Green Card

[payxibka 10,044]

Just now, Vagner said:

Does my wife need to go first? Can’t we just move together once I receive the green card? I don’t know if her parents could be our financial reference, and they live in a different state than the one we are planning to move to. If we referenced her parents and then moved to another state as we get there, that could cause us some problems, even though being married for five years, right?

You don't get your green card until you enter the USA 

 

Joint Sponsors dont have to live in the same state 

[SalishSea 16,726]

7 minutes ago, Vagner said:

Does my wife need to go first? Can’t we just move together once I receive the green card? I don’t know if her parents could be our financial reference, and they live in a different state than the one we are planning to move to. If we referenced her parents and then moved to another state as we get there, that could cause us some problems, even though being married for five years, right?

It's not a "financial reference."  Please read about the affidavit of support for immigrants.  It is kind of a big deal.

 

And to establish domicile, the general expectation is that she moves back first.  She hasn't been living here for several years, so does not have domicile, see?

[valentinasc 330]

Just keep in mind that whatever you do .. it will require lots of time, and money of course. We went for the Cr1 visa and it took us 11 months. Look up your options and don’t plan ahead an estimate on when to move to the USA, the embassy will. 

 

Best of luck to you!

[DJ C 9]

Read read read! Use both this site and the official USCIS. In your case read up on domicile requirements, which is what the US citizen has to prove at later stage. Either by actually living in the country or providing strong evidence that she intends to re-establish it. Both scenarios are thoroughly discussed on this web site and in the guides some members wrote. 

Look at the Affidavit of support requirements and if your wife's parents meet those you should be fine. 

Be prepared that it will take over a year, don't count on shortcuts - if you find them, great, but do rely on them to be disappointed later.

Best of luck on your journey!  

[Just Paul 4,591]

14 hours ago, Vagner said:

Do you know where this USCIS office is located?

There is no USCIS office in Brazil.  You can only apply for DCF with exceptional circumstances.  You can file the I-130 to the Chicago Lockbox from Brazil.   You have plenty of time to figure out I-864 and sponsorship  and your wife's domicile.

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/latin-america-canada-and-caribbean-lacc-district

[Dashinka 23,170]

10 hours ago, Vagner said:

Does my wife need to go first? Can’t we just move together once I receive the green card? I don’t know if her parents could be our financial reference, and they live in a different state than the one we are planning to move to. If we referenced her parents and then moved to another state as we get there, that could cause us some problems, even though being married for five years, right?

The USC establishing domicile requirements is very important when both spouses are living abroad.  Others have suggested researching the guides for CR1 very carefully, since both of you are abroad, I would suggest paying particular attention as to how the USC establishes proper domicile.  Keep in mind, establishing domicile is not simply having a US based mailing address.

 

Good Luck!

[Mezyan 149]

Does your wife own a home stateside? Does she have a US paycheck and pay taxes? She may be able to show she has domicile with these even if she is living in out of the country.

[Vagner 0]

@Mezyan She does not own a house, but she is employed with an institution in upstate NY and she also pays taxes. She uses her parents mailing information to receive all our correspondence, tho.

[Kanwal Haqqi 4]

Hi Vagner

 

They are few ways to go about this process.

1) Apply for I-130 (immigration) from Brazil... you guys can wait it out until you hear back from them... The process generally takes 1.5 years - 2 years.... so if you and your wife can stay Brazil that long... go for it.

2) Travel to USA on your tourist visa and file from there. In this case, until you dont get your green card, you wont be legally allowed to work there.

 

If I was you, I'd stick to Plan 1. Its the safest.

[arken 4,197]

3 minutes ago, Kanwal Haqqi said:

Hi Vagner

 

They are few ways to go about this process.

1) Apply for I-130 (immigration) from Brazil... you guys can wait it out until you hear back from them... The process generally takes 1.5 years - 2 years.... so if you and your wife can stay Brazil that long... go for it.

2) Travel to USA on your tourist visa and file from there. In this case, until you dont get your green card, you wont be legally allowed to work there.

 

If I was you, I'd stick to Plan 1. Its the safest.

Option 2 is illegal to use to get the green card in the US.

[Mezyan 149]

Sounds like your wife may already have established domicile then, which is great. That will shorten the time significantly. If she is able to continue to work for the us company while abroad, maybe you will not need to spend any time apart.

 

Apply for the i-130!

 

Good luck with your process.

[TBoneTX 42,990]

Don't proceed in illegal fashion, per the comment a bit above.

[SalishSea 16,726]

3 hours ago, Kanwal Haqqi said:

Hi Vagner

 

They are few ways to go about this process.

1) Apply for I-130 (immigration) from Brazil... you guys can wait it out until you hear back from them... The process generally takes 1.5 years - 2 years.... so if you and your wife can stay Brazil that long... go for it.

2) Travel to USA on your tourist visa and file from there. In this case, until you dont get your green card, you wont be legally allowed to work there.

 

If I was you, I'd stick to Plan 1. Its the safest.

You are endorsing immigration fraud in this post.

[Kanwal Haqqi 4]

@Jorgedig - Choosing Plan 1, isn't illegal at all. As far as Plan 2 is concerned, I read on one of the forums that some people have done this too and it worked out for them and it wasn't illegal. I was not endorsing any thing illegal. Plan 1 is what I recommend.

[payxibka 10,044]

28 minutes ago, Kanwal Haqqi said:

@Jorgedig - Choosing Plan 1, isn't illegal at all. As far as Plan 2 is concerned, I read on one of the forums that some people have done this too and it worked out for them and it wasn't illegal. I was not endorsing any thing illegal. Plan 1 is what I recommend.

You cannot have a preconceived plan to use a nonimmigrant entry to gain an immigrant benefit.  If your circumstances change after arrival, that is a separate matter.   It is an important difference that needs to be understood.