Research conformation: please tell me I'm right or wrong!

[RanaRené 0]

Hi all,

I’ve spent a while reading about marriage visas and ways to go about this whole process. My searches have brought me here and I’m very glad it did. The guides have been absolutely wonderful in trying to sort out forms, processes, timelines, and just…wrapping my head around this whole issue. The stories/threads have really made me see a glimpse of what truly happens in these processes. Like others before me, and many after, I’ve decided to post an open question to see if: 1. I understand the information I’ve read, 2. to see if there are things that I’ve missed, and 3. to seek guidance on what path to potentially pursue with a local immigration lawyer.

Background:

I’m planning to get married to a woman I met in college. I was a senior, she was a freshman, and things took off. I never thought I’d see her again in person after she left back home to Brazil, but, then I got into grad school at the same school I went to undergrad at, the same school she is currently attending, and I went back for a year-long professional masters. I graduated (again) in August 2012 and, as luck would have it, moved to Chicago (only 90 mile away from the school!). Being so close to her these past six months has been AMAZING. We’ve gotten to the stage where, well…we’re ready to get married! She still has till May 2014 till she graduates, but I know that time can fly by. That date will be here sooner than I know it, so, I want to plan things out to make the transition as smooth (i.e. not be apart) as possible. Just for reference, I’m an US citizen.

Original plan:

We were planning on getting married in Brazil in September 2014 to be with her family before we move back to Chicago. Since her student visa (F-1) expires July 2014, my understanding is that I would have to file the I-130, G-325a (for both of us), G-1145, and all necessary documents *in the US* (since the laws have been revised and all processing goes through the Chicago lockbox: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2b2a3e70369ff210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD ) after marrying here in Brazil, and just…wait for the process. I believe in the past that a K-3 could’ve been applied for along with the I-130, but now after researching more, it seems that the K-3 is effectively dead. Going with this original plan, we would have to wait the standard time frame ( 6-12 months from what I gather).

I, along with the vast majority of people getting married, don’t wish to wait 6-12 months to be with my spouse. So, I believe there are two options available to me and my future bride to have us be together ASAP.

Option 1:

Apply for the K-1 visa, hopefully get it, keep the timeline of getting married in September, have the ceremony in Brazil (nothing legal, just symbolic), actually get married here in the US, apply for the AOS, and…wait.

Option 2:

Get married while she is still on her student visa (i.e. sometime before July 2014) and apply for AOS, CR-1, and EAD jointly. My understanding is that once the AOS application is submitted to the USCIS, her F-1 is invalid, but she can legally stay in the US until a final decision is made on her AOS application. Hopefully, it’s accepted and then…we wait. But we wait together! I’ve read that the entire process can take about five months.

If my research is right, then option 1 and 2 can happen and we would be able to pass the visa waiting game together. I also saw that, on some threads, these two options are about the same price, but option two would allow her to work faster (I read that EADs are quick). While I would like to stay true to the plans of getting married in September, I want to go the “easiest” route possible with the legal matters because…well, that’s *kinda* important. Having everything go “the way we want” is secondary to being with each other ASAP.

Last, since she is from Brazil and the World Cup is in 2014, we would like to travel to be there during it. I believe this can happen with option 2, as long as we apply for advanced parole (i-131). Is this correct? In option 1 and the original plan she’s already there, so, it doesn’t matter then.

For anybody that read this all the way through, thank you! I really appreciate your concern and willingness to help. Any insight that you can provide would be fantastic, especially from a cost and time perspective. Thanks!

[Kazulie 132]

Do option 2.

Option 1 might give you problems as even though you aren't doing any "legal" ceremony in Brazil, the IO might think it was legal and deny your K-1 and make you do a spouse visa. It has happened many times before and you can read stories here.

Just run off somewhere and get married, file AOS, you should be finished by the end of this year and then you can go to the World Cup in 2014 or wherever else your little hearts desire.

[aaron2020 11,651]

Option 1 is a bad idea. Even though it's not legal, the US Embassy can think it's legal and deny the K-1. the US Embassy will believe you are claiming to be single by fraudulently not submitting your marriage certificate. Since you can't prove a negative, there is no proof that you can submit to show you are not married.

Option 2 is the way to go. Get marry today and file for AOS. File the I-130, I-485, AP, EAD, etc. She will get her AP & EAD in 2-3 months which will allow her to travel outside the US without abandoning the AOS process and be legally able to work. Her F-1 does not become invalid when you file (you got this wrong). She will be fine. It will take 6-12

Months for her to get a green card, so get marry and file soon. Don't wait because unexpected delays could cause problems when she wants to travel outside the US. There's no separation with this option if you marry soon and file soon. Separation is a possibility if you wait until 2014.

Edited February 20, 2013 by aaron2020

[CHarvey80 72]

Option 2!

For the reasons stated above!

[Ryan H 3,801]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[RanaRené 0]

Thank y'all for getting back to me so promptly!

From what I gathered, it is definitely the best route to go with option 2: marry soon and file for AOS ASAP. It's my understanding that it doesn't matter where I get married while she has the F-1, as long as we get married and file for the AOS in the US before her visa expires. So, for example, we can still get married in Brazil sometime before July 2014 (would most likely be this winter since she's a student and has a break in-between semesters), return to the US, and, while she's finishing up her final semester, we can submit the AOS and all other forms. Is this correct? Or does the location of marriage and marriage certificate HAVE to be from the US to do an AOS? Once again, I haven't read anything contrary to this, but...just checking.

Also, I have read that the cost of the AOS and I-130 together, plus all the documentation (translation), and medical will cost about $2,000. Is this correct?

Last, I have read that the US government allows translations to be done by outside parties. Could I have my future wife translate all of her documents from Portuguese to English? She's a native speaker in both and it would be extremely easy for her to do it.

[aaron2020 11,651]

Thank y'all for getting back to me so promptly!

From what I gathered, it is definitely the best route to go with option 2: marry soon and file for AOS ASAP. It's my understanding that it doesn't matter where I get married while she has the F-1, as long as we get married and file for the AOS in the US before her visa expires. So, for example, we can still get married in Brazil sometime before July 2014 (would most likely be this winter since she's a student and has a break in-between semesters), return to the US, and, while she's finishing up her final semester, we can submit the AOS and all other forms. Is this correct? Or does the location of marriage and marriage certificate HAVE to be from the US to do an AOS? Once again, I haven't read anything contrary to this, but...just checking.

Also, I have read that the cost of the AOS and I-130 together, plus all the documentation (translation), and medical will cost about $2,000. Is this correct?

Last, I have read that the US government allows translations to be done by outside parties. Could I have my future wife translate all of her documents from Portuguese to English? She's a native speaker in both and it would be extremely easy for her to do it.

Get marry in the US. Then, do not let her leave without filing for AOS and getting AP. if she leaves without AP, she will not be allowed to return without an immigration visa.

She cannot get marry in Brazil and then use her non-immigrant F-1 visa to enter the US with then intent to immigrate by adjusting status. This is a ticket to her being turned away at the airport, cancellation of her F-1, and a return to Brazil.

She can do th translation. Google "USCIS translation."

[Shiobhan 235]

Do not get marry in Brazil, after she gets her GC here you can do cermony there again for benefit of her family over there.

[NikLR 13,226]

If you AOS you MUST be married in the USA and she MUST wait in the USA until that is complete or unless she receives advance parole to leave. I'm sorry but unless you plan on waiting with your spouse while chasing the CR1 visa, there is no way to get married in Brazil and stay with your spouse. Like Jihana stated, just have a ceremony there after everything is said and done and she has the green card in hand.

[Harpa Timsah 13,258]

Yes, you can't get married Brazil.

You CAN do a courthouse wedding in the US and then plan a big party ceremony in Brazil once she has her AP. You might be able to get married again if Brazil allows already married people to "marry" each other again.

The issue is that F-1 is a non-immigrant visa and she cannot enter the US on it with the intent to immigrate. CBP can and will turn her away at the border.

[RanaRené 0]

Thank y'all!

It seems the choice is clear and we should get married in the US while her visa is active. I really appreciate all of the input and whenever we start the ball rolling on this process, I'm sure I'll be back to ask more questions.

Thanks again!