Which way to go...

[najasabe 0]

Any advise or suggestions would be greatly appreciated

I am a USC, my wife is Brazilian, We were married about 6 years ago, she came to the US on a tourist visa, stayed, applied for and was granted a green card. However we decided to move to brazil shortly after her receiving the green card ( i know ). After living in Brazil for the past 4 years we are looking to move back to the US, and we are not sure what would be the best way. Our 3 options that I understand seem to be:

1. Form DS-117 return of status

2. Direct Consular Filing

3. I return to the US and do IR1 / CR1

The easiest would seem to be her filling the DS-117 form. Does anyone know this is possible with our situation? What do they look for exactly? Any one with experience working with the consulate in Brazil?

Thanks for any input!

Tony

[Boiler 43,871]

Not sure if DCF is available but if it is that would be your best bet.

Did HSE formally abandon her GC, sounds like she did it in practice.

[fbragasilva88 17]

Well I can't really help you out about the form DS-117 because I don't really know about it, but I am pretty sure people will soon help you!

About the DFC at Rio's Consulate, we don't do it no longer, that's why because we don't have an international office anymore. It can only be done at really special cases e.g diseases that can only be treated at U.S... apparently it wouldn't fit yours.

Btw, if the green card was granted, why would be needed go throughout all the process again?

Best of luck for you!!

[Boiler 43,871]

SB 1 is a theoretical option but according to the OP they abandoned presumably the 2 year GC four years ago after a short status as a PR.

[najasabe 0]

Thanks for the quick reply's!! We did not formally abandon the GC, we just left. and gave no notice. That is unfortunate about no DCF....Sounds like the SB1 is the best bet. Anyone know if we can do it? Is this something you need an attorney for? Can I start the IR1 / CR1 process from Brazil, or would i have to return to the US?

[NikLR 13,220]

You can start it from Brazil. You need to start the process completely over. Send the I-130 to the lockbox in Chicago.

[najasabe 0]

So no chance on the SB1 ? If we file from Brazil and there is no DCF where will the interviews take place? Does it matter any that we have been married for longer than 5 years?

Thanks!

[Merrytooth 5,748]

Have you filed US tax returns all these years since you left?

[NikLR 13,220]

So no chance on the SB1 ? If we file from Brazil and there is no DCF where will the interviews take place? Does it matter any that we have been married for longer than 5 years?

Thanks!

Likely not unless there was a very good reason why you couldn't return to the USA. A job etc doesn't count.

Interviews still take place in Brazil.

The beneficiary will get an IR1 10 year green card instead of a conditional green card. You should have plenty of evidence of a genuine relationship

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/content/i130guide1

[Boiler 43,871]

Why has she been gone from the US so long and what can she show that she intended to maintain her US residency?

[najasabe 0]

@Merrytooth .. Yes I have filed tax returns, (I may have missed one year) but I filed using the address I have kept in the US. I am about to do the same for 2014. I have also kept bank accounts in the US. What bearing would this have applying for the visas?

We dont have any real strong reason to show why she has been gone for so long or anything I can think of to show she intended to maintain US residency. Sounds like the SB1 is really out of the picture then.

If we go the IR1 route I assume I would have to stay in Brazil for the whole process, or at least the interviews?

Thanks again!!!

[Boiler 43,871]

You do not need to stay in Brazil.

[najasabe 0]

We will probably start in Brazil, but I may need to return to the US before my wife to get settled, figure out work ect. I still don't understand if I can do this or if I need to be present in Brazil to go to any interviews ect...

[NikLR 13,220]

We will probably start in Brazil, but I may need to return to the US before my wife to get settled, figure out work ect. I still don't understand if I can do this or if I need to be present in Brazil to go to any interviews ect...

You do not need to be present in Brazil for any interviews. You can return to the USA at any time. If you choose not to return before the interview you will need to show you are reestablishing your domicile in the USA, and either have enough assets for the poverty guidelines or a joint sponsor.