck!

[LSnBigBear 61]

My bad. I thought you already filed since you mentioned interview around February. If you have not filed for K1 then (I agree with many others since time is not an issue for you both being apart) get married and file a marriage visa. I would check the rejection rate from your fiancee's country before placing your eggs in the tourist visa basket. I know from the Philippines and many other countries that tourist visas are rarely approved. Normally the person requires more than just a good job in their country. They need money in the bank, own land and or businesses, have investments. Basically assets in their own country that shows the Visa Processing Center that he/she is not at risk to over stay or live here illegally.

[clar 0]

Hello VJ Friends,

We are days away from filing our I-129. An interesting twist has been brought into the mix and I do not know the answer.

My fiance has been offered a government position in her country which is truly incredible. The position she has worked and studied for many, many years. Notwithstanding the twist of the timing of moving to the USA but more so on the immediate future.

We are guesstimating the K-1 will be complete with Visa in January-February 2013 time frame. She starts her new position January 2013. We are aware that upon receiving the K-1 she has 180 days to come to the USA then an additional 90 days to get married. The question is how soon can she return to her country after the wedding to meet her new job requirements? In other words, because of her new position she will not be able to stay long. We do not know what time she will have away from work.

After the wedding what has to take place in order for her to come to and from the USA without delay? And how quickly can this be received?

Thank you VJ friends.

Dave

I wouldn't go the route of I-129, I would marry her in her home country and start the spouse visa process. That, in my opinion would serve better for the situation you described. All the best

[Sandra G. 5,102]

It would be a waste of time and money applying for CR1 or k1 now. If she got a Government job in then she can work there until she retires in Brazil. You guys need to talK, set up priorities and go for it.

Edited August 8, 2012 by sandranj

[Andrea&Henry 311]

K1 visa is not for you. Basically you want something for her to come in and out of the US but keep living in Brazil? She should get a TOURIST visa then. You can get married and apply for a CR1 and she will get her greencard. But even in that case she will need to proof that she has been living in the US at least 6 month. All this issue can jeopardize her legal status and future citizenship. With all the respect you desrve guys, but I dont see why you want To get marry if she basically wants to keep living and working in Brazil. As I told you, she should get a tourist visa nd when she is ready to go a live permanently in the US, send her petition. If she gets her k1 visa she needs to get married and wait at least to get her greencard!

Edited August 8, 2012 by Andrea&Henry

[Que Saudade 284]

Please read through all of the posts instead of just the original post and replying. That way, at least you can understand the entire conversation and what has already been said.

[Chrys and Dave 1]

VJ Friends. I am very grateful for all of your insight, valued opinions and advice. If we tried for a Tourist Visa again I hope they will offer her the opportunity to present her case unlike the 2-minute, no document presentation, no eye contact, 3 question interview the first attempt. She has full time work currently, sizeable bank account and very strong family ties. Apparently not strong enough. I do not believe attempting again with only a change in employment would make a difference to Consulate.

We have options which is good. Time and opportunity are in our favor. Many more hours of discussion and decisions to come. Again, thank all of you for your interest and support. Beers for everyone!

Cheers e obrigado!

Dave

[Chrys and Dave 1]

Friends... we have decided to move forward with the wedding in Brazil in October, civil and religious. When I return to USA I will file the CR-1. This will work in tune with the timing. She will turn down the new job offer. Which brings me to a new question:

I read I will have to go to a consulate or embassy in Brazil to make a sworn statement that I am legal to marry in Brazil. This document must be presented to the Brazil government office in order to register the intent to marry. My question is can I do this state-side? Recife is the closest city to her town (6 hour round trip by car). Any other way to do this? State Department?

Thanks as always to those who have been through this. Your friendship and advise are greatly appreciated.

Dave