soteropolitana

It's tough...especially when too often the fiances and spouses join us with delusions of grandeur and dreams of eternal vacation, lol. Well guess what, America is in the real world too and I have to work, and honestly, you have to work too.

Anyway, the best advice I can give is find something (anything) for her to do. Work would be ideal, but consider volunteering somewhere too - the library, a museum/aquarium, or take a class...English? sewing...anything. If she is going to be a housewife, create a project - paint a room, design a living room makeover. Something.

My husband was idle his first few weeks and picked up some nasty (internet BS) habits. Started connecting with lowlife exes on Facebook etc...I would come home to a dirty house, an empty refrigerator, and dishes to wash - while he relaxed by the pool, and screwed around on the internet all day. Then got upset about the mall being so far away and "boring" during the day. Um yeah, that's because everyone else is working...like you should be...

Ok, rant over. Anyway, after a few weeks of seriously considering a divorce, he got a job, eventually got a car, and now we enjoy our little dreams of paradise - on the weekends

Moral of the story is do your best to avoid idleness. Language barriers are difficult, but the idle mind is the devil's playground no matter what language you speak.

I'm sure this has been asked before, but I'm just curious. Thanks!

Yeah...sadly, these days you'll have to apply in the U.S. but you don't have to move back first. You can complete your application and mail it from Brazil and return once everything has been processed. I wouldn't want to leave my husband for up to a year or more unless I have to, domicile is usually easier to establish than meeting Affidavit of Support requirements...

The instructions for the I-864 outline the basics of proving domicile:

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

A. You are employed by a certain organization. (lists organizations on the I-864)

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

So like you said, for financial reasons it may be best to move back - but only if you can't find a sponsor. I would say find a sponsor and wait it out in Brazil. Don't leave your husband there alone unless you can afford to visit regularly...men are just men if you know what I mean...

I spoke with someone at the NVC (if I remember correctly her name was Diane) who was kind enough to explain this to me yesterday. She said that interviews are NORMALLY scheduled during the second week of each month. Your interview date can be any day during any week of the month but they normally set interview dates during the second week of each month. She said sometimes they schedule interviews outside of that week but its not routine. So some people might have had their date sent to them later in the month but that was an exception and nothing we should really expect. (Also, she said some embassies only have interviews on certain days of the week. For example, family based petitions K visa and IR/CR visas might only get interview dates on Tuesdays and Wednesdays).

I got an RFE for something silly on July 11th (which would have given us an August interview date if the case was completed then...grrrr), but my case got completed last week on the 27th. So...my hubby's interview date should be selected next week (2nd week in August). (Hopefully we all hear something then!) And if there is still space at his embassy, the interview date should be some time in September.

That's how it was explained to me.

Not sure I understand what you mean, but I received my notice (e-mail/text) at 12:45am on a Saturday morning - but the petition was approved on Friday. I think maybe they have a computer system that sends out the notices after midnight the day they are approved.

This question kind of comes up a lot but I didn't find the answer I need so...

The instructions for the IV application (in Brazil) require:

A passport must be valid for travel to the United States and must have at least 8 (eight) months’ validity beyond the issuance date of the immigrant visa.

A copy of the passport page that contains the biographic information, passport number and photo must be sent to the consulate along with forms DS 2001 and DS 230 parts I and II and frontal picture.

So he has to send a copy of his passport to the Consulate before they give him an interview date. The problem is my husband's passport expires in October 2012 which is already less than the required 8 months. Can he use his soon to expire passport to set the interview date and then renew, hoping it will be ready in time for the interview?? Or does he have to have a (new) passport with the necessary 8 months before he sends his DS 230 to the Consulate??

(And does anyone know how long it could take to get a new passport in Brazil?)

...I really wish we had noticed this sooner

Thanks -

Good point...maybe a moderator can merge the topics for me after I re-post...

And thanks!

This question kind of comes up a lot but I didn't find the answer I need so...

The instructions for the IV application (in Brazil) require:

A passport must be valid for travel to the United States and must have at least 8 (eight) months’ validity beyond the issuance date of the immigrant visa.

A copy of the passport page that contains the biographic information, passport number and photo must be sent to the consulate along with forms DS 2001 and DS 230 parts I and II and frontal picture.

So he has to send a copy of his passport to the Consulate before they give him an interview date. The problem is my husband's passport expires in October 2012 which is already less than the required 8 months. Can he use his soon to expire passport to set the interview date and then renew, hoping it will be ready in time for the interview?? Or does he have to have a (new) passport with the necessary 8 months before he sends his DS 230 to the Consulate??

(And does anyone know how long it could take to get a new passport in Brazil?)

...I really wish we had noticed this sooner

Thanks -

I agree. CSC was taking a long time to process and then all of sudden after the new year, it started speeding up. NOW it seems like it's taking the NVC a loooong time to receive petitions and create a case number. Mine took over a month. I called several time, hehe, and it took about 2 weeks for them to receive my file and then another 2 weeks to create a case number. At the end of last year there were people who got everything completed at NVC in a month now it takes that long to get a case number.

On the bright side, at least the delay qualifies us for the drop in IV fees!!

Hahahahahaaha!! Thanks! I needed a good laugh. Sometimes having a sense of humor about this process is the only think that keeps me going...

FYI - I'm not sure about the source of your information...this is the current Interview letter.

http://photos.state.gov/libraries/164149/pdfs/InstrAplicIV-Ing_rev04-09-09_.pdf

The police certificate she needs for the interview should not require a notary or any documentation from a cartorio. The civil police certificate may have an expiration date on it, but the U.S. Consulate will consider the police certificate as valid for one year from the date it was issued - so she should be ok at her interview.

Also, why do you have to submit the police clearances to NVC? For Brazil, the USC only submits the Affidavit of Support to NVC, all of the other documents will be supplied by your wife at the interview. And yes, she will need a civil police certificate for every state she lived in for more than 6 months (since she turned 16).

Hope that helps...

I think sometimes this is a touchy subject when the US petitioner is female. A lot of people are more "traditional" so they expect the man to at least "carry his weight." As a woman, at first I looked at the fees and thought 'geeze I shouldn't have to pay all of this...you wanted to marry ME, lol.' It took some deep conversations for me and my husband to reach an agreement. When we decided to get married the decision was made without really calculating the cost of immigration because we didn't know where we wanted to start our family yet.

I had to realize that cost of living and exchange rates make a huge impact on someone's income. My husband is a hard worker, has his own business, but even if he made 'twice as much as I do' once you factor in the cost of living and the exchange rate the immigartion fees, in US dollars, would be more than a months salary for him. For me, I just have to shuffle a few things around a bit. Plane tickets can be painful too - they can be more than both immigration fees so it makes sense for me to pay the visa fees and he pays for his flight.

If it's any help we decided that I would pay for expenses charged in US dollars (USCIS and NVC fees) and he would pay for expenses in his currency (medical, police reports, travel, etc).

...On the other hand...if you suspect infidelity or feel like you're being taken advantage of and spouse/fiance is out partying while you're struggling to pay for them - THAT would create some serious resentment...maybe there's more to the question??

The third option, which the government doesn't like but it's possible - is to get married here before your J-1 visa expires and adjust your status to permanent resident before you leave the country. Your J-1 probably has the requirement that you return to Brazil for at least 2 years before trying to return to the U.S. but you can file for a waiver. I don't know anything about that waiver process so I can't help much there. And again, if you are approved for permanent residence status you would only be able to visit Brazil for limited amounts of time, not really long enough to finish your studies.

Why not finish your studies here?? It's a lot easier to get out of the U.S. than it is to get back in!

*deleted* wrong post

kkkkkkk fala ingles! ok eu vou...

First I will say this, has your fiance ever been to Brazil where you will be living? I know a lot of people who like to visit Brazil but when it's difficult to find a job (as an American) and live "comfortably" they want to move back sooner. First make sure he is really ready to live there for 3 years because that will affect which decision is best for you.

Now, for your questions:

1. If he plans on working in Brazil it is always better to get married here first and apply for the permanent residence visa through the consulate. Applying for permanent residency through the Brazilian consulate is ALWAYS faster than travelling on the VITUR and then changing. Less paperwork and less trouble...sometimes it takes 2-3 years for everything to be approved in Brazil (vs. 6 months here). There is another good forum www.gringoes.com that has information about moving to Brazil which might help you decide what is best. The only time the tourist visa is better is if he is not sure he wants to move there and doesn't want to find a job soon.

2. I think the marriage process is not too bad either way. If you get married here (depending on which state you live in) it may be easier for you because you may not need a birth certificate and all of that. Usually, your passport is all you need. Getting married in Brazil can be more stressful because more documents are needed and all of your fiance's documents have to been authenticated by the Brazilian consulate before you leave. The other problem with getting married in Brazil is that the documents you need are not the same for every cartorio. Make sure you contact the specific cartorio where you will register your marriage to find out what documents they require for FOREIGNERS. Sometimes they also require a written Regime de Bens to avoid problems later. Normally you need the following (I have to put this in Portuguese to make sense )

· ESTRANGEIRO:

- Solteiro: Certidão de Nascimento, Declaração de Estado Civil e Declaração de Residência;

- Divorciado: Certidão de Casamento com averbação do Divórcio, Declaração de Estado Civil e Declaração de Residência;

- Viúvo: Certidão de Casamento, Certidão de Óbito do(a) Cônjuge, Declaração de Estado Civil e Declaração de Residência;

- Cópia autenticada do Passaporte, da página com a foto e da qualificação ou da Carteira de Permanente.

- SE O ESTRANGEIRO ESTIVER NO BRASIL, ele deverá comprovar a entrada legal no país por meio do carimbo de entrada no passaporte (cópia autenticada).

Again, all of those documents have to be authenticated by a Brazilian Consulate in the U.S. and if you type them out in english they have to be traslated by a tradutor juramentado IN BRAZIL. I simply typed mine up in Portuguese, except for my birth certificate which had to be translated in Brazil.

If you get married in the U.S. and want to register your marriage in Brazil you have to go through the consulate here - your marriage certificate has to be authenticated in the U.S. and then translated in Brazil - AND then registered at the cartorio.

It can get confusing which is why many people get married in the U.S., apply for the permanent resident visa from the U.S. and don't worry about dealing with the cartorios unless you plan on staying in Brazil for a long time and want to buy property or something.

3. The really hard part is going to be returning to the U.S. for a visit after you leave.

You have to get a new visa to return and your two main options are a tourist visa or an immigrant visa (as a fiance or spouse). The tourist visa is difficult for Brazilians to get unless you have strong ties in Brazil like a job, house, etc. You would think that being in school would help but usually it doesn't. Once you are married to an American your chances of getting a tourist visa are almost zero.

Applying for the immigrant visa can be a long process (especially since Brazil doesn't allow direct consular filing anymore). The good thing is that once it is approved you can travel between the two countries - but there is a time limit on the amount of time you spend outside of the country and if you are still in school that option probably wouldn't work for you.

Well, that's a start...

I have. My husband signed the original G-325A and I later completed the attachment and I signed it (just so they wouldn't say it has NO signature). My petition was approved without any problems or RFEs, but I've heard "rumors" that sometimes it depends on the agent reviewing your documents.

I think as long as your spouse has signed the original you should be fine.

This is quite the discussion...but I think it's more straight forward than we've made it. I have to agree with a previous poster who cited Section 23.5 of the AFM: (emphasis mine)

Furthermore, if the wedding upon which the marriage-based adjustment application is based occurred less than 2 years before the date on which adjustment is granted, the adjusting alien becomes a conditional permanent resident.

I think mentioning that the first marriage was religious is what's causing the confusion. In NY, the first marriage (religious) is valid and would most likely be honored by USCIS who considers a marriage valid if it is valid in the jurisdiction(state) where it was performed (with a few exceptions: common law, proxy, etc.) However, it seems like the petitioner, for whatever reason, made the personal decision to use the second marriage as proof of a valid marriage for immigration purposes. As such, USCIS granted the petition/adjustment based on the information provided and granted the conditional green card based on that information. Simple.

Normally, use of the I-90 without a fee - for corrections, is when USCIS made a mistake like miscalculation or user-input error or errors on the card itself - - not changing the marriage that was used to approve the petition and application.

Think of this in other terms: for example, my husband and I could have legally gotten married in Greece 12 years ago, and then legally got married in Brazil last year. Both marriages are valid where they were performed and would most likely be acceptable for USCIS purposes. But...it's easier to get documentation etc. for our marriage in Brazil and this is the information we used for immigration. Even if we disclose that we have a previous valid marriage we are choosing to use the Brazilian (less than 2 years documented) marriage. I can hardly imagine that after going through the interview and approval process that I would be able to change the conditional green card to an 10yr. card because I NOW want to rely on the Greek marriage as our valid marriage.

I understand that in this situation it would have been problematic to use the (undocumented?) religious marriage - even though it is valid in NY, but if you are going to provide proof of its validity, the time to do it was when petitioning USCIS. Otherwise, using one wedding date for the petition and another for the green card would create a loophole for people who claim to have valid religious ceremonies before documenting their marriage and now want to bypass the conditions.

So, the issue of whether you can marry 1 person 1,000 times in NY is moot, lol. I'm not here to discourage you from trying - by all means, its worth a shot if it will save you time, energy, and money in the future. However, my understanding of the law and the immigration process seems like getting what you want is very unlikely.

She might be able to google and find one that's specific to Colombia? The only one that I have heard a lot about is the Ciudad Juarez (Mexico) forum. http://www.smf.juarez-mexico.com/index.php

I've seen people post in English and/or Spanish and there is a lot of useful information and sample documents but it's sometimes specific to Mexico and the consulate in Juarez.

Hahahahaha

I remember butter cups!! We definitely have them in Florida... but I think we used to put the pollen on our noses. Maybe it was the chin?!

Wow, that brought back memories from loooooooong ago.

Thanks!

I don't know your situation but it doesn't sound very good. The best thing to do is bring evidence from before you were married to prove that your marriage was real (at least at the beginning) and not just for a visa. Did you ever visit a doctor? Do you know anyone that could sign an affidavit about the things you told them?

Try to understand that the government is going to say the purpose of getting the visa was so that you could be with your husband and live your lives together here. If he never really treated you like his wife, you don't know anyone here who you talked to or explained your situation to, no one helped you, and you have been using government assistance - why stay here?

If you have been in the U.S. for 2 years and don't know anyone other than your husband's family who doesn't want to help you, but you have family in Jordan it is a lot easier for them to deny the removal of conditions.

The answer should be YES. You have filed A petition with USCIS before: the I-129F is also a petition it just requires a different form number.

Wow, LOL! There are still honest people in this world!?!

I honestly have no clue if it's an issue, but I doubt it. Normally the "criminal activity" that gets a visa denied are situations where he was arrested or went to rehab. Unless his prior drug use had a negative effect on his medical exam it's probably not included in the report.

Criminal history is used for character assesments and Medical Exam is used for health assessments - to prevent the spread of disease in the U.S.

I wouldn't worry too much, lol, and they should be happy to know that he's a (painfully) honest guy. I would've lied!!

I'm sorry to worry you but you may want to consider changing your connection - or at least be prepared to miss your flight and make changes at the airport. Miami is a big airport, losts of travelers, and because so many flight come in from Latin America - LOTS of customs and immigration processing. I haven't been through the immigration process but even for normal international-domestic connections there are three problems.

1) Lots of people. Most of the South American airlines land in the same terminal and there's usually more than one plane landing at a time. If your flight is first thing in the morning or the late at night the lines at customs/immigration are usually shorter.

2) Baggage. You have to get your claim your baggage and then check it back in for your connection. Again, this takes a long time normally - so add that on top of your processing time and you're already close to 2-3 hours... if your flights are running on time.

3) The distance between the international terminal and your connecting flight terminal. This depends on who you are flying with but you ususally have to change terminals for an international-domestic connection. There is the "skytrain" thing Sugarz mentioned and even though it can be confusing and stuffy it's WAY better than trying to walk if you're in a hurry. Printing a map before you get there is a good idea!

I live in south Florida and go through Miami a lot. There have been times when I waited IN LINE for two hours for customs and immigration alone.

So my honest advice is if you can change your connection beforehand do it to give yourself peace of mind. Border patrol agents are generally not the nicest people and the last thing you want to do is get stressed out and try to rush them. If not, be mentally prepared to miss your connection and try not to let it bother you too much. Have a plan B - like check to see if your airline has a later flight they could try to put you on, otherwise you'll be angry about turning your connection into an overnight stay. $$

I know how you feel. It is really hard to do things the right way when waiting feels like such a punishment. Sometimes I feel like USCIS doesn't care about me and my family at all, but I know that (somehow) they are trying to make life safe and pleasant for us all. Stay strong, and try to remember that nothing bad lasts forever. Once we get through this waiting period we will be so happy that we did things the right way. Living in any country "illegally" is no way to live.

I'm with you.