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tmac9wr

I-130 and General Green Card Question

By tmac9wr in Tourist Visas

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tmac9wr Newbie

tmac9wr   0

Posted
Filed: Country: Brazil
 Timeline
Posted

Hey everyone,

I'm an American currently living in Brasil. I'm married to a Brasilian girl, who I met back in Boston. I saw that the I-130 is to establish the relationship with an alien or something like that...we were married in Boston, and our marriage is recognized by the state of Massachusetts...shouldn't this be enough for the government to recognize our marriage? Or is it still necessary to file the I-130?

I'd also like to know what kind of time frame it'll be for us to get her Permanent Visa? When we were in the US she was on a temporary work visa (which she actually overstayed a bit), and we never changed this before leaving because we were more focused on getting my visa to Brasil straightened away.

We wouldn't be moving back permanently, we just want to go for a visit to the US next fall for my friend's wedding. If the permanent visa process is too long for this, is there a temporary visitor visa that she'd be eligible for that would be more fitting?

Thanks for any help you can give me!

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The Mean Lady Mentor

The Mean Lady   604

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

The I-130 is the application prior to the CR1/IR1 visa which is a visa for intent to live in the US.

You cannot file these just to visit the US.

You would need a visitors visa if that's what the US requires from Brazil.

It is not enough to just marry someone and then they have access to your country

There is a process still and visas are required.

oldlady.gif

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

Hey everyone,

I'm an American currently living in Brasil. I'm married to a Brasilian girl, who I met back in Boston. I saw that the I-130 is to establish the relationship with an alien or something like that...we were married in Boston, and our marriage is recognized by the state of Massachusetts...shouldn't this be enough for the government to recognize our marriage? Or is it still necessary to file the I-130?

I'd also like to know what kind of time frame it'll be for us to get her Permanent Visa? When we were in the US she was on a temporary work visa (which she actually overstayed a bit), and we never changed this before leaving because we were more focused on getting my visa to Brasil straightened away.

We wouldn't be moving back permanently, we just want to go for a visit to the US next fall for my friend's wedding. If the permanent visa process is too long for this, is there a temporary visitor visa that she'd be eligible for that would be more fitting?

Thanks for any help you can give me!

if you aren't planning to move permanently then a GC is no use, the GC is for living in the US. The only thing there is, is a tourist visa

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Douglas Custodio Explorer

Douglas Custodio   7

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

You should apply for a tourist visa if you're not willing to move permanently there. But your wife might have problems with the application because she overstayed a visa before.

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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Ryan H Grand Master

Ryan H   3,790

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

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; OP's spouse will need to apply for a tourist visa for temporary visits to the US.

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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jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

Hey everyone,I'm an American currently living in Brasil. I'm married to a Brasilian girl, who I met back in Boston. I saw that the I-130 is to establish the relationship with an alien or something like that...we were married in Boston, and our marriage is recognized by the state of Massachusetts...shouldn't this be enough for the government to recognize our marriage? Or is it still necessary to file the I-130? I'd also like to know what kind of time frame it'll be for us to get her Permanent Visa? When we were in the US she was on a temporary work visa (which she actually overstayed a bit), and we never changed this before leaving because we were more focused on getting my visa to Brasil straightened away.We wouldn't be moving back permanently, we just want to go for a visit to the US next fall for my friend's wedding. If the permanent visa process is too long for this, is there a temporary visitor visa that she'd be eligible for that would be more fitting?Thanks for any help you can give me!

Getting rid of semantics first - The I-130 petition is not to make your marriage official. Your marriage is already official. Rather, it is a petition filed by a US citizen or permanent resident on behalf of a family member. When filing an I-130 on behalf of a family member (spouse, parent, child, sibling), you are basically asking the US government to allow that family member to apply for a visa to live permanently in the US. Once the petition is approved by USCIS, the family member can then apply for an immigrant visa on the basis of the underlying approved I-130.

As you both live in Brazil and intend to continue living in Brazil, a B-2 tourist visa is the only appropriate visa for your wife. The I-130 is irrelevant in this case as a tourist visa is a non-immigrant visa. She can apply for a B-2, but be aware that the fact that she is married to a US citizen and has a record of previous overstay may both play against her. In order to qualify for a tourist visa, one must show the interviewing consular officer that they are a legitimate tourist, and plan to depart the US after their visit, generally within 180 days. Consular officers are required by US law to assume every applicant to be an intending immigrant until satisfied otherwise.

Your US citizenship can play against her chances as the consular officer may believe that you are both intending to move back to the US rather than just visit. In which case she'll need an immigrant visa, not a non-immigrant visa. Her previous overstay can play against her chances as she has previously failed to obey by visa rules. If she overstayed by more than 180 days, she has a 3 year bar from entry. If she overstayed more than one year she has a 10 year bar.

I would prepare to bring to the visa interview strong evidence that she has no intentions of leaving Brazil for good. Examples of this can be a job letter/contract, proof of property ownership in Brazil, proof of strong family ties in Brazil (in this case you), anything really that shows ties to Brazil. I've heard of a case of a person showing his adoption papers for his dog. You have a good case in that you were married in the US and then moved to Brazil.

Best of luck. Not trying to scare you, but the more you know, the better prepared you are!

Edited by Jay Jay
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