Getting married in the U.S. but going back to Brazil

[CinElizabeth 1]

Hello,

I was hoping someone would have an answer to my question. It is really important for me for my fiance to meet my family before we get married. We would like to get married here and then live in Rio. Does us getting married here tie him down to this country? Do we HAVE TO fill out the paper work for the green card soon after or can we worry about that when we decide to come back and live here? Can I process that paper work from abroad? Due to other personal reasons my fiance can not leave Rio for too long and I really want to go back and live out there as well.

Thanks in advance!

[ryna 132]

There is nothing saying he has to apply for residency (Green Card) after you get married in the U.S. You can head back to Rio the next day if you'd like, live there and if one day you want to move to the U.S., file for a spousal visa. (IR-1/CR-1 depending on how long you have been married at the time.)

[Pitaya 2,577]

Hello,

I was hoping someone would have an answer to my question. You actually asked more than one question. It is really important for me for my fiance to meet my family before we get married. We would like to get married here and then live in Rio. Does us getting married here tie him down to this country? Yes, he will have to live here for some time, read more for details. Do we HAVE TO fill out the paper work for the green card soon after or can we worry about that when we decide to come back and live here? With the K-1 you have to marry in the US within 90 days of arrival, apply for AOS, and then cannot leave until either the Advanced Parole (AP) card or Green Card (AP) is approved. Again, read more for details. Can I process that paper work from abroad? There are appointments to be kept for AOS processing. Due to other personal reasons my fiance can not leave Rio for too long and I really want to go back and live out there as well.

Thanks in advance!

The majority of folks who apply for GC through the K-1 process have the intention of living in the US. From your situation, as you describe, why not just get married in Brazil and apply for spousal visa? This is a DIY site, you are asking for the "Cliff-note" version of a very complex process. Consider doing more research and reading, including the Guides (accessible at the top of the forum page).

Good luck on your immigration journey.

[JohnR! 5,495]

Hello,

I was hoping someone would have an answer to my question. It is really important for me for my fiance to meet my family before we get married. We would like to get married here and then live in Rio. Does us getting married here tie him down to this country? Do we HAVE TO fill out the paper work for the green card soon after or can we worry about that when we decide to come back and live here? Can I process that paper work from abroad? Due to other personal reasons my fiance can not leave Rio for too long and I really want to go back and live out there as well.

Thanks in advance!

Cin,

My sister did just that. They wanted to get married in Brazil but it was so complicated that her then-fiance flew up to the US. They got married here, he left after a couple of days and applied for her Brazilian 'green card'. Her visa took about 6 months to process. They never returned to live here though. In your case, if/when you're ready to move to the states you need to file a petition - I-130 - for an immigrant visa to be issued for your husband. You can do the paperwork in Brazil, provided they still have DFC at the time.

Congrats and good luck!

[ryna 132]

The majority of folks who apply for GC through the K-1 process have the intention of living in the US. From your situation, as you describe, why not just get married in Brazil and apply for spousal visa? This is a DIY site, you are asking for the "Cliff-note" version of a very complex process. Consider doing more research and reading, including the Guides (accessible at the top of the forum page).

Good luck on your immigration journey.

There is no obligation to apply for AOS if you have no intention of living in the U.S. Sometimes, a K-1 visa is the only way to enter the U.S. for a wedding held in the U.S. (for family in the U.S. or whatever reason) if the fiancé is from a non-VWP country and the B1/B2 is not an option.

You can have your wedding here in the U.S. and then move to Brazil. If and when you guys have decided to move to the U.S., you can file for the CR-1/IR-1 Spousal visa right in Brazil through the Direct Consular Filing (DCF) process and continue to live in Brazil until the visa is approved. One thing to consider is that at the time you file for DCF, you (the USC) have to be a resident of Brazil. Otherwise, you'll have to file for the spousal visa from within the U.S. The requirement that he not leave the U.S. until AP/AOS is approved is only if you intend to live here right after marrying on the K-1 (but once you do leave, that is it without a new visa of some sort!)

[Hank_ 9,174]

Hello,

I was hoping someone would have an answer to my question. It is really important for me for my fiance to meet my family before we get married. We would like to get married here and then live in Rio. Does us getting married here tie him down to this country? Do we HAVE TO fill out the paper work for the green card soon after or can we worry about that when we decide to come back and live here? Can I process that paper work from abroad? Due to other personal reasons my fiance can not leave Rio for too long and I really want to go back and live out there as well.

Thanks in advance!

Can't he get a tourist visa? Doing the K-1 process just to get married then return to Rio ...hmm. Of course nothing to stop anyone from leaving the next day after getting married.

[CinElizabeth 1]

Cin,

My sister did just that. They wanted to get married in Brazil but it was so complicated that her then-fiance flew up to the US. They got married here, he left after a couple of days and applied for her Brazilian 'green card'. Her visa took about 6 months to process. They never returned to live here though. In your case, if/when you're ready to move to the states you need to file a petition - I-130 - for an immigrant visa to be issued for your husband. You can do the paperwork in Brazil, provided they still have DFC at the time.

Congrats and good luck!

Hello!Thank you!Nice to know it has been done!

[CinElizabeth 1]

There is no obligation to apply for AOS if you have no intention of living in the U.S. Sometimes, a K-1 visa is the only way to enter the U.S. for a wedding held in the U.S. (for family in the U.S. or whatever reason) if the fiancé is from a non-VWP country and the B1/B2 is not an option.

You can have your wedding here in the U.S. and then move to Brazil. If and when you guys have decided to move to the U.S., you can file for the CR-1/IR-1 Spousal visa right in Brazil through the Direct Consular Filing (DCF) process and continue to live in Brazil until the visa is approved. One thing to consider is that at the time you file for DCF, you (the USC) have to be a resident of Brazil. Otherwise, you'll have to file for the spousal visa from within the U.S. The requirement that he not leave the U.S. until AP/AOS is approved is only if you intend to live here right after marrying on the K-1 (but once you do leave, that is it without a new visa of some sort!)

Yes unfortunately my fiance was not approved for a tourist visa...so we are seeking for a way for him to come and visit and meet my family.Thank you!