I could use some advice

[UgotChris 7]

My girlfriend is living in Brazil (now wife) and was planning on going to college in america. She started the K1 student visa process back in January. She had an interview scheduled in march but then the consulates closed due to covid 19. We decided to get married in June, and I and have been living in Brazil (on passport) ever since. Our plan has always been to have her interview when the consulates reopen and then both travel back to the United States. Recently we have been worried that they may not be sending out student visas due to the pandemic, and are wondering if us getting married will have any negative effect on the student visa. We have been researching married visa's (CR-1) and see that it typical takes 13 months (I'm assuming even longer now with pandemic). I am going to stay in Brazil as long as I'm allowed because I can't imagine returning to the U.S. without my wife.  I am curious what your advice would be for this situation, thank you. 

 

Also my wife has had a R1 visa and lived in america for two years with it, does this expedite the process at all, or make it more likely for approval?

[aaron2020 11,651]

It's an F-1 student visa.  The K-1 is a fiancee visa.  

An F1 student visa applicant MUST show that she has a home that she intends to return to after completing her studies in the US.  By getting marry to a US citizen, it's going to be almost impossible to show that she intends to return home after finishing her degree.  She is unlikely to get a student visa.

 

Start the CR-1 visa process as soon as possible.  It's going to take 12-18 months.  

 

The R1 will not expedite the process.  

[UgotChris 7]

Ok thank you. I'm am still researching the process but would I be working through the consulates in the United States or in Sao Paulo (since i am living in brazil)? Would I use my united states address or where I am currently located? Thanks!

[aaron2020 11,651]

You will file at the USCIS lockbox in the US.  

There are no US consulates in the US.

 

You can not file in Brazil.

 

Best to use your US address.  You will need to prove that you have a US domicile or intend to have one when she immigrates for the I-864.  Please be aware of the financial requirements to sponsor her for an immigration visa.