Is IR-1 my only/best option?

[Mspk86 0]

This is my first post, trying to understand this whole immigration thing!

I'm Brazilian and have been married to a US Citizen since May 2013 in Brazil. We have 3 children together.

We are now thinking about moving back to the US (I lived with him from 2010-2013 unmarried in Denver). Our children already have US citizenship and passports. Now the issue is how can I join my family back in the US? Is my only option applying from IR-1 while still in Brazil and waiting until I get the visa or can I move with them after applying and come back for the interview?

I have both a tourist visa and a Portuguese passport (visa waiver). We would like to move by the end of the year, but I'm afraid I'd get left behind...

Thanks!

[Georgia16 2,858]

you can't move with them but you are allowed to visit while in the process.

I would hurry up and sent in the documents since you might be lucky to have it by then end of the year..

[Foreign Fantasy 52]

The most legal way of doing it would be to file for the IR1 visa since you have been married for over 2 years. Although it is possible for you to come on your tourist visa and adjust status, it is illegal because you are coming in with the intent to immigrate.

You have two choices as I see.

1. Is to file for the IR1 and go through the whole process, which should take you up to a year from when you start.

2. See if Brazil offers Direct Consular Filing since your husband lives with you there, those take much much shorter and it would net you the same visa.

Yes you may visit during the process, but if they ask you at entry who you will be staying with I suggest you be honest, because if they find out you are married and had not told them, and you got denied it will be harder to get your immigrant visa because it shows dishonesty.

Good luck.

Edited April 11, 2016 by Foreign Fantasy

[Ryan H 3,925]

2. See if Brazil offers Direct Consular Filing since your husband lives with you there, those take much much shorter and it would net you the same visa.

No DCF in Brazil.

[Foreign Fantasy 52]

Welp, I would get your petition started asap then! The sooner you start the sooner you will be able to legally immigrate

[Mspk86 0]

Thanks everyone for your replies.

I've read that K3 has become obsolete and IR-1 would be easier to do what I'm intending to do. But wouldn't K3 help me get in the US faster? The difference is that I'd have to apply for AOS, whereas with IR-1 I'd have residency at the port of entry? Or K3's actual processing times are slower?

[Georgia16 2,858]

Thanks everyone for your replies.

I've read that K3 has become obsolete and IR-1 would be easier to do what I'm intending to do. But wouldn't K3 help me get in the US faster? The difference is that I'd have to apply for AOS, whereas with IR-1 I'd have residency at the port of entry? Or K3's actual processing times are slower?

The K-3 is basically not given anymore ... With the IR-1 you'll get the 10 year green card when you arrive. You'll be able to work form the day you enter.

You'll have to do the IR-1 and get started NOW so you might have it before you family leaves.

Look and read at the guides.

[Mspk86 0]

Ok! Got it.

So since my husband (the petitioner) is also living in Brazil, we have to mail everything from Brazil to the Chicago Lockbox? Can it be sent via FedEx? And what about the money order, can it be something issued down here?

I'm wondering if I'll have to mail things to my mother in law first and then she'll mail it to Chicago for us.

[Georgia16 2,858]

Just going to provide you with things you might wanna read:

https://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

https://www.uscis.gov/i-130

https://www.uscis.gov/forms-filing-tips

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

You can send it from down there and yes you can FedEx it (look at the filing tips link).

Just be aware that your husband has to have filed taxes all these years and I think he also need to prove he will intend to live in the US. (Somebody else knows more about thes or you can read about it in the links )

[Mspk86 0]

Thanks, Georgia. I'll read those again more closely.

Do you know if he needs to show his income tax returns even if he's not going to be my sponsor?

His mother will be doing that.

[Foreign Fantasy 52]

Thanks, Georgia. I'll read those again more closely.

Do you know if he needs to show his income tax returns even if he's not going to be my sponsor?

His mother will be doing that.

yes he will.

He will be the one filing for you, so he will be your main sponsor and his mother will be a cosponsor, there is no way around it.