Getting my Brazilian husband an IR-1 while we both live in Brazil

[Lexmarion 0]

Hello! I am American, and I've lived in Rio de Janeiro with my husband for 3 and a half years, and we've been married for 3 years. Our marriage certificate is Brazilian, if that matters. I'll bold the important questions for you skimmers.

Anyway, now we're looking to move to the United States. We want to apply for an IR-1, but apparently I need to have residence in the United States, as well as an income. We were hoping we could apply while living in Brazil, and then move when everything's settled. Is there any way we can do that? If not, I suppose we could move and he'd stay on his tourist visa until everything's sorted. That would just be substantially less convenient.

Also, my husband has both Brazilian and Portuguese citizenship. Brazilians must apply for a tourist visa and can stay for 6 months out of the year, while Portuguese don't have to get a tourist visa and can stay for 3 months. Is there any way we can stack his two citizenships for him to stay for 9 months during the application, or is there some other way he can stay for longer than 6 months in case the application takes longer than expected?

Thanks for all and any replies that may come. If you need more information, I can supply it.

[Transborderwife 4,666]

1. He would have to do his medical and interview in the Brazil You would have to return to re establish domicile in the USA on your own as Brazil does not allow direct consular filing.

2. No. 6 months would be his maximum IF granted a tourist visa. He would have to show substantial ties to his home country showing reason that he'd return

Edited June 3, 2015 by Transborderwife

[Lexmarion 0]

1. He would have to do his medical and interview in the Brazil You would have to return to re establish domicile in the USA on your own as Brazil does not allow direct consular filing.

2. No. 6 months would be his maximum IF granted a tourist visa. He would have to show substantial ties to his home country showing reason that he'd return

Thanks for your reply. Do you know if there's any way I could use my parents' house as a domicile? I don't actually have to LIVE there, do I?

[Transborderwife 4,666]

I believe that you can if you have things tied to that address (ie: car, insurance, drivers licence, etc). Perhaps somebody better informed than I on re establishing domicile can help.

[Boiler 43,430]

There are lots of threads running on it. Some Consulates are more picky than others.

It will be come an issue about a year away and in the meantime he can visit as he has the VWP access, but pushing it is not a good idea.

[Jawaree 717]

Cannot stack citizenship to your benefits, if you petition him

U visit & start to prepare at your parents home, license ,bank

accounts etc You can travel back and forth during the process

and a co-sponsor will probably be needed...he cat use a tourist

visa to migrate or vwp only to visit, but with all the ability to travel

by both of you seem only short spells that you would be away from

eac other during the correct process

[Velvety 4]

Of course you can petition while being outside the US. Half of US citizens on here live abroad with their spouse. Looks like you will need a joint sponsor later on in the NVC process. You can choose one of your parents if they meet the income requirements. You have to read the CR-1 guide on here that explains step by step what you do during the whole process. Your marriage certificate and any other documents you mail in that are NOT in english WILL require a certified english translation done by a "tradutor juramentado". When mailing in your I-130 you have to include both the translated copy and the original portuguese copy of your marriage certificate.