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US citizen marrying Brazilian, NEED HELP ASAP

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Hi all,

Quick summary. Me and my girlfriend planned on marrying in Brazil next January, however her mom has really flip flopped on whether she supports us or not, and the amount of time we would need to stay in her house to get on our feet. So, at this time we are looking at a situation of moving here to the US. Need some answers, please.

1.) Is it a faster process to marry in Brazil, or marry in US?

2.) If we marry in Brazil, how long does it take until she can come to the US and stay here permanently?

3.) If we do in fact marry in Brazil, do I have to BE in the US while her visa is processed, or can I stay in Brazil with her?

As for marrying in the US, same sort of questions.

1.) If we marry in the US, does she have to go back to Brazil? If so, can I go back with her?

2.) Is there any way that we can be together during her visa/CR-1 being processed?

I want to avoid AT ALL COSTS being apart. It's taken a bad toll on both of us, and we both would like to stay together throughout all of this. I have a co-sponsor and everything. I just need advice and answers on the best solutions to applying for her CR-1 and for us to stay together and not be apart. Whether it be me there or her here.

Thank you all so much,

J

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Filed: Citizen (apr) Country: Brazil
Timeline

Hi all,

Quick summary. Me and my girlfriend planned on marrying in Brazil next January, however her mom has really flip flopped on whether she supports us or not, and the amount of time we would need to stay in her house to get on our feet. So, at this time we are looking at a situation of moving here to the US. Need some answers, please.

1.) Is it a faster process to marry in Brazil, or marry in US?

2.) If we marry in Brazil, how long does it take until she can come to the US and stay here permanently?

3.) If we do in fact marry in Brazil, do I have to BE in the US while her visa is processed, or can I stay in Brazil with her?

1) I got married in the US and I'm pretty sure it is faster!

2 and 3) Yes you can stay in Brazil during the process. Basically if the US Citizen is living abroad the process gets auto expedited and it could take about 5 months. We are in Brazil, and we started our process in July 18. We have an interview on November 30.

As for marrying in the US, same sort of questions.

1.) If we marry in the US, does she have to go back to Brazil? If so, can I go back with her?

2.) Is there any way that we can be together during her visa/CR-1 being processed?

I want to avoid AT ALL COSTS being apart. It's taken a bad toll on both of us, and we both would like to stay together throughout all of this. I have a co-sponsor and everything. I just need advice and answers on the best solutions to applying for her CR-1 and for us to stay together and not be apart. Whether it be me there or her here.

Thank you all so much,

J

1) I know there is the Adjustment of Status, but I don't know how it works, and if you get married on a tourist visa and apply for Adjustment of Status you can get denied for visa fraud.

2) You can both be in Brazil during the process.

About auto-expedited, I don't know how this thing is working with all these cases being transferred all over the US. My wife and I are loving together in Brazil since January.

Service Center : California Service Center (CSC)

Marriage: 2011-12-29 in Salt Lake City, UT - USA

2012-07-18: I-130 Sent

2012-07-25: USCIS Received

2012-07-26: I-130 NOA1

2012-08-06: I-130 Approved (11 days)

2012-08-23: NVC Received (17 days)

2012-08-25: Return Completed DS-3032

2012-09-04: Received DS-3032 / I-864 Bill

2012-09-04: Pay I-864 Bill

2012-09-06: Receive I-864 Package

2012-09-06: Received IV Bill

2012-09-07: Pay IV Bill

2012-09-12: Return Completed I-864

2012-09-12: IV Packet Sent

2012-09-20: AOS RFE

2012-09-22: AOS RFE Sent (from US - scanned)

2012-09-24: AOS RFE Sent (from BR - originals)

2012-09-24: IV Accepted

2012-10-04: AOS RFE (to be presented at interview)

2012-10-04: Case Completed at NVC(42 Days)

2012-10-12: Received Instruction Package

2012-11-30: Interview Date

2012-11-30: Interview Result: APPROVED

2012-12-04: Visa Received

2012-12-12: US Entry

2012-12-22: SSN Received

2013-01-02: Greencard Received

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

1) I got married in the US and I'm pretty sure it is faster!

2 and 3) Yes you can stay in Brazil during the process. Basically if the US Citizen is living abroad the process gets auto expedited and it could take about 5 months. We are in Brazil, and we started our process in July 18. We have an interview on November 30.

1) I know there is the Adjustment of Status, but I don't know how it works, and if you get married on a tourist visa and apply for Adjustment of Status you can get denied for visa fraud.

2) You can both be in Brazil during the process.

About auto-expedited, I don't know how this thing is working with all these cases being transferred all over the US. My wife and I are loving together in Brazil since January.

Thanks so much for the info!

So, lets say we marry in Brazil and immediately file for the CR-1, you'd say about 5 months is the ideal situation then?

Interview in Rio and move back to the US?

Also, should I just overstay my tourist visa then and take the fine? (Only about a month or two overstay).

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Filed: Lift. Cond. (apr) Country: China
Timeline

Also, should I just overstay my tourist visa then and take the fine? (Only about a month or two overstay).

You would probably be better off getting your stay legally extended.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Thanks so much for the info!

So, lets say we marry in Brazil and immediately file for the CR-1, you'd say about 5 months is the ideal situation then?

Interview in Rio and move back to the US?

Also, should I just overstay my tourist visa then and take the fine? (Only about a month or two overstay).

ditto what he asked. lol. so by extending my tourist visa, in what way is that different from filing for a temporary visa? Which takes longer?

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Extend the tourist visa - it's not a bad process.

Be sure to research what it takes to get married in Brazil if that is your plan. Add at least another month between when you register at the cartorio and the actual wedding date (we had to wait 45 days - IIRC, it was a mandatory waiting period). And that is if you have all the docs they want...certified, authenticated (by the Brazilian consulate in the US), and then registered with your local cartorio. It's a lot of red tape and hoops to jump through. Just take that into consideration.

Good luck!

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Filed: Citizen (apr) Country: Brazil
Timeline

Thanks so much for the info!

So, lets say we marry in Brazil and immediately file for the CR-1, you'd say about 5 months is the ideal situation then?

Interview in Rio and move back to the US?

Also, should I just overstay my tourist visa then and take the fine? (Only about a month or two overstay).

If you get auto-expedited the process can take around 5 months (starting when you mail your I-130 and ending when you fly to the US), but there is no guarantee you will be auto-expedited. Make sure you include you address abroad as your current address.

Do not overstay, better to stay legally, before you visa expires you can apply for extension. So you will be able to stay 6 months . I'm pretty sure it will be enough time. You can send all your documentation from the US before you leave to Brazil.

Service Center : California Service Center (CSC)

Marriage: 2011-12-29 in Salt Lake City, UT - USA

2012-07-18: I-130 Sent

2012-07-25: USCIS Received

2012-07-26: I-130 NOA1

2012-08-06: I-130 Approved (11 days)

2012-08-23: NVC Received (17 days)

2012-08-25: Return Completed DS-3032

2012-09-04: Received DS-3032 / I-864 Bill

2012-09-04: Pay I-864 Bill

2012-09-06: Receive I-864 Package

2012-09-06: Received IV Bill

2012-09-07: Pay IV Bill

2012-09-12: Return Completed I-864

2012-09-12: IV Packet Sent

2012-09-20: AOS RFE

2012-09-22: AOS RFE Sent (from US - scanned)

2012-09-24: AOS RFE Sent (from BR - originals)

2012-09-24: IV Accepted

2012-10-04: AOS RFE (to be presented at interview)

2012-10-04: Case Completed at NVC(42 Days)

2012-10-12: Received Instruction Package

2012-11-30: Interview Date

2012-11-30: Interview Result: APPROVED

2012-12-04: Visa Received

2012-12-12: US Entry

2012-12-22: SSN Received

2013-01-02: Greencard Received

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

If you get auto-expedited the process can take around 5 months (starting when you mail your I-130 and ending when you fly to the US), but there is no guarantee you will be auto-expedited. Make sure you include you address abroad as your current address.

Do not overstay, better to stay legally, before you visa expires you can apply for extension. So you will be able to stay 6 months . I'm pretty sure it will be enough time. You can send all your documentation from the US before you leave to Brazil.

So what do you mean by you can send all your documentation before you leave to Brazil? Sorry lots of questions...

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Filed: Lift. Cond. (apr) Country: China
Timeline

So what do you mean by you can send all your documentation before you leave to Brazil? Sorry lots of questions...

anyone..??

You can send the immigration forms and documentation to the US from Brazil.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Citizen (apr) Country: Brazil
Timeline

So what do you mean by you can send all your documentation before you leave to Brazil? Sorry lots of questions...

Sorry, I meant that if you get married in the US you can send all paperwork to the USCIS from the US and then come to Brazil and wait for the process with your wife down in Brazil. This way the petition will get faster to the USCIS (I used express mail from Brazil and it took about a week to get there).

But no matter the way you choose I saw people going through the USCIS stage in 60 days, that's pretty fast. I took 11 days between NOA1 and NOA2, but that was auto-expedited, we didn't request anything. Then I took 40 days to go through the NVC. We have an interview on November 30. We sent the I-130 to the USCIS on July 18.

Service Center : California Service Center (CSC)

Marriage: 2011-12-29 in Salt Lake City, UT - USA

2012-07-18: I-130 Sent

2012-07-25: USCIS Received

2012-07-26: I-130 NOA1

2012-08-06: I-130 Approved (11 days)

2012-08-23: NVC Received (17 days)

2012-08-25: Return Completed DS-3032

2012-09-04: Received DS-3032 / I-864 Bill

2012-09-04: Pay I-864 Bill

2012-09-06: Receive I-864 Package

2012-09-06: Received IV Bill

2012-09-07: Pay IV Bill

2012-09-12: Return Completed I-864

2012-09-12: IV Packet Sent

2012-09-20: AOS RFE

2012-09-22: AOS RFE Sent (from US - scanned)

2012-09-24: AOS RFE Sent (from BR - originals)

2012-09-24: IV Accepted

2012-10-04: AOS RFE (to be presented at interview)

2012-10-04: Case Completed at NVC(42 Days)

2012-10-12: Received Instruction Package

2012-11-30: Interview Date

2012-11-30: Interview Result: APPROVED

2012-12-04: Visa Received

2012-12-12: US Entry

2012-12-22: SSN Received

2013-01-02: Greencard Received

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Sorry, I meant that if you get married in the US you can send all paperwork to the USCIS from the US and then come to Brazil and wait for the process with your wife down in Brazil. This way the petition will get faster to the USCIS (I used express mail from Brazil and it took about a week to get there).

But no matter the way you choose I saw people going through the USCIS stage in 60 days, that's pretty fast. I took 11 days between NOA1 and NOA2, but that was auto-expedited, we didn't request anything. Then I took 40 days to go through the NVC. We have an interview on November 30. We sent the I-130 to the USCIS on July 18.

awesome news. Hope everything goes well for you guys in the interview. I'm going to hear big news this week that could change all my plans. My gf is having her tourist visa interview this week at the consulate. If it goes well she will be able to visit me. :) If not... well then plan B goes into full effect. Plan B being the moving to brazil/marriage cr-1 process.

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  • 1 month later...
Filed: Citizen (apr) Country: Ireland
Timeline

*** question unrelated to topic and not by OP removed. PLease ask your own questions in your own thread ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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