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Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
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Experience:  Knowledgeable and experienced immigration lawyer.
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I am an american citizen. I want to marry a Brazilian woman.

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I am an american citizen. I want to marry a Brazilian woman. What is the easiest way to do so? She tells me that she has heard that the American Consulate in Sao Paulo often denies tourist visas, and I know we would commit immigration fraud if I married her while here on a tourist visa. She has a Brazilian passport, and in good standing with the law. I have been told to marry her in Brazil, then bring her back to USA, but I think I would have to leave her there while the paperwork is being processed. I heard it can take 6-12 months. Please help. Thank you.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 4 years ago.

The process to file for your fiancee as a K-1 which is generally considered the fastest process is below. You can anticipate 6 to 8 months for the process.

 

Filing the K-1

 

Step 1) You would file the 129-F with USCIS. USCIS.gov and click forms.

Step 2) After the petition is approved, your fiancee would fill out the forms sent to her

by the National Visa Center.

Step 3) You fiancee would be interviewed at the nearest US consulate in Brazil.

Step 4) You fiancee would enter the US.

 

Key Points to remember would be that you and you fiancee would need to be married within 90 days of her arrival to the US and she would need to adjust status to a lawful permanent resident within those 90 days using Form I-485 or be required to return to Brazil.

 

The eligibility criteria is fairly simple:

a) U.S. citizen spouse

b) Both parties are free to marry

c)genuine intent to marry upon arrival to the US

d)both parties must have met and seen each other in person within the

last two years.

 

Technically, your fiancee is still eligible to apply for a tourist visa while the K-1 is pending

although it may be more difficult to be approved as many US consulate officers will assume immigrant intent even if your fiancee only requests a short trip to the US.



Edited by Wilton A. Person on 8/19/2010 at 8:37 PM EST
Customer: replied 4 years ago.
Wonderful thank you! Apart from the fiancee method you mentioned, if we marry at the end of the tourist visa would this also work?
Expert:  Wilton A. Person replied 4 years ago.

You are welcome. If you and your fiancee married at the end of her tourist visa and she returned to Brazil, you would essentially have two options which are outlined briefly below:

 

Immediate Relative petition- You would file the I-130 in the US and the approved I-130 would be forwarded to a US Consulate in Brazil for processing. Your wife would complete the application, have an interview, and if approved, she would enter the US as a lawful permanent resident.

 

K-3 Non-immigrant Petition-You would file the I-130 in the US and once you receive the receipt that the I-130 has been received, you would then include the receipt with the I-129-F-Petition for Alien Fiance/Spouse to be sent to the US Consulate in Brazil.

 

As of February 10, 2010, the K-3 application process is closed/stopped if both the I-130 and I-129 are approved at the same time and the application converts to an immediate relative petition.

 

The K-3 would allow your spouse to adjust status to a lawful permanent resident in the US and she would have up to two years of her entry into the US to adjust status.

 

The K-3 visa is a multiple entry visa which would allow your wife to travel back and forth between Brazil and the US for a two year period.

 

The processing of the K-3 visa, if it is not converted to a immediate relative petition is 6 to 12 months whereas the immediate relative visa is normally processed in about a year.

Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience: Knowledgeable and experienced immigration lawyer.
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