Dual Nationality + CR1 Visa

[Jortiz12885 0]

I have a very confusing situation. I have my gf living in Brazil. She was an apeur for 2 years in USA and thats how we met. We want to be together and decided to pursue the CR1 visa. She has a tourist visa but we decided to get married in Brazil. I find the process very confusing as I was born in Ecuador and I will need to travel to Ecuador or have someone there to take my birth certificate to the embassy of Brazil to get it "consularizado" as well as a copy of my passport. I dont have a visa in my US passport since ill be using my Ecuadorian passport to travel to Brazil. Now theres many questions I have and would like to know if anyone had experienced something similar, I would appreciate all the advice I could get. Since I will get married in Brazil after getting all the right documents, Will it have any conflict when we apply for the VISA CR1, since instead of using my US Passsport (dont feel like paying the $180 fee to get the visa) I will be using my Ecuadorian passport to get marry in Brazil. Will it affect in any way?

Also will it be "legal" instead for her to just use her tourist visa to come here we get married and then within 3 months she will change her status and get her green card, MUCH FASTER PROCESS. Since she already visited, lived here for 2 years, it wouldnt necessary be considered preconceived intention of getting married while she is in her tourist visa?

[menina 50]

I have a very confusing situation. I have my gf living in Brazil. She was an apeur for 2 years in USA and thats how we met. We want to be together and decided to pursue the CR1 visa. She has a tourist visa but we decided to get married in Brazil. I find the process very confusing as I was born in Ecuador and I will need to travel to Ecuador or have someone there to take my birth certificate to the embassy of Brazil to get it "consularizado" as well as a copy of my passport. I dont have a visa in my US passport since ill be using my Ecuadorian passport to travel to Brazil. Now theres many questions I have and would like to know if anyone had experienced something similar, I would appreciate all the advice I could get. Since I will get married in Brazil after getting all the right documents, Will it have any conflict when we apply for the VISA CR1, since instead of using my US Passsport (dont feel like paying the $180 fee to get the visa) I will be using my Ecuadorian passport to get marry in Brazil. Will it affect in any way?

Also will it be "legal" instead for her to just use her tourist visa to come here we get married and then within 3 months she will change her status and get her green card, MUCH FASTER PROCESS. Since she already visited, lived here for 2 years, it wouldnt necessary be considered preconceived intention of getting married while she is in her tourist visa?

I'm not sure about the Ecuadorian passport, but I can't imagine it would be a problem if you used that to get married. If Brasil allows it, then is should be fine. That is just my opinion, though. As far as using a tourist visa to come to the USA to get married and stay, it is illegal. Even though she has been here before, the intent is still to immigrate using a tourist visa. If she wanted to come here, marry you, and return to Brasil to obtain the CR1/IR1 visa, that is legal. Some people come to the USA, get married, submit the CR1/IR1 paperwork and stay as long as the tourist visa allows before returning to their home country to wait out the rest of the process. In that way, they don't have to spend 8-9 months apart. Unless you wanted to wait with her in Brasil, you will be apart for at least a portion of the process. Good luck to you!

[JohnR! 5,495]

Also will it be "legal" instead for her to just use her tourist visa to come here we get married and then within 3 months she will change her status and get her green card, MUCH FASTER PROCESS. Since she already visited, lived here for 2 years, it wouldnt necessary be considered preconceived intention of getting married while she is in her tourist visa?

That would be illegal and considered immigration fraud.

There is another option. She could come in as a tourist and marry you while here on tourism. That is not a problem. As soon as you are marred, you can file the I-130, and she can stay in the US as long as the CBP allows her upon entry. At some point before the expiration of her authorized stay she will need to return to Brazil to finalize the CR/IR process and get her paperwork in order.

If she has a tourist visa, she can come visit you while the CR process is underway.

Good luck!

[Tricia599 2]

Just a thought about the Ecuadorian passport - my marriage certificate from Brasil lists all my details, including my nationality and passport number. There might be a question as to why the marriage cert doesn't match the passport when you send them both in for the CR-1. It may not be a problem, but it's something to think about. It might trigger an RFE for you to explain it further, so long as you can do that, I wouldn't think it'd be a problem. But sometimes the USCIS does some pretty unexplainable things....

Good luck!

[Jortiz12885 0]

Just a thought about the Ecuadorian passport - my marriage certificate from Brasil lists all my details, including my nationality and passport number. There might be a question as to why the marriage cert doesn't match the passport when you send them both in for the CR-1. It may not be a problem, but it's something to think about. It might trigger an RFE for you to explain it further, so long as you can do that, I wouldn't think it'd be a problem. But sometimes the USCIS does some pretty unexplainable things....

Good luck!

Bad Luck! my gf went to the cartorio today and one of the documents was denied! The Power of Attorney, the wording in the document didnt state some things so they requested a new one and is really time consuming going back and forth. So as mentioned before, She could come to USA and we get marry here, is takes just 2-3 days process unlike Brazil 2-3 weeks. BUT HER MAIN CONCERN is VISA FRAUD! obviously is not legal to come and get marry on a tourist visa and over stay. From the answers is k ASLONG as she RETURNS, but what will she tell the immigration officer upon entry? Thats her main concern, she doesnt want to lie to them, she likes to do things right. If she tells them that shes coming to get marry here then how is she allow entry? Please help....this process has been stressful. Also Tricia599 she did ask in the Cartorio if my passport number will show they told her no which now idk if it depends on the cartorio, idk... I was ready to go get a VISA for my USA passport to avoid any headaches in the future. And once again to reiterate while we file for the CR1 she could travel back and forth? I hear mixed answers with this question. Thanks for everything guys.

[N-o-l-a 7,167]

I wouldn't have her come in on a tourist visa to get married, there is a chance that they might turn her back at POE. How can they be sure she intends to leave? If it were me, I wouldn't chance it.

She can travel back and forth after filing, but she's got to convince the immigration officer that she will be leaving to go back home.

You can get married in a foreign country with a different passport because the US allows dual citizenship. I married in Denmark using my British passport. I would just make sure you note in your G-325A that you are a dual citizen. You'll be asked to prove American citizenship along the way, so I don't see it creating any problems.

Edited November 16, 2012 by Nola123

[Jortiz12885 0]

Well she will def go back she is currently working there. We will have the actual marriage there too I mean first we will have the civil to start the process n then we having a ceremony in Brazil, within 6-7 months or just after we get approved. She will want to be able to come back n forth to visit.