CR-1 route, spouse can visit US while process is going on ?

[spouse_visa 1]

dated for 2 years, going back and forth to Brazil, she is been here a couple of tims, popped the question last November while she was here visiting for 4 months

Married Dec 1st, 2011 in US

She went back to Brazil and is gathering documentation for I-130 filing.

I have gone back since then, and going back again next month. Will file on March/April timeframe.

The question I have is, I have read here, that she could still visit the US, as long as she gives generic answers when getting in,

however, I would like to know if she comes and stays for a month of two, but goes back within the given time, will this be an issue when she gets to be interviewed back home ?

For what I can see, from other people's timelines, once you apply for the I-130, it might take three or four months before she gets notified in Brazil ? Anyone that has married a Brazilian can tell me what the process on the Brazilian embassy is ? In my case, Sao Paulo ?

We are willing to stay apart for a while longer, until this is revolved, and I would be going back in forth every month or so, but if she could come over here while the process is on-going, it would be MUCH BETTER :-)

Thanks

H&L

[palhaço 2]

As long as her tourist visa is still valid, she should be able to come and go while your application is pending.

[Sandra G. 5,021]

She applied for an I-130 therefore it shows her intent to immigrate.She can attempt to visit you, but there is no guarantee of entry

.

[Ryan H 3,795]

The question I have is, I have read here, that she could still visit the US, as long as she gives generic answers when getting in,

however, I would like to know if she comes and stays for a month of two, but goes back within the given time, will this be an issue when she gets to be interviewed back home ?

Generic truthful answers to generic questions is the key. Visits will not be an issue during an interview, if anything, it would be a positive. However, as it has already been pointed out, there is no guarantee she will be allowed entry by CBP.

For what I can see, from other people's timelines, once you apply for the I-130, it might take three or four months before she gets notified in Brazil ? Anyone that has married a Brazilian can tell me what the process on the Brazilian embassy is ? In my case, Sao Paulo ?

You don't apply for an I-130, the I-130 is a petition that is filed by a US Citizen or US Permanent Resident to obtain an immigration benefit for a relative. She won't be notified by USCIS with regards to its status at all, you will receive the notifications from USCIS. Once the NVC has the file, documentation will be sent there at the appropriate time and the NVC will schedule an interview at the Consulate in Rio de Janeiro.

She applied for an I-130 therefore it shows her intent to immigrate.

That is not correct wording, she is not applying for an I-130 (no one applies for an I-130). An I-130 petition which is a petition for an immigration benefit on her behalf will be filed. She will apply for a visa when the appropriate time comes.

She can attempt to visit you, but there is no guarantee of entry

That is true.

Edited February 20, 2012 by Ryan H

[Corinthians 7]

Anyone that has married a Brazilian can tell me what the process on the Brazilian embassy is ? In my case, Sao Paulo ?

Are you sure it is Sao Paulo? In the past, everything went through Rio unless it was for a tourist visa or something like that...

[Rachie07 4]

The question I have is, I have read here, that she could still visit the US, as long as she gives generic answers when getting in,

however, I would like to know if she comes and stays for a month of two, but goes back within the given time, will this be an issue when she gets to be interviewed back home ?

Generic answers? The only answers one should aim to give, as already mentioned by another member are truthful ones. If asked purpose of visit, you must answer truthfully (to visit family) and if asked who they must answer truthfully again. If you lie it could result in being turned away and a possible ban from entering the USA.

To be honest with you, everyones circumstances are different but I would be more concerned if someone didnt visit their spouse but as I said all cirucmstances are different. You are more than welcome to try and visit but entry is completely in the IO's hands. If visiting is an option, make sure you have documentation proving the intent to return to Brazil such as; rental agreement/house deeds, letters of employment, bank statements, return ticket and I carried the NOA1 with my incase I was pulled into secondary. I believe in being overprepared instead of being underprepared.

Edited February 20, 2012 by Rachie07

[dimples 9]

From personal experience my advice. Be as truthful as possible. Your tourist visa is for the purpose of visiting for pleasure. For the most part the immigration officer will not know about your I130 petition unless you mention it.

Answer questions directly and for the most part you should be fine.

Take as much evidence showing ties to your country and that you will be returning. As those mentioned above.

Yes you can be denied entry, but so can anyone else entering the US on a tourist visa. Its always at the discretion of that officer.

Just remember you are doing nothing illegal and that will put your mind at ease.

[spouse_visa 1]

thanks everyone.

I am actually the US Citizen filling the I-130 petition in the US ;-) I probably confused all of you !!!

Sorry about that ;-) Corinthians, ( MEU DEUS, I am Palmeiras ;-) ), I believe you are correct, it is Rio, I was not aware that Sao Paulo would not do it ;-)

My wife is back in Brazil, and I am going there in a couple of weeks to see her again, and grab all the documentation that she has translated, and when I get back, I will file the I-130 + g325a as well as everything the great guide on this forum tells me to do.

I have gone to Brazil every month, on average for the last 3+ years, and she has come here 3 times, never over staying her visa ( 3 weeks first time, 2 months later, and 4 months last time ), during the last 18 months.

I would like to send the I-130, and have her here, and, she can go home before after she gets notified there ? For what I can see, the NAO2 for a lot of people takes an average of 4 to 6 months ? She could stay here 3 or 4 months, and then go back and wait for this notification !!!!

Thanks for the help, I really appreciate it ;-)

H&L

[Ryan H 3,795]

I get back, I will file the I-130 + g325a as well as everything the great guide on this forum tells me to do.

Don't forget the G-325A for yourself as well.

I would like to send the I-130, and have her here, and, she can go home before after she gets notified there ? For what I can see, the NAO2 for a lot of people takes an average of 4 to 6 months ? She could stay here 3 or 4 months, and then go back and wait for this notification !!!!

As I already posted, notifications from USCIS from petition filing to adjudication decision are not sent to the beneficiary, they are sent to the petitioner. You are the petitioner, you will be receiving the notifications.

Edited February 21, 2012 by Ryan H

[spouse_visa 1]

thanks guys, yes, I understand that, I am following the I-130 guide instructions here

http://www.visajourney.com/content/i130guide1

When talking about my wife being communicated, I was talking about this section there

On the section that explains what happens after the I-130 is mailed out, this is what confused me a bit

"A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad. The packet will likely contain an Of-169 form, and an Of-230 part one and two forms that must be filled out by the intending immigrant. An I-864 form is also included that must be filled out by the petitioner (living in the US). The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case). The petitioner must make at least 125% above the U.S federal poverty to indicate to the U.S government that the intending immigrant will not become a federal charge to the government when he/she arrives in the U.S.. If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S citizenship or permanent residency is required. (i.e. copy of birth certificate, immigration status etc). The joint sponsor must be residing in the U.S, and he/she must also submit his/her past 3 years U.S tax returns along with bank or any other financial records available. The joint sponsor must submit his/her own I-864 form to accompany the petitioner's I-864 form."

does this mean that I get the NOA2, and then, a few weeks later, my wife will get the packet ? That is what it sounds like, and this, for what I can see on people's timelines, is taking between 4 to 6 months ( time between NOA1 and NOA2 )

One more thing, on the

15. Evidence of a bonafide marriage (see note below for what to include)

We have just gotten married last December. She lives in Brazil, and does not have a SSN, so, I was not able to add her to my bank account here.

I have a bank account there, where I can add her, and that might be OK.

I also have create life insurances for her under my policy here.

They talk about affidavits as well. Can that be a letter from friends or family in Brazil, properly translated, and certified, or a notorized letter from common friends in the US ?

I am trying to make sure my I-130 packet is complete before I send it next month !! :-)

Thanks for the help guys,

H&L

[Ryan H 3,795]

When talking about my wife being communicated, I was talking about this section there

On the section that explains what happens after the I-130 is mailed out, this is what confused me a bit

does this mean that I get the NOA2, and then, a few weeks later, my wife will get the packet ? That is what it sounds like, and this, for what I can see on people's timelines, is taking between 4 to 6 months ( time between NOA1 and NOA2 )

You will receive the NOA2. After you receive the NOA2, you will want to do the following. Allow one week for the file to be sent to the NVC, then call the NVC and ask if a case number has been assigned. Since you have not yet submitted your petition, Right now, your primary focus now is the initial filing of the petition with USCIS so I won't go on too much about NVC processing at this juncture (there will be plenty of time for that later). I will say this, once your case is sent to the NVC, don't wait for anything or you will be waiting for a long time, be proactive.

They talk about affidavits as well. Can that be a letter from friends or family in Brazil, properly translated, and certified, or a notorized letter from common friends in the US ?

Yes and yes.

[spouse_visa 1]

excellent Ryan H, I love this forum ;-) Very knowledgeable, whom are willing to help others through the darkness ;-)

thanks to everyone.

Will file on March 15th, a couple of days after coming back from Brazil ;-)