gabriel123

Hi all

I really appreciate everyone who takes a few minutes of their day to help me  

Here's a breakdown of our situation:

I'm a Brazilian citizen. She's an american citizen. She moved to Brazil very young and lived her whole life there with her family. We started dating in Feb / 2017

Last year I moved to the US on a J1 Visa (Trainee program) and she decided to move to the US too. We got a religious ceremony in Brazil on Sept/18 and got married in court in the US on Oct/2018

My J1 Visa, unfortunately, has the 2 year condition, which I requested a Waiver and the good people from DoS approved / sent on July 17th a Favorable Recommendation to the USCIS, who has the final decision on waiving it or not. 

Quote

The Two Year Home Residency Requirement is often referred as the 212(e). Only the U.S. Department of State can determine if a J-1 and/or J-2 is subject to the 212(e). If subject, a J-visa holder will have to physically reside within their last country of legal permanent residence for two years before s/he may return to the U.S. as an H-1B visa holder, L visa holder, K visa holder or as a Permanent Resident.  If subject, J-visitors are unable to apply for a change of status within the USA.  Being "subject" to this regulation does not prevent a visitor from returning to the U.S. in another visa status, such as F-1 (student), B1/B2 (tourist/business) or under the visa waiver program.

USCIS processing time for the J1 Waiver is between 2 weeks - 6 months.

My J1 will end on mid November and I have a 30 day grace period to stay in the US.

Ok, after this introduction of our situation, here's what we have:

Worst case scenario: USCIS dont waive the 2yr condition and there's nothing we can do. 

Another scenario: It takes the whole 6 months for the USCIS approve my waive request (So let's consider they will take a month to get the recommendation letter, we're talking about 7 months // Feb / 20). I could stay in the US and file for the AOS in here, but looking at USCIS times, it could take about 7 months to get a EAD / Work permit... That would mean i'd have to stay until August or Sept / 2020 without being able to work... And that's not fun

So here's the scenario my wife and I are currently considering:

My wife will stay here in the US and I'll go back to Brazil in the end of my trainee program and we can do the whole CR1 process, which roughly can take, let's say 9 - 10 months right? And after arrival in the US i'd be able to work almost right away, correct? I already have a SSC, however it shows "Valid for Work Only with DHS authorization" so I might need a new one... Right? 

I noticed that the DCF might be suited for us, however there's no USCIS office in Brazil, so I understand that's out of question, right? 

Please, let me hear your thoughts on our situation, if the CR1 would be the best option

We are thinking on consulting an attorney too, but we'd like to get these first few questions to understand what's the best path for us and when talking an attorney we would have some ideas if we would qualify for the CR1 (and if thats the best path)

Thank you so much!

2 minutes ago, EandH0904 said:

What is your plan once you move to the US? If neither of you have ever lived here, why is it that you want to move to the US to live? Have you thought about housing, insurance, jobs, education, etc? It's MUCH different to live in a foreign country than to take a road trip or a vacation. 

 

I don't know if she is even eligible, if she has never lived here (I'm sure other VJ members will know) - but I'm curious as to why you think that the US is so great you would both leave your homes (essentially) to come here without family, employment, residence, etc. 

Brazilian economy is going downhill year by year... 

We are both young (Mid 20s) and we decided that if there's a time to risk it, it might as well be right now! 

we both work with logistics in Brazil and we know that we can be good assets for some companies looking to start or improve business with both Portuguese & Spanish-speaking countries 

Hi Guys,

My fiance and I are really confused and dont know whats the best scenario for us

She was born in the US (She has a SSN) and her family moved back to Brazil soon after she was born... She went back once to a vacation in NY with her sister and few months ago we road tripped California together. 

We will get married here in Brazil next year and we would like to move to the U.S to start our marriaged life

I was born in Brazil

We saw that for k1 or cr1 visa you need an affidavit of support of sponsor... I understand that would be for me, as the foreigner. But she doesnt have any form of income in the US either (We are both living in Brazil right now) 

What are your suggestions? How can we legally start to proccess to moving to the U.S.?

Thank you!