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Immigration Forum / USA Marriage Base / September 2006Help! International Marriage in Brazil
I have been dating my girlfriend for many years and have decieded to ask her to marry me - which thankfully she agreed. She lives in Brazil, I an a US resident. We are planning to get married in Brazil, and then file I-130, once it is approved then file 1-129F (the same form that is used for the Fiancée K-1 visa, but in this case for a Temporary Spouse K-3 visa) With the approved I-129F, my then wife obtains the temporary visa to enter the US, and then we apply for permanent residence. My cousel said it could take about 5 months for this to get approved. But I heard today that sometimes it can be years! YIKES We have already planned a big wedding of about 150 people in March 2006 in Brazil. But I would hate to have to be stuck in red tape over the course of years to have her come to the States. Any advice, or help would be greatfully appreciated and/or tips. I was told I should also save all the letters and correspondence over the time we have known other. Please help. > I have been dating my girlfriend for many years and have decieded to > ask her to marry me - which thankfully she agreed. She lives in [quoted text clipped - 23 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- Hi Mark, You don't need to have an *approved* I-130 in order to file the I-129F for the K-3. You just need to have the *receipt* (the NOA) from the I- 130, to include with the I-129F package. That makes a big difference. I don't know how fast Brazil's process is, but in general, the I-130's have sped up quite a bit recently, so you may end up having that get processed even before the I-129F. As far as how long the whole thing takes, it's anyone's guess. But really you have no choice, once you marry you just have to wait as long as it takes. You should mentally prepare yourselves in case it does take a year. Best Wishes, Rene > I have been dating my girlfriend for many years and have decieded to > ask her to marry me - which thankfully she agreed. She lives in [quoted text clipped - 23 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- I'm not sure why your attorney told you it would take only a few months. Since you're only a permanent resident, it will take a LONG time, aka years. You might want to wait until you are able to naturalize before going down this path. How long would that take? ~ Jenney > I'm not sure why your attorney told you it would take only a few > months. Since you're only a permanent resident, it will take a LONG > time, aka years. You might want to wait until you are able to > naturalize before going down this path. How long would that take? > > ~ Jenney Good catch, Jenney. I assumed he meant he is a USC. Rene > Good catch, Jenney. I assumed he meant he is a USC. > > Rene I thought so at first, too, but then it doesn't make any sense why he would hear from people that it would take years for a US citizen to bring their spouse from another country like Brazil. A year, maybe, but not YEARS. Plus I don't know why someone who is a US citizen would refer to themselves as a US resident. I've never referred to myself as a resident, only as a citizen, because that's what I am. Who knows? Hopefully the OP will come back and clarify. ~ Jenney Hi Guys! Sorry for the delay. Yes - I am a USC - if that means United States Citizen. I am SO glad I found you because I here in Kansas! Yes, that's right - "Dorothy and Toto." So I am concerned about what level of quality council I am getting (with no disrespect to my attorney personally or Kansas - but more of it not really being a "metro" area). Thanks SO much for everyone's help on this. As you can imagine, some of these acronyms, have me confused - but I figured out USC - (I hope anyway - Ha!). What is a LPR? My lawyer did discuss with me the options to bring her over on a I-29F. But what does LPR stand for? Here is what they are suggesting: The plan that I am recommending is the plan where you get married in Sao Palo, your wife enters on a temporary visa, and then applies for permanent residence here in Wichita. In order to do that, you first need to get married. Then you file the I-130. Once it is approved, we file the I-129F (the same form that is used for the Fiancée K-1 visa, but in this case for a Temporary Spouse K-3 visa) With the approved I-129F, your wife obtains the temporary visa to enter the US, and then we apply for permanent residence. The issue here is the way I understand it we will have to wait for not ONE but TWO approval's "concurrently" (independent and contingent on each other). So, I'm doing the math and it worries me. I had hoped that I could start on some of these forms PRIOR to the marriage - but have learned that it must be AFTER (which I guess I can understand too). Then you hear horror stories, like a man who married a woman in the phillipines and it's taken over 4 years and she is still not in the States. But then I read on this group that that perticular area is more difficult. Jenney & Mark <member2595@british_expats.com> wrote: > Hi Guys! Sorry for the delay. Yes - I am a USC - if that means > United States Citizen. I am SO glad I found you because I here in [quoted text clipped - 45 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- Legal Permanent Resident (as opposed to Conditional Permanent Resident). Both are PRs with full and equal rights/responsibilities... but a CPR must apply to have the conditions removed. Direct Consular Filing. Not an official term, but some countries will allow you to file directly with the consulate rather than petitioning in the US. Ian > Hi Guys! Sorry for the delay. Yes - I am a USC - if that means > United States Citizen. I am SO glad I found you because I here in [quoted text clipped - 45 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- Hi Mark, I already mentioned this, but maybe you missed it. You don't need an APPROVED I-130 to file the I-129F. You only need to have the receipt that you filed it. So no, you are not waiting for two approvals. You will file the I-130, and within a few weeks you get a receipt. Using that receipt, you then file the I-129F. However, lately, I-130's have sped up, so do both and just follow through whichever one is gets an interview first. Best Wishes, Rene > Hi Guys! Sorry for the delay. Yes - I am a USC - if that means > United States Citizen. I am SO glad I found you because I here in [quoted text clipped - 45 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- Hi: LPR is "Lawful Permanent Resident" which is dervied from the term "lawfully admitted to permanent residence." It is old immigration-speak -- sometimes called a "lapper." There is a subset of LPR called "conditional permanet residence" -- this is for marriage based immigrants when the marriage is less than two years old and for "EB-5" investor visas. CPR is a little confusing becuase it is a contract term imposed 20 years back on a long established immigration system. A lot of things in immigration law are depedent upon being a LPR. So the grant of LPR based upon a marriage less than two years old is subject to a "condition" -- you have to file a second application at the second anniversery of grant of LPR in order to keep it. BTW, the "permanent" green card is valid for 10 years -- so you will see the phrases "2 year residence" and "10-year residence" -- neither of which is legally accurate, but I tend to be pedantic on such things. BTW, the K-3 is only operative IF it is approved BEFORE the I-130. I've had case where the I-130 got approved first.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi Guys! Sorry for the delay. Yes - I am a USC - if that means > United States Citizen. I am SO glad I found you because I here in [quoted text clipped - 45 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- .... SORRY! CORRECTION - THANKS - YES IT WILL BE: MARCH 25 - 2007! Thanks - HA! My Bad! - Mark Jenney & Mark <member2595@british_expats.com> wrote: > I'm not sure why your attorney told you it would take only a few > months. Since you're only a permanent resident, it will take a LONG > time, aka years. You might want to wait until you are able to > naturalize before going down this path. How long would that take? > > ~ Jenney Well, he didn't say he's a US PERMANENT resident, and hopefully his lawyer isn't SO unethical as to tell him that he could petition for a K-3 as an LPR. I'm going with: he IS a US citizen, and he didn't know it was an important distinction. :) If he were an LPR, he also wouldn't have used 'resident'. Mark, No matter what your lawyer told you, triple check it. I think that you will find that from marriage to Brazilian wife walking over the US border will more realistically be 9+ months based on current timelines, and Rene's one year is realistic as well. If your lawyer guarantees that we don't know what we're talking about, surf yoruself over to visajourney.com and look at the average wait time for an I-129f for a spouse--they are real reports from real people. > Well, he didn't say he's a US PERMANENT resident, and hopefully his > lawyer isn't SO unethical as to tell him that he could petition for a [quoted text clipped - 13 lines] > wait time for an I-129f for a spouse--they are real reports from > real people. I'm a bit surprised that no one else noticed that his wedding date passed by 6 months ago! :) I suppose it's possible, in the grand time/space scheme of things, that he's living in the past... as so many of us do from time to time. Ian > I'm a bit surprised that no one else noticed that his wedding date > passed by 6 months ago! :) I suppose it's possible, in the grand > time/space scheme of things, that he's living in the past... as so > many of us do from time to time. > > Ian Maybe he's Doctor Who! (cue the spooky theme music...) :) ~ Jenney > I'm a bit surprised that no one else noticed that his wedding date > passed by 6 months ago! :) I suppose it's possible, in the grand > time/space scheme of things, that he's living in the past... as so > many of us do from time to time. > > Ian hahaha...how funny that we read right over the typo! ;) Rene > I have been dating my girlfriend for many years and have decieded to > ask her to marry me - which thankfully she agreed. She lives in [quoted text clipped - 23 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- Hi: I sure hope you meant March 200-SEVEN -- I know that in my court work, the Immigration Judges are making that mistake a lot. Please note that I did a "DCF" for Rio at the beginning of 2005. However, direct consular filing is an ephemeral thing -- you might want to check it out. BTW, you might want to consider doing a civil wedding now to get the ball rolling and then enter after the "big" public wedding. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > [quoted text clipped - 7 lines] > BTW, you might want to consider doing a civil wedding now to get the > ball rolling and then enter after the "big" public wedding. MrF, you know I think that's an excellent idea. Did you have to show any sort of emergency for your client to qualify in Rio? I won't quote you, but I might link to this thread. :) thanks. Mark: pay attention to both ideas! > MrF, you know I think that's an excellent idea. > Did you have to show any sort of emergency for your client to [quoted text clipped - 4 lines] > > Mark: pay attention to both ideas! Hi: It was pretty straight up DCF -- however, we had to file an I-601/I-212 package upon the prompt visa refusal -- it was then sent to Lima for adjudication. It took about 15 months in all -- most of which was on the waiver. We did NOT have to show any emergency. All I was saying was that at that time Rio did DCF. I have no idea if there is any change in policy. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > [quoted text clipped - 6 lines] > at that time Rio did DCF. I have no idea if there is any change > in policy. I'm kind of new on the immigration options and rules... but IMHO, wouldn't it be better for Mark's fiancee to just apply for a K-1 (fiancee) visa, which would take less time than the spouse visa? He and his wife could just have their religous ceremony in Brazil next year, and then once having the K-1 visa she could come to US, marry and adjust status. I have the feeling that marrying abroad is not the best option if the couple wants to live in US afterwards. My apologies if I said something stupid... :) > I'm kind of new on the immigration options and rules... but IMHO, > wouldn't it be better for Mark's fiancee to just apply for a K-1 [quoted text clipped - 4 lines] > best option if the couple wants to live in US afterwards. My apologies > if I said something stupid... :) Depends if he is a USC or not. Depends if a Religous ceremoney is legally valid in Brazil, it is in many countries. > Depends if he is a USC or not. > > Depends if a Religous ceremoney is legally valid in Brazil, it is in > many countries. Yep, and also depends on if they've seen each other in person within the past 2 years. Rene > I'm kind of new on the immigration options and rules... but IMHO, > wouldn't it be better for Mark's fiancee to just apply for a K-1 [quoted text clipped - 4 lines] > best option if the couple wants to live in US afterwards. My apologies > if I said something stupid... :) Not stupid at all. It's just that, like Meauxna and Rene have pointed out, there are several details that are unknown to us which might make the K1 impractical or impossible for the OP and his fiancee. Otherwise it was a great suggestion. :) ~ Jenney Folinskyinla <member4043@british_expats.com> wrote: Dear, Folinskyinla - Thank YOU so much for your post... I wanted to pay you the respects immediately to acknowldege this. I'm printing it out now and will read it. > Folinskyinla <member4043@british_expats.com> wrote: > [quoted text clipped - 13 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- Hi: Remember, I'm telling you to look it up and get CURRENT information. DCF can really be a thing that is here today and gone tomorrow in the few posts that do it. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization Can you please tell me what, DCF means? Thanks :-) "Mark" <mms22@swbell.net> wrote: >----== Posted via Newsfeeds.Com - Unlimited-Unrestricted-Secure Usenet News==---- >http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups >----= East and West-Coast Server Farms - Total Privacy via Encryption =---- > Can you please tell me what, DCF means? Thanks :-) > [quoted text clipped - 12 lines] > ----= East and West-Coast Server Farms - Total Privacy via > Encryption =---- Sure, read this article: What is DCF and Why Do I Care? http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf I can't get a bead on Rio for DCF. (DCF is NOT an official term and you won't find it listed as such on the Consulate's webpage) I remember MrF's story now, from when he posted. I think you'll find things a little tighter there now, but since you will marry in Brazil anyway, it NEVER hurts to ask, especially if you ask nicely and know the right question. I strongly encourage you to look into this, and your lawyer may/may not be aware of it as an option. DCF would be my #1 choice--- well, actually it WAS my #1 choice. The K-3 visa is an optional parallel track visa for spouses. You basically have 2 going at the same time and can take the one that is approved first. Either of those options will take 9-12 months. Reread MrF's post about a civil service. No really. None of this can start until you have a marriage certificate in hand. "Mark" <mms22@swbell.net> wrote: Thanks RENE and everyone else! I really apprecaite it your advice and your patience! Mark |
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