U.S. citizen with a Brazilian wife. I need some advice.

[GringoMan 4]

Hello,

Thanks for taking the time to assist me. I've been reading here a lot and I'm still a bit unsure of what to do here.

Let me give a summation of my situation.

I'm American. My wife is Brazilian. We met in Brazil almost a decade ago and we've been married for almost 7 years (living in Brazil). We got married in Brazil. We also have a 1 year old son who has dual citizenship. We've been spending more time in the U.S over the last 2-3 years and this year I think we're going to move to the U.S. (currently here visiting now).

I think we want to return to Brazil one more time for a couple of weeks and then come back to the U.S. We'll move to the SF Bay Area (as I work in tech).

1. I've been reading about RapidVisa and VisaNow. Supposedly they both have a really high rate of approvals. Has anyone here used them and does the community here generally think such services are worth the money. I'm willing to do all the legwork myself, but this is a very important process. Thus, I'm willing to pay the extra amount if that's what it takes to make sure things are done correctly.

2. I'm doing a startup from savings so my income isn't strong right now. Though I'll likely raise funds for my startup in Silicon Valley. Should I get my parents to sponsor me just to make sure things are fine.

3. How much should I expect to spend?

4. Which visa should we apply for?

[aaron2020 11,651]

Hi,

Here is the quick and straight dope.

If your wife leaves for Brazil, she will need a spousal visa to immigrate to the U.S. The process will take a year. This means she can not come and live here for at least a year.

It's illegal to enter the U.S. on a tourist visa with the intent to immigrate. A brief trip to Brazil may end up being a long trip.

Since she is in the U.S. right now, she can file to adjust her status for a green card. If she leaves the U.S. without Advance Parole (AP) or a green card, she will be deemed to have abandoned the process. It takes approximately 90 days to get AP. Once she gets AP, she can go to Brazil and come back. You will not be separated. This would be my choice.

You will need your parents to be Joint Sponsors on the I-864 Affidavit of Support.

This is a DIY website. Most of us do this without paying anyone for help. Read the Guides on this website.

Best of luck

Edited July 18, 2015 by aaron2020

[JohnR! 5,495]

If you're both in the US at this moment, get her greencard before you leave for Brazil. It should take no more than a few months for her to get her greencard, after which she will be able to travel internationally. If she leaves the US you'll need to apply for a spouse visa - IR - which may take up to a year, during which she will be able to visit but not stay. If you're intent on moving to the US and if she can spend a few more months stateside, AOS is the fastest and easiest way to get her permanent residence.

If you're internet savvy you won't need external help. All the forms are free of charge and you can get tons of free advice in this site.

Check out the guide here --> http://www.visajourney.com/content/i130guide2

Good luck!

Edited July 18, 2015 by JohnR!

[GringoMan 4]

Thanks. I'm going to look into this below. We've been spending several months per year in the U.S. over the last few years. I'm not sure if I just want to start the process now or later. I'll look for posts here on "filing to adjust her status to a green card".

It's illegal to enter the U.S. on a tourist visa with the intent to immigrate. A brief trip to Brazil may end up being a long trip.

Since she is in the U.S. right now, she can file to adjust her status for a green card. If she leaves the U.S. without Advance Parole (AP) or a green card, she will be deemed to have abandoned the process. It takes approximately 90 days to get AP. Once she gets AP, she can go to Brazil and come back. You will not be separated. This would be my choice.

Thanks for the feedback. You guys rock! I didn't expect to get feedback so quickly.

If you're both in the US at this moment, get her greencard before you leave for Brazil. It should take no more than a few months for her to get her greencard, after which she will be able to travel internationally. If she leaves the US you'll need to apply for a spouse visa - IR - which may take up to a year, during which she will be able to visit but not stay. If you're intent on moving to the US and if she can spend a few more months stateside, AOS is the fastest and easiest way to get her permanent residence.

If you're internet savvy you won't need external help. All the forms are free of charge and you can get tons of free advise in this site.

Check out the guide here --> http://www.visajourney.com/content/i130guide2

Good luck!

[GringoMan 4]

Is it really risky applying for the visa from the U.S.? We visit here for a few months per year. This time I have business that really demands that I be here. My book is being published so I need to stay in the U.S. to complete it.

[JohnR! 5,495]

If your marriage is for real - and after years it will be hardly to doubt that - you should have no issues. Your process should not be complicated at all. The AP (advance parole) should take 3-4 months and the greencard should follow in a couple of months. After these many years I doubt your wife would be called for an interview.

Is it really risky applying for the visa from the U.S.? We visit here for a few months per year. This time I have business that really demands that I be here. My book is being published so I need to stay in the U.S. to complete it.

[GringoMan 4]

Awesome. I need to read more as I thought the interview was mandatory. Yes. We've been married for nearly 7 years. Would be nice if that helped our case. Maybe I'm more nervous than I should be.

If your marriage is for real - and after years it will be hardly to doubt that - you should have no issues. Your process should not be complicated at all. The AP (advance parole) should take 3-4 months and the greencard should follow in a couple of months. After these many years I doubt your wife would be called for an interview.

One more quick question. Should I start the process here and use my parents address? Or should I wait until I get out to California? I'm not sure if a change of address would cause an issue. I promise to read more on this forum as not to ask silly questions that have already been answered in one of the guides.

[JohnR! 5,495]

Even if called for an interview, the questions she'll be asked are mundane questions that any wife should know and after being married for 7 years there is nothing she can be asked she would have a hard time answering. You're overthinking this...

If you are intent on moving to the US start the process now and use your parents' address until you're settled in your own place. A change of address won't hurt you in the future.

Awesome. I need to read more as I thought the interview was mandatory. Yes. We've been married for nearly 7 years. Would be nice if that helped our case. Maybe I'm more nervous than I should be.

One more quick question. Should I start the process here and use my parents address? Or should I wait until I get out to California? I'm not sure if a change of address would cause an issue. I promise to read more on this forum as not to ask silly questions that have already been answered in one of the guides.

[GringoMan 4]

Thanks. I'm on it. I think I am definitely overthinking it.

You're overthinking this...

If you are intent on moving to the US start the process now and use your parents' address until you're settled in your own place. A change of address won't hurt you in the future.

[aaron2020 11,651]

When is your wife plan on leaving the U.S. on this trip?

Edited July 18, 2015 by aaron2020

[GringoMan 4]

We were considering September, but it's not really a trip we need to make. So we might just skip it and get this green card process started

When is your wife plan on leaving the U.S. on this trip?

[aaron2020 11,651]

We were considering September, but it's not really a trip we need to make. So we might just skip it and get this green card process started

Cool. File ASAP. The sooner you file, the sooner she gets AP to travel internationally.

[Unshakable Faith 493]

As it has been said, if you decide to make the trip and then she returns as a "visitor" again and then you file AOS, it will be considered immigration fraud because when she entered the US her intent was to stay. Make sure you do this process now if she's already in the states.

Good luck on your journey!!

Edited July 19, 2015 by FN&KO

[NikLR 13,220]

~~moved to what visa do I need from IR1/CR1 process and procedures~~

[spectec 12]

We used Rapidvisa for K-1 and AOS. Excellent service IMO. They make it very difficult to make a mistake. Probably could have done it on our own but it was nice to have someone review the forms before submission.