Consular or Fiancee visa for boyfriend abroad

[millefleur 5,035]

1 hour ago, capyb172 said:

Thanks! What are the disadvantages of going through regular consular processing vs. direct consular filing?

EDIT: I think I figured it out by myself. DCF requires me to be living in the same country as my spouse. Luckily this isn't my case as I'm currently living in the US, so consular processing is what I should use anyway.

DCF is only available for certain countries, a very small and select few at at that.

 

It seems that Brazil used to offer DCF, but now they don't have it as an option anymore. So you'll have to file via the US like everyone else.

[Mark88 183]

7 hours ago, capyb172 said:

...so consular processing is what I should use anyway...

You can't, since Brazil has no USCIS field office, consular processing is not available to you. You will have to file through the Chicago Lockbox. Be prepared, that this process will take 12 months or longer, considering the current processing times.

 

https://egov.uscis.gov/cris/processTimesDisplayInit.do

[caliliving 606]

Since you are subject to the he residency you want to get married and do the CR1 visa, that way it takes a bit longer and he will have the gc as soon as he enters the country. Since he can't come here faster, why would u do k1? 

 

Take in mind u don't have to get married in brazil, so u can meet in Mexico or somewhere else if u want! 

 

Also, if you are married for 2yrs when he gets the gc he will get the 10yr card and not the conditional one. 

[capyb172 0]

3 hours ago, Mark88 said:

You can't, since Brazil has no USCIS field office, consular processing is not available to you. You will have to file through the Chicago Lockbox. Be prepared, that this process will take 12 months or longer, considering the current processing times.

 

https://egov.uscis.gov/cris/processTimesDisplayInit.do

I thought USCIS field offices were only needed for DCF?

The Brazilian embassy website is saying there is consular processing for Brazil

https://br.usembassy.gov/visas/family-immigration/how-to-apply/

"Applicants who believe they are entitled to immigrant status based on a relationship to a United States citizen or lawful resident alien, should request that relative to file an I-130 petition with the U.S. Citizenship & Immigration Service (USCIS) in the United States, as per the instructions which accompany the I-130 petition."

Edited January 8, 2017 by capyb172

[capyb172 0]

2 hours ago, caliliving said:

Since you are subject to the he residency you want to get married and do the CR1 visa, that way it takes a bit longer and he will have the gc as soon as he enters the country. Since he can't come here faster, why would u do k1? 

 

Take in mind u don't have to get married in brazil, so u can meet in Mexico or somewhere else if u want! 

 

Also, if you are married for 2yrs when he gets the gc he will get the 10yr card and not the conditional one. 

One of our options was for him to come to the US on his tourist visa, we'd get married here, and he'd return to Brazil to undergo consular processing, but I guess that would require a lot of discretion since the people at immigration could see this as a chance for visa fraud (I'm sure a lot of people who intend to marry on a tourist visa try to overstay and adjust their status), which we'd never attempt but we might lack supporting documentation to convince them

[Chewbacca 18]

On January 8, 2017 at 5:25 PM, capyb172 said:

One of our options was for him to come to the US on his tourist visa, we'd get married here, and he'd return to Brazil to undergo consular processing, but I guess that would require a lot of discretion since the people at immigration could see this as a chance for visa fraud (I'm sure a lot of people who intend to marry on a tourist visa try to overstay and adjust their status), which we'd never attempt but we might lack supporting documentation to convince them

He can come to USA as a tourist to get married and leave. What he cannot do (and that would be visa fraud) is to stay in USA after marriage and apply for Adjustment of Status.

There's a chance that the border patrol officer can deny his entry as a tourist if he lacks evidence of strong ties to Brazil and says that he is coming to visit his fiancee and/or get married.