tmac9wr

Filing the I-130 along with other required forms and documentation is the first step. After the petition is approved, additional forms and documents will need to go the NVC. However, since the NVC step is not until later, don't focus on it until after your I-130 is submitted.

Ok great, thanks again for the information.

Ryan is correct, but whether your will be successful getting the IR1 visa will depend on how long she was in the USA, when you got married. You said you "moved to the USA" after marrying in Boston. OR, did you mean to say you moved to Brazil, and she never overstayed her visitor visa?

Oh whoops! That was a typo. We moved to Brazil after we were married. She actually overstayed her visa, but I spoke with an immigration lawyer and he said the rules is she needs to wait 2 years before she is be able to re-enter the US. It's been nearly four years, so we shouldn't have any trouble, right?

Since you are both currently living in Brasil, then you only file the I-130, the I-485 is a form you will never have to fill out. She cannot return to the US without the proper visa.

Great, thanks! So that's the only step of the filing process if you're both living abroad? Obviously it's more complicated than just filling out that one petition, but the I-130 and future interviews are the only things we'll need to do for her to get her IR1 visa?

Form I-485 is filed to adjust the status in the US when beneficiary is in the US. And yes, I-485 can be filed concurrently together with I-130 so long beneficiary is in US and came here with some kinds of valid visa.

Ok thanks. We're currently living in Brasil, so does that mean the entire IR1 application process is based on the I-130 petition?

Hello everyone. I'm a naturally born American citizen living in Brazil with my wife (who will be the future beneficiary of an IR1 visa). Her and I were married four years ago in Boston City Hall, and then moved to the USA shortly thereafter, without getting a visa for her.

I was under the impression that in order for her to get an IR1 visa, I'd need to send in an I-130 petition and she would need to send in an I-485. However, looking here, it sounds like all I need to do is file an I-130 and then we do an interview. Is this correct? If we need to file the I-485, is it possible to file the I-130 and I-485 concurrently?

Thanks in advance for any help.

Great, thanks for the prompt responses.

Hey everyone,

I'm an American currently living in Brasil. I'm married to a Brasilian girl, who I met back in Boston. I saw that the I-130 is to establish the relationship with an alien or something like that...we were married in Boston, and our marriage is recognized by the state of Massachusetts...shouldn't this be enough for the government to recognize our marriage? Or is it still necessary to file the I-130?

I'd also like to know what kind of time frame it'll be for us to get her Permanent Visa? When we were in the US she was on a temporary work visa (which she actually overstayed a bit), and we never changed this before leaving because we were more focused on getting my visa to Brasil straightened away.

We wouldn't be moving back permanently, we just want to go for a visit to the US next fall for my friend's wedding. If the permanent visa process is too long for this, is there a temporary visitor visa that she'd be eligible for that would be more fitting?

Thanks for any help you can give me!