US Citizen and Brazilian Couple

[mvasantos 67]

Hi everyone!

 

Well, here's our long short story, we met in 2016 when I was in US studying and she wasn't still a US Citizen. We started dating since then and we got engaged last year, and she just got her naturalization certificate. I'm planning to visit her on B2 visa and as it was stated before here, it's a fraud to AOS during that stay, so what would be the easiest way? We visited each other twice, this is my third time going to see her, this time my mom will met her family.

1 - K1 Visa but costs more money then the CR1 Visa. Although it's faster and we're not married.

or

2 - CR1 Visa, which we'd get married in USA now and i'm planning to stay 5 months with her and then leave the country, waiting for the CR1. But here I read some saying that she'd have to marry me inside my country (Brazil), is that true? Can't I just get married in US? Also would be a problem marrying like now and then leave the country waiting for the CR1?

 

Hope you guys can understand the situation.

 

Thanks!

 

[Lil bear 3,830]

3 minutes ago, mvasantos said:

Hi everyone!

 

Well, here's our long short story, we met in 2016 when I was in US studying and she wasn't still a US Citizen. We started dating since then and we got engaged last year, and she just got her naturalization certificate. I'm planning to visit her on B2 visa and as it was stated before here, it's a fraud to AOS during that stay, so what would be the easiest way? We visited each other twice, this is my third time going to see her, this time my mom will met her family.

1 - K1 Visa but costs more money then the CR1 Visa. Although it's faster and we're not married.

or

2 - CR1 Visa, which we'd get married in USA now and i'm planning to stay 5 months with her and then leave the country, waiting for the CR1. But here I read some saying that she'd have to marry me inside my country (Brazil), is that true? Can't I just get married in US? Also would be a problem marrying like now and then leave the country waiting for the CR1?

 

Hope you guys can understand the situation.

 

Thanks!

 

For the spouse visa, you can marry wherever you want to .. USA, your country , another country .. as long as you both meet the legal requirements of the country in which you are marrying 

Yes , you can marry when you visit,  submit the first round of paperwork, leave before your granted stay runs out , and return home to wait out the process. 

The advantages of the CR 1 include 

less $$

enter the US and become an LPR on entry

Have work rights on entry

Can travel and return to the US using your GC.. some limitations 

eligible for SSN immediately 

have  legal status so can apply for driver’s licence etc 

 

[mvasantos 67]

@Lil bear Hi Lil Bear, thanks for you answer!!

 

What about the 90 days rule for the AOS? Is it the worst thing applying for AOS even after those 90 days after entering the US?

 

Thanks!!

 

Also, unfortunately the CR1 takes longer but as you said it has its advantages!

 

Edited May 3, 2019 by mvasantos

[Nat&Amy 623]

These days the K1 is not really that much faster than the CR1. It used to be, many years ago, but bear in mind that with a K1 you would need to adjust status and that means an additional 5-7 months to get employment authorization and advanced parole (so you can travel abroad as your u wait for your green card).

 

CR1 takes a few months longer but the advantage is that you can work and get your GC upon arrival. All things considered, it is a better option in most cases.

 

And no, it is not true that you need to get married in Brazil. You can get married anywhere you want, including the US - the only thing that would constitute fraud in this scenario is to use your B2 visa to come to the US, get married, and stay to adjust status.

[mvasantos 67]

@Nat&Amy and @Lil bear.

 

Would it be weird if i got in the USA and got married right away so we could file the papers while I'm in the US, so the process time isn't as painful as staying in my country waiting for it? Like file the process with only 1 month of marriage.

 

Thanks!

[Lil bear 3,830]

Just now, mvasantos said:

@Lil bear Hi Lil Bear, thanks for you answer!!

 

What about the 90 days rule for the AOS? Is it the worst thing applying for AOS even after those 90 days after entering the US?

 

Thanks!!

 

Also, unfortunately the CR1 takes longer but as you said it has its advantages!

 

There isn’t the 90 day rule as many quote it. Yes it is considered fraud to enter in a tourist visa with the intent to stay and adjust ..   

Some people  do entet with the intention of leaving then change their mind .., some people enter intending to stay and get away with it .. doesn’t make it any less wrong 

The processing time of the CR is only a few months longer than the K1 and avoids  so many hassles . 

[Nat&Amy 623]

6 minutes ago, mvasantos said:

@Lil bear Hi Lil Bear, thanks for you answer!!

 

What about the 90 days rule for the AOS? Is it the worst thing applying for AOS even after those 90 days after entering the US?

 

Thanks!!

 

Also, unfortunately the CR1 takes longer but as you said it has its advantages!

 

If you enter the country with a K1 visa, You need to get married within the 90 days but you won't be penalized if you don't AoS before that period expires.

 

What will happen is that after 90 days you will be out of status. Out if status = deportable and also unable to do pretty much anything that requires proof of authorized stay (that includes getting health insurance in some cases).

 

Also, the longer you take to file AoS, the longer you will be unable to work and unable to travel abroad. Not a very good scenario.

Edited May 3, 2019 by Nat&Amy
Clarification

[Lil bear 3,830]

2 minutes ago, mvasantos said:

@Nat&Amy and @Lil bear.

 

Would it be weird if i got in the USA and got married right away so we could file the papers while I'm in the US, so the process time isn't as painful as staying in my country waiting for it? Like file the process with only 1 month of marriage.

 

Thanks!

Nope. Not weird at all. It gets things started and reduces the time apart 

[Lil bear 3,830]

The K1 fiancé visa comes with a 90 day rule that requires the marriage to take place within 90 days of the foreign fiancé arriving. AOS takes place after the marriage , but there is no stipulation about when it is to be done .. just implications regarding lack of legal status until the AOS application is submitted 

[mvasantos 67]

1 minute ago, Nat&Amy said:

You need to get married within the 90 days but you won't be penalized if you don't AoS before that period expires.

 

What will happen is that after 90 days you will be out of status. Out if status = deportable and also unable to do pretty much anything that requires proof of authorized stay (that includes getting health insurance in some cases).

 

Also, the longer you take to file AoS, the longer you will be unable to work and unable to travel abroad. Not a very good scenario.

So, lemme understand.

 

I got in US with the B1 visa which is elligible for 6 months stay. I get married like in the second day. After getting married, you meant that I have 90 days to file AoS? Otherwise i'll be out of status? So that means I can't marry inside the US and just leave the country? Sorry for not understanding throghouly.

 

Thanks!

[Nat&Amy 623]

4 minutes ago, mvasantos said:

@Nat&Amy and @Lil bear.

 

Would it be weird if i got in the USA and got married right away so we could file the papers while I'm in the US, so the process time isn't as painful as staying in my country waiting for it? Like file the process with only 1 month of marriage.

 

Thanks!

The process is long and painful, unfortunately. The people that will be posting answers here, including me, have endured long periods of separation, it is what it is. That's what you sign up for when you are in a relationship with someone from another country.

 

If you choose to go down the CR1 route, what needs to happen is this: get married. In the US, in Brazil, in Japan, it really doesn't matter. Return to your home country, file for CR1, keep working and saving money so that you can travel to meet your spouse as you wait for your petition to be approved, wait some more, keep yourself busy, keep working, keep saving money.

 

Take the time to plan the next steps for when you are in the US, start looking up costs of living, insurance, future housing expenses... Moving to another country, even if it is with the person you love, can be very challenging and hurt your marriage if you don't plan and prepare properly.

 

And for your own sake, avoid the temptation of using shortcuts to try and circumvent immigration rules. 

[Nat&Amy 623]

3 minutes ago, mvasantos said:

So, lemme understand.

 

I got in US with the B1 visa which is elligible for 6 months stay. I get married like in the second day. After getting married, you meant that I have 90 days to file AoS? Otherwise i'll be out of status? So that means I can't marry inside the US and just leave the country? Sorry for not understanding throghouly.

 

Thanks!

 

NEGATIVE.

 

B1 # K1

 

A visitor Visa (B1/B2) gives you the right to do exactly that. To visit. If you plan to adjust status when entering the country with a visitor Visa, you are commiting fraud.

 

K1 is a fiance visa. That's to whom the 90 day rule (to get married) applies.

 

[mvasantos 67]

Thanks for all the answers guys!

 

It was really helpful!

 

[Nat&Amy 623]

3 minutes ago, mvasantos said:

Thanks for all the answers guys!

 

It was really helpful!

 

You're welcome. Good luck with your immigration journey! 🙂

[Lil bear 3,830]

4 minutes ago, mvasantos said:

So, lemme understand.

 

I got in US with the B1 visa which is elligible for 6 months stay. I get married like in the second day. After getting married, you meant that I have 90 days to file AoS? Otherwise i'll be out of status? So that means I can't marry inside the US and just leave the country? Sorry for not understanding throghouly.

 

Thanks!

You do not AOS. Doing so would mean you entered on a visitor visa with the intent of adjusting your status. That is a no no ! 

Doing it the legal way .. enter on your B 1 visa ... being honest about your intention to marry and return back to your home country if the CBP Officer asks you 

Marry as soon as you want to .. consider the time it will take to get the legalities in place for the wedding 

 Your USC spouse then filed the I 130 form and supporting documents as soon as you have these ready .. usually dictated by how long it takes to get the marriage certificate 

Stay for up to the length of time you were granted at entry .. return home before that end date

Continue with life in your home country while the application works through the various processing stages 

Attemd your interview at your US consulate in your home country 

Immigrate to the  US within the validity of the CR visa .. usually 6 months from interviews