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Posted

I will try to give some of the backstory:

 

Basically I am Greencard holder (Brazilian, got from my mom who is now an American citizen) before I turned 21. I am turning 25 in a month. I am currently in Brazil and plan to return to the US (Providence, Rhode Island) in a few months (I have a Travel Document, which expires on April 5th, 2023, but of course I won't be there that late).

 

My boyfriend, on the other hand, has a B2 Visa, and is 26 years old. Although he has a French passport (his mother is French), he was born, raised, and is currently living in Brazil. He is unemployed due to personal reasons. His mother is a Greencard holder, married to an American citizen (have been together for about 12 years and officially married for 4 years), and is on her way to become one as well. They have recently bought a house in Las Vegas, New Mexico. Her husband is a Marine veteran (served for 36 years) and she is currently studying English and focusing in teaching French in the US (she was a teacher in Brazil for more than 20 years)

 

We want to be together. I want to bring him to the US and I suppose it all starts with us getting married. But... What's next? There is so much information scattered around that I am left truly confused. Can someone shed me some light?

 

 

Posted (edited)

 

He cannot came to the US with the intentions to marry and adjust his status. This is immigration fraud.

 

He can come and marry you and travel back to Brazil, you can file the spouse visa and he will be waiting there for the process to get ready.

 

Be careful with plans to “jump” the line because this can bit you and your now boyfriend hard in the future. Doing things the correctly is always the best way.

 

 

Edited by PaulaCJohnny
Posted
27 minutes ago, PaulaCJohnny said:

 

He cannot came to the US with the intentions to marry and adjust his status. This is immigration fraud.

 

He can come and marry you and travel back to Brazil, you can file the spouse visa and he will be waiting there for the process to get ready.

 

Be careful with plans to “jump” the line because this can bit you and your now boyfriend hard in the future. Doing things the correctly is always the best way.

 

 

I think I didn't explain my intentions clearly. I apologize for that. I wanted to know the *correct and legal steps*. Also, what would be best: to marry in the US or just get over with it and marry in Brazil?

Posted
2 hours ago, Carolina0226 said:

what would be best: to marry in the US or just get over with it and marry in Brazil?

 

Anywhere you can get a valid marriage certificate is fine.  So if you're ready to get married now, marrying in Brazil is perfectly acceptable for US immigration purposes.  An advantage of marrying in Brazil is there will be less hassle for you to get your Brazilian civil documents to reflect the change in your marital status.  If I understand correctly, you will need to register your marriage if you want to use your married name on your Brazilian passport.

 

Posted
3 hours ago, Carolina0226 said:

I think I didn't explain my intentions clearly. I apologize for that. I wanted to know the *correct and legal steps*. Also, what would be best: to marry in the US or just get over with it and marry in Brazil?

Either is fine.  The point is that to bring him here legally, you will have to follow steps which will take upwards of 1-2 years.  I suggest you read the guides here on VJ and begin educating yourselves on the process.

Filed: Citizen (apr) Country: Ghana
Timeline
Posted

The earlier you marry him and petition for him, the quicker he will be able to join you in the USA. You can just do a quick court ceremony (in order to file) and have an elaborate wedding later if time is of the essence.

 

Since he already has a visitor visa, he can be visiting you in the USA as the process proceeds although him being unemployed is problematic and an aggressive immigration officer at the airport could revoke his visitor visa and turn him away. Being unemployed is never a good thing when it comes to immigration.

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

Posted (edited)
5 hours ago, African Zealot said:

The earlier you marry him and petition for him, the quicker he will be able to join you in the USA. You can just do a quick court ceremony (in order to file) and have an elaborate wedding later if time is of the essence.

 

Since he already has a visitor visa, he can be visiting you in the USA as the process proceeds although him being unemployed is problematic and an aggressive immigration officer at the airport could revoke his visitor visa and turn him away. Being unemployed is never a good thing when it comes to immigration.

What is the average waiting time after we file I-130? After that would someone contact me at my home address?

Edited by Carolina0226
Actually, forget my previous questions: would he be able to visit me in the US periodically with his B2? He can stay up to six months but it's not clear what is the minimum waiting time until he is able to visit the US again.
Posted
2 hours ago, Carolina0226 said:

What is the average waiting time after we file I-130? After that would someone contact me at my home address?

It will take 18 mo-two years for him to get his immigrant visa.

 

Not sure what you mean about contacting you at your home address.

 

B-2 visa is for visiting the US, not living here.  Trying to bring your unemployed BF here to essentially live here during the immigrant visa process is asking for trouble.  He clearly has immigrant intent.  That is what CBP will try to ascertain at the border.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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