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Posted (edited)

Hello!

 

My wife is American and we are in Brazil now. I am Brazilian. We are planning to move to the USA next year and we are thinking about starting the green card process. I have a tourist visa right now, and I would like to know if by having this kind of visa is going to cause me problems to apply for the green card or if it would be better to start the process in Brazil, before going to the USA. 

 

Another thing is is that I could possibly get a religious visa. Is this helpful in any way?

 

Thank you so much!

 

 

Edited by Vagner

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If you are planning to start immigration process, entering USA on visitor Visa would count as a fraud, because you are already planning to immigrate. If you are planning to start your immigration process, I would suggest you start applying ASAP.

Also, any other type of Visa you get just to shorten the wait time of CR1 Visa, that would count as a fraud.


04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

Spoiler

06/08/16 -- Sent I-130

06/10/16 -- FedEx delivered

06/10/16 -- NOA1

11/17/16 -- RFE(Email)

11/21/16 -- RFE(Mail)

01/09/17 -- Response to RFE Received by USCIS

01/18/17 -- NOA2(App notification)

01/23/17 -- NOA2 Mail

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Spoiler

02/06/17 -- NVC Received [myUscis case status updated to "Sent to Dept of States" on 01/31/2017]

02/14/17 -- NVC Case Number and IIN Received. Completed and submitted DS-261

02/16/17 -- AOS Fees Invoiced. Paid AOS Fees

02/18/17 -- IV Fees Invoiced. Tried Paying, but couldn't pay due to website issue

02/20/17 -- Paid IV Fees. [Finally site worked]

02/23/17 -- DS-260 became available. Completed and submitted DS-260. AOS and IV package sent [overnight express delivery]

02/24/17 -- NVC received our package [Friday before noon]

02/27/17 -- Scan Date

05/03/17 -- Case Complete

05/10/17 -- Interview Scheduled [Received confirmation over phone on 05/11/17]

05/13/17 -- Interview schedule email (P4) received via Email

05/16/17 -- NVC sent the documents to Consulate in Mumbai, India. CEAC Case status changed to "In Transit"

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

Spoiler

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

 

----- Removal of Condition -----

Removal of Condition (I-751) [TBD]

Spoiler

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

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Posted (edited)
18 minutes ago, Tanish said:

If you are planning to start immigration process, entering USA on visitor Visa would count as a fraud, because you are already planning to immigrate. If you are planning to start your immigration process, I would suggest you start applying ASAP.

Also, any other type of Visa you get just to shorten the wait time of CR1 Visa, that would count as a fraud.

Planning to visit is not fraud.  Planning to use a nonimmigrant entry and stay in order to gain an immigrant benefit is.  Subtle but important difference. 

Edited by payxibka

YMMV

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1 minute ago, payxibka said:

Planning to visit is not fraud

That is correct. I apologize. What I meant was planning to visit and adjusting from here would be counted as a fraud (because that would be predetermined now in this case). Thanks for correction @payxibka


04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

Spoiler

06/08/16 -- Sent I-130

06/10/16 -- FedEx delivered

06/10/16 -- NOA1

11/17/16 -- RFE(Email)

11/21/16 -- RFE(Mail)

01/09/17 -- Response to RFE Received by USCIS

01/18/17 -- NOA2(App notification)

01/23/17 -- NOA2 Mail

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Spoiler

02/06/17 -- NVC Received [myUscis case status updated to "Sent to Dept of States" on 01/31/2017]

02/14/17 -- NVC Case Number and IIN Received. Completed and submitted DS-261

02/16/17 -- AOS Fees Invoiced. Paid AOS Fees

02/18/17 -- IV Fees Invoiced. Tried Paying, but couldn't pay due to website issue

02/20/17 -- Paid IV Fees. [Finally site worked]

02/23/17 -- DS-260 became available. Completed and submitted DS-260. AOS and IV package sent [overnight express delivery]

02/24/17 -- NVC received our package [Friday before noon]

02/27/17 -- Scan Date

05/03/17 -- Case Complete

05/10/17 -- Interview Scheduled [Received confirmation over phone on 05/11/17]

05/13/17 -- Interview schedule email (P4) received via Email

05/16/17 -- NVC sent the documents to Consulate in Mumbai, India. CEAC Case status changed to "In Transit"

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

Spoiler

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

 

----- Removal of Condition -----

Removal of Condition (I-751) [TBD]

Spoiler

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

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Just now, Vagner said:

Is the I-130 included as part of the process? I will also need to turn that form in, right?

Thank you for your help, guys! @payxibka and @Tanish

I-130 is the first part of the process.

I-130 petition goes to USCIS first, after it is approved, it is sent to NVC, where you will fill out some more forms.


04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

Spoiler

06/08/16 -- Sent I-130

06/10/16 -- FedEx delivered

06/10/16 -- NOA1

11/17/16 -- RFE(Email)

11/21/16 -- RFE(Mail)

01/09/17 -- Response to RFE Received by USCIS

01/18/17 -- NOA2(App notification)

01/23/17 -- NOA2 Mail

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Spoiler

02/06/17 -- NVC Received [myUscis case status updated to "Sent to Dept of States" on 01/31/2017]

02/14/17 -- NVC Case Number and IIN Received. Completed and submitted DS-261

02/16/17 -- AOS Fees Invoiced. Paid AOS Fees

02/18/17 -- IV Fees Invoiced. Tried Paying, but couldn't pay due to website issue

02/20/17 -- Paid IV Fees. [Finally site worked]

02/23/17 -- DS-260 became available. Completed and submitted DS-260. AOS and IV package sent [overnight express delivery]

02/24/17 -- NVC received our package [Friday before noon]

02/27/17 -- Scan Date

05/03/17 -- Case Complete

05/10/17 -- Interview Scheduled [Received confirmation over phone on 05/11/17]

05/13/17 -- Interview schedule email (P4) received via Email

05/16/17 -- NVC sent the documents to Consulate in Mumbai, India. CEAC Case status changed to "In Transit"

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

Spoiler

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

 

----- Removal of Condition -----

Removal of Condition (I-751) [TBD]

Spoiler

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

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Posted (edited)
3 minutes ago, Vagner said:

And also, if we are planning on moving in April, when would be good to start all the process?

The whole process is taking a little more than a year recently, so I am not sure about you moving in April. Has your US Citizen spouse been with you in Brazil for more than 6 months, if so, you can file using DCF.

 

There may also be different rule for DCF from Brazil, so you may want to research more on that.

Edited by Tanish

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

Spoiler

06/08/16 -- Sent I-130

06/10/16 -- FedEx delivered

06/10/16 -- NOA1

11/17/16 -- RFE(Email)

11/21/16 -- RFE(Mail)

01/09/17 -- Response to RFE Received by USCIS

01/18/17 -- NOA2(App notification)

01/23/17 -- NOA2 Mail

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Spoiler

02/06/17 -- NVC Received [myUscis case status updated to "Sent to Dept of States" on 01/31/2017]

02/14/17 -- NVC Case Number and IIN Received. Completed and submitted DS-261

02/16/17 -- AOS Fees Invoiced. Paid AOS Fees

02/18/17 -- IV Fees Invoiced. Tried Paying, but couldn't pay due to website issue

02/20/17 -- Paid IV Fees. [Finally site worked]

02/23/17 -- DS-260 became available. Completed and submitted DS-260. AOS and IV package sent [overnight express delivery]

02/24/17 -- NVC received our package [Friday before noon]

02/27/17 -- Scan Date

05/03/17 -- Case Complete

05/10/17 -- Interview Scheduled [Received confirmation over phone on 05/11/17]

05/13/17 -- Interview schedule email (P4) received via Email

05/16/17 -- NVC sent the documents to Consulate in Mumbai, India. CEAC Case status changed to "In Transit"

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

Spoiler

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

 

----- Removal of Condition -----

Removal of Condition (I-751) [TBD]

Spoiler

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

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Posted (edited)
4 minutes ago, Tanish said:

The whole process is taking a little more than a year recently, so I am not sure about you moving in April. Has your US Citizen spouse been with you in Brazil for more than 6 months, if so, you can file using DCF.

Be careful,  DCF only for exceptional circumstances, and then only if approved in advance 

Edited by payxibka

YMMV

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4 minutes ago, Vagner said:

And also, if we are planning on moving in April, when would be good to start all the process?

About 6 months ago for a stateside petition


YMMV

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Just now, Vagner said:

Yes, we've been here for over a year now. What is a DCF? I couldn't open the link.

DCF is short for Direct Consular Filing


04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

Spoiler

06/08/16 -- Sent I-130

06/10/16 -- FedEx delivered

06/10/16 -- NOA1

11/17/16 -- RFE(Email)

11/21/16 -- RFE(Mail)

01/09/17 -- Response to RFE Received by USCIS

01/18/17 -- NOA2(App notification)

01/23/17 -- NOA2 Mail

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Spoiler

02/06/17 -- NVC Received [myUscis case status updated to "Sent to Dept of States" on 01/31/2017]

02/14/17 -- NVC Case Number and IIN Received. Completed and submitted DS-261

02/16/17 -- AOS Fees Invoiced. Paid AOS Fees

02/18/17 -- IV Fees Invoiced. Tried Paying, but couldn't pay due to website issue

02/20/17 -- Paid IV Fees. [Finally site worked]

02/23/17 -- DS-260 became available. Completed and submitted DS-260. AOS and IV package sent [overnight express delivery]

02/24/17 -- NVC received our package [Friday before noon]

02/27/17 -- Scan Date

05/03/17 -- Case Complete

05/10/17 -- Interview Scheduled [Received confirmation over phone on 05/11/17]

05/13/17 -- Interview schedule email (P4) received via Email

05/16/17 -- NVC sent the documents to Consulate in Mumbai, India. CEAC Case status changed to "In Transit"

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

Spoiler

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

 

----- Removal of Condition -----

Removal of Condition (I-751) [TBD]

Spoiler

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

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1 minute ago, Vagner said:

Yes, we've been here for over a year now. What is a DCF? I couldn't open the link.

You need exceptional circumstances to potentially file a non stateside petition.   Criteria are rigid, a few have succeeded 


YMMV

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