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Aline SC

Fiance, Spouse or Visitor visa??? HELP!!!!

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Hello guys, good evening. 

 

I need an advice about my situation, because I am REALLY confused!!!!

So, I lived in US (Crookston, MN) from August of 2014 to January of 2016, because I was in an exchange program, sponsored by my country, Brazil. For this reason, I got the J1 visa. During this time in US, I met my boyfriend, and we've being dating for 2 years. I am in Brazil right now, and my plan was finish Vet School in Brazil on the beggining of 2017, and then come back to US with a visitor visa (B2),  and stay there for 6 months, because it is the maximum time that I can stay in US with this visa. After this time, I would go back to Brazil, and stay for one month or so. After this month, I would come back to US again, and stay for more 6 months. At the end of this time, I would be able to get another visa, because my J1 "required time" would be finished.

However, my country requires that I stay in Brazil for the same amount of time that I stayed in US, which means I have to stay until, at least, the end of June of 2017. Besides this time, because of my type of visa, I need to stay in Brazil for 2 years, since the date when I came back here. I know that I can get a Waiver for my J1 visa, but I will be able to start the Waiver process only after June, because I will need to have a Brazilian document saying that I accomplished the required time in Brazil. So, I thought in get a visitor visa and go to US at the end of June, get married there and change my status, but I am affraid that the Immigration Department consider this as a visa fraud.  Another option would be getting a K1 visa, but it takes almost a year. A third option from a brazilian visa agency (a legal one, let's make it clear lol), was my boyfriend come to Brazil and we get married here, and then we start a Green Card process, because they believe that it is easier/faster to get a Green Card than a K1 or a K3 visa, but I don't know if I can start de green card process, without the waiver. OMG!! It is a HUGE post lol, I am sorry guys. So, my question is: WHAT SHOULD I DO? I don't know which visa should I get. Getting married is a option, we would like to do it later, better planned, and with a better financial situation, but you gotta do what you gotta do, right? But we don't know if it is better to do in Brazil or US. Also, if the visitor visa idea is a bad idea, cause I am concerned that my B2 request could be denied, since I will finish Vet School soon, and I don't have a job right now. Moreover, I don't know if I get married with a tourist visa, and try to change my status after that would be consider a fraud. I am so so sorry for all my questions, but I am completely lost, I've reading and watching sooo many things about this, and that it is making me more confused and anxious. I wanna do things right!Thank you so much =D

 

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You're right. Your B2 has a high risk of being denied since you probably can't prove enough ties to your home country. Also, if you stay 6 months in the U.S. and then try to come back a month after you leave, that would almost prove you have no ties and any attempt to "visit" would be viewed as an intent to immigrate. I say you wait, finish out you degree in Brazil, have your BF go there and marry, then file for a CR-1. 


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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A bunch of things you mentioned, some you cant do, some are illegal. Didnt read the entire post. 

 

Either get married in Brazil and spouse files CR1. Or fiance files K1 and if approved by embassy, come to the US and get married within 90 days. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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The home residency requirement can be waived, there is a thread here with many Brazilians there, I think you should check it out before making any plans, to see what's the time frame for it, fees, documents, etc.

 

do you have a b2 visa? If not, getting one might be very hard to get. You not only have immigrant intent, but also are planning to stay way longer than you're supposed to per year. Even though a b2 entrant usually gets a stamp for a 6 month stay, that's up to cbps discretion. Entering one time and staying the whole 6 months, then attempting to enter again in about a month after with intention to stay for another 6 months is living here and not visiting. And if you tell them your intentions in your entry, I'd doubt they'd let you in anyway. 

 

You have two legal options: file i129f petition, go for the k1 visa, enter the USA, marry within 90 days and file for aos OR get married in Brazil (or another country) and have your spouse file a i130 petition and you go for a cr1 visa. Any other plan is fraudulent at this point.

 

take your time, read, educate yourself and go for the right path for you.

 

best of luck


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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You have to either fulfill the 2-year home residency requirement by actually living in Brazil for two full years (no long visits to the US at all) or get it waived.

one or the other has to happen before you can get an immigrant visa.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Forget the K-3, it's obsolete now because the CR-1 goes faster than it used to in the past, so a K-3 rarely issued these days.

 

B-2 visa is very risky, you have a high chance of being denied so it might just be a waste of time and money.

 

Like Kieren said: either take the K-1 route (more expensive but faster, however you must marry in the US) or get married in Brazil and go the CR-1 route (slower but less expensive in the long run, plus you get a green card right off the bat if you're approved.) You basically don't have any other options unless you want to risk the B-2 plan which could end up wasting your time and money if you're rejected.


03639.png                  

                  🇷🇺  ♥  CR-1 via DCF in Moscow! ♥  🇺🇸

Spoiler

26-Jul-2016: Married abroad :3
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 

17-Jan-2017: Case number received :]

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved!

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail

31-Jul-2017: SSN arrived via mail, hurrah!

                     I-90 GC Replacment (for Erroneous GC)

Spoiler

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; kept GC!

16-Jul-2018: RFE for supporting docs!! D:<

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!!

 

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Hi,

 

A couple of things.

 

First the 6 month visit is NOT guaranteed. The border officer decides how long you can stay. He could give you only 2 weeks.

 

Visiting with intent to stay is fraud as already mentioned.

 

But what I really want to discuss is your plans for your Vet degree. The reason I ask is because I personally know a vet from another country that migrated that could not get licensed to practice in the US (although that was some time ago and he may have gotten licensed since).

 

American medical standards are different. Not saying they are better or worse; just different. Some countries have fewer regulations than the US so there is less red tape to start practicing.

 

The person I know who was a Vet in Venezuela was working as a tech in animal clinics for a few years. I was a hard adjustment for him as he had years of experience and knowledge. 

 

I just wanted to share this story so you can have an idea of the industry in America. If you are prepared to take the licensing exam for the state you are in then you should be fine. 

 

I have a few friends who are Vets so if there are any questions you would like to ask feel free to. 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Aline, welcome to VJ, no harm trying for a B, obviously that aspect depends on whether you can get one. Sounds like you have a 2 Year HRR.

 

What are your plans in the US>


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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