Applying for CR-1 abroad and staying out of US

[jworld34 0]

Hey all,

Just wondering if I could make sure on a few things.

1.) If my girlfriend (Brazilian) and I (US citizen) are living and are married abroad, is it okay if we are to apply for the CR-1 in Brasil and I stay there throughout the process with her?

2.) The sponsor is only needed when we get to the NVC step, but can my parents or relative(s) act as a sponsor?

3.) I just want to be clear on this, since we are applying while in Brasil, would our process be under the DCF category? With the possibility of being expedited?

Just checking because I'm planning on staying there throughout the process until we are able to come back together.

Also, does anyone know if we can apply at the US embassy in São Paulo rather than Rio de Janeiro? Does it matter?

Thanks

Edited September 3, 2012 by jworld34

[Jasontnyc 9]

Hey all,

Just wondering if I could make sure on a few things.

1.) If my girlfriend (Brazilian) and I (US citizen) are living and are married abroad, is it okay if we are to apply for the CR-1 in Brasil and I stay there throughout the process with her?

Yup, although you need to provide intent for US domicile. It is a faster process if you stay in Brazil (see my timeline)

2.) The sponsor is only needed when we get to the NVC step, but can my parents or relative(s) act as a sponsor?

Yes

3.) I just want to be clear on this, since we are applying while in Brasil, would our process be under the DCF category? With the possibility of being expedited?

Not sure if Brasil is a DCF country but your I-130 will be expedited saving you 4 months or so

Just checking because I'm planning on staying there throughout the process until we are able to come back together.

Also, does anyone know if we can apply at the US embassy in São Paulo rather than Rio de Janeiro? Does it matter?

Not sure if Brazil is DCF so if it isn't, you would be sending your docs in to the Chicago lockbox and its only your interview that would be at a specific embassy. Ill leave this to other Brazilians.

Thanks

[jworld34 0]

Hey all,

Just wondering if I could make sure on a few things.

1.) If my girlfriend (Brazilian) and I (US citizen) are living and are married abroad, is it okay if we are to apply for the CR-1 in Brasil and I stay there throughout the process with her?

2.) The sponsor is only needed when we get to the NVC step, but can my parents or relative(s) act as a sponsor?

3.) I just want to be clear on this, since we are applying while in Brasil, would our process be under the DCF category? With the possibility of being expedited?

Just checking because I'm planning on staying there throughout the process until we are able to come back together.

Also, does anyone know if we can apply at the US embassy in São Paulo rather than Rio de Janeiro? Does it matter?

Thanks

When we first marry, are we sending the I-130 to the US embassy in Brasil or one of the lockboxes?

[Ryan H 3,926]

Hey all,

Just wondering if I could make sure on a few things.

1.) If my girlfriend (Brazilian) and I (US citizen) are living and are married abroad, is it okay if we are to apply for the CR-1 in Brasil and I stay there throughout the process with her?

2.) The sponsor is only needed when we get to the NVC step, but can my parents or relative(s) act as a sponsor?

3.) I just want to be clear on this, since we are applying while in Brasil, would our process be under the DCF category? With the possibility of being expedited?

Just checking because I'm planning on staying there throughout the process until we are able to come back together.

Also, does anyone know if we can apply at the US embassy in São Paulo rather than Rio de Janeiro? Does it matter?

Thanks

Answers:

1. You, the US Citizen file a petition, your wife (to-be), the foreign beneficiary will apply for a visa. You can send the file from Brazil and you can stay there during the process. However once the file reaches the NVC, you will need to show that you have maintained or are in the process of reestablishing a US domicile.
   
2. You as the petitioner are the sponsor. If you do not meet the income requirement for your household size, then you will require a joint sponsor (your parents or other relatives can be joint sponsors). This will not come up until the NVC step.
   
3. DCF is not available in Brazil, you will have to send your paperwork to the lockbox in Chicago. There is a good chance that the file will enter the auto-expedite queue since you (the petitioner) are currently residing abroad.
   

Regarding your other question, interviews for CR-1 visas are only conducted at the US Consulate in Rio de Janeiro.

Edited September 4, 2012 by Ryan H

[jworld34 0]

Answers:

1. You, the US Citizen file a petition, your wife (to-be), the foreign beneficiary will apply for a visa. You can send the file from Brazil and you can stay there during the process. However once the file reaches the NVC, you will need to show that you have maintained or are in the process of reestablishing a US domicile.
   
2. You as the petitioner are the sponsor. If you do not meet the income requirement for your household size, then you will require a joint sponsor (your parents or other relatives can be joint sponsors). This will not come up until the NVC step.
   
3. DCF is not available in Brazil, you will have to send your paperwork to the lockbox in Chicago. There is a good chance that the file will enter the auto-expedite queue since you (the petitioner) are currently residing abroad.
   

Regarding your other question, interviews for CR-1 visas are only conducted at the US Consulate in Rio de Janeiro.

If we are living in São Paulo, I take it then we will have to travel to Rio for the interview?

[jworld34 0]

Since it may be auto-expedited, what's the estimated processing time until she receives the CR-1? And once she does receive the CR-1, when we arrive in the US, she becomes a legal resident rather than the "conditional", correct?

[Ryan H 3,926]

If we are living in São Paulo, I take it then we will have to travel to Rio for the interview?

Yes

Since it may be auto-expedited, what's the estimated processing time until she receives the CR-1? And once she does receive the CR-1, when we arrive in the US, she becomes a legal resident rather than the "conditional", correct?

Check out this thread about the "auto-expedite" queue at USCIS. Experiences there will tell you what to expect from petition filing to adjudication decision. You will still have to wait for the NVC to receive the file and then wait on them to assign a case number, invoice the bills, etc. etc.

CR-1 visa holders are lawful permanent residents on entry. Here's the but, they must file to remove conditions on residency within 90 days prior to the expiration date of their green card. A green card that is issued to a CR-1 visa holder is valid for 2 years starting with the day they became a permanent resident. Once the removal of conditions process is completed, a resident is given a green card that is valid for 10 years.