Getting my Brazilian Girlfriend American Citizenship

[aaron2020 11,651]

Hi,

She would need a K-1 visa. On sensitive situations liek this get consultation from an immigration lawyer. Make sure the paperwork is in oorder.

Incorrect.

Married people can not qualify for a K-1.

Why does this situation need a lawyer? Many people have successfully done the exact same thing and adjust on their own with no problems.

[RobNYC 0]

Which form do I need to file?

[Boiler 43,464]

[Fritzr 3]

Which form do I need to file?

You are married, this limits your options

I-129f (K-3) is used when the K processing is significantly faster...usually not needed and requires an additional I-485 petition to ask for Permanent Resident status.

I-130 (CR-1/IR-1) is applying for admission to US as a Conditional Permanent Resident (2yr green card) She will need to return to Brazil to complete this process.

I-485 (Adjustment of Status) is applying for permission to convert her visitor visa to conditional permanent resident visa without leaving US. This one you should get legal advice on before applying as using the B visa for the purpose of bypassing the usual process can trigger fraud charges.

The K-3 will include her son

With either I-130 or I-485 for her, you will need a separate I-130 to allow her son to join you in New York.

See the guides for details of each process.

The adventure continues

Fritz

[Rocha_2014 10]

Hello Robnyc, I was wondering If manage to get your spouse and her son staying legally here in US. Did she left to Brazil or everything worked fine from here?

I hope you guys are fine.

[RobNYC 0]

So far so good, Shes still here, I'm filing 5 separate forms to try and keep her here.

Thanks for asking!