New and confused!

[Loftguy 0]

Ok, there is a beginning for all of us and I guess I am at that point. And after reading and reading, I need to ask your collective opinions on which is the best route.

My fiancee from Sao Paulo Brasil currently holds a B1 and B2 visa and comes to the U.S. often for work and vacation (hence how we met).

Our two options are:

#1 - go back to Brasil and I fill out the required documentation and wait and wait for approval and then the fiancee has the interview at the US embassy in Sao Paulo. And then my fiancee is given approval for the K visa. Comes into the U.S. and we marry within 90 days.

#2 - come into the U.S. we marry immediately and then we fill out the documentation for a change of visa from temporary to permanent for marriage. And of course, my fiancee will not be able to travel or work until the documents are all approved.

Which is better? easier?

thanks for your help.

[paujoric 0]

# 2 is easier but not quiete legal. you would have a spontanous wedding but since you have mmet several times before so the INS or USCIS or wheoever might not believe in you just met and got amrried sponatous and you might run in some serious trouble which even can cause you will get removed from the US.

# 1 is the legal but harder and long time lasting way. but at least you wouldn´t need to be afraid you might do anything unlawful or to even get deported. once you will get approved so you can get married and you after the wedding you can apply for changing your status to unconditional residence and apply for social security card and working permission.

just keep looking through this forum and you will find plenty of threads about this subject.

Goodluck

[Ngoc-Anh 1]

Welcome to my world (probably to many other's world as well!)

[motu 5]

Talk to an attorney to see what he/she recommends and take into account the dealys associated with each approach (and the costs too.) Then do what seems best for you. You don't need the attorney to file the application - just use him/her to figure out your optioons. God Luck

[Mew 0]

You and your fiance could get married while she's on a temporary visa provided that she didn't have a prior intent to stay for good and adjust status, otherwise it'd be considered immigration fraud (so # 2 is highly risky).

However, you could get married in the U.S. while she's there. She'd then come back to Brazil and you guys would file for a K-3. That's a third option.

An overview of the pros and cons about a K1 and a K3 can be found here: http://www.visajourney.com/forums/index.ph...mp;page=compare

[john_and_marlene 162]

Actually, approach # 2 is visa fraud. You will most likely find attorneys that will recommend doing it, but the advice from an attorney will not protect you in the event the USCIS decides you had intended all along to use a visitors visa to immigrate.

Any advice given on this board to follow such an approach is against the TOS.

[Mew 0]

Actually, approach # 2 is visa fraud. You will most likely find attorneys that will recommend doing it, but the advice from an attorney will not protect you in the event the USCIS decides you had intended all along to use a visitors visa to immigrate.

Any advice given on this board to follow such an approach is against the TOS.

Well, maybe I was unclear when I replied. So... yes, #2 is visa fraud and it's not advisable at all. You guys could take the K1 or the K3 route.

[paujoric 0]

You and your fiance could get married while she's on a temporary visa provided that she didn't have a prior intent to stay for good and adjust status, otherwise it'd be considered immigration fraud (so # 2 is highly risky).

However, you could get married in the U.S. while she's there. She'd then come back to Brazil and you guys would file for a K-3. That's a third option.

An overview of the pros and cons about a K1 and a K3 can be found here: http://www.visajourney.com/forums/index.ph...mp;page=compare

We have heard K3 process takes even longer than K1. We have thought about that option too and us just to get married here in Germany or in the US while I was there with my B2 visa or my baby was here. Not sure about how that works for Brazilians but for Germans it does definately take longer do get permission for residence in the US if a K3 visa was filed for.

A spontanous wedding was totally out of question for us since we have met for the first time already 2 years ago and have been together in person for so many months either in TX or here in Germany. They never ever would believe in a spontanous wedding.

Goodluck for whatver you will decide for

PS: sorry for all the spelling mistakes in my other response. I was in kind a hurry when I typed it and english isn´t my native tongue anyway.

[Alex+R 0]

Yay we're Sao Paulo too, come visit the Latin America forum.

[meauxna 15]

#1 - go back to Brasil and I fill out the required documentation and wait and wait for approval and then the fiancee has the interview at the US embassy in Sao Paulo. And then my fiancee is given approval for the K visa. Comes into the U.S. and we marry within 90 days.

Does this mean that your fiancee is in the US right now?

If so, the two of you should take a short meeting with a family based immigration attorney at your earliest convenience.

You will probably like the result.

If the above meant that *you* go back to Brazil, well, you still have to consider all of your options, I suppose.

[Loftguy 0]

Yes, my fiancee is in the U.S. right now on business but leaving on Sunday to fly back to Sao Paulo. Our next time together is the cruise we are taking out of San Juan Oct 1. And then in December here in the U.S. for the holidays.

Yes, I agree with what everyone is saying above about option #2 - it is riskier. My fiancee is very concerned about the interview at the US embassy in Sao Paulo alone as well as how long it could take. I need to deal with her impatience and shyness.

Thx everyone for your imput. Just like everyone, its a tough tough decision.

[Mew 0]

Yes, my fiancee is in the U.S. right now on business but leaving on Sunday to fly back to Sao Paulo. Our next time together is the cruise we are taking out of San Juan Oct 1. And then in December here in the U.S. for the holidays.

Yes, I agree with what everyone is saying above about option #2 - it is riskier. My fiancee is very concerned about the interview at the US embassy in Sao Paulo alone as well as how long it could take. I need to deal with her impatience and shyness.

Thx everyone for your imput. Just like everyone, its a tough tough decision.

The interview would be held at the consulate in Rio. Depending on the service center you file with, the process will be longer; the waiting time for an interview (after USCIS approval) is of approximately a month. In case you guys decide to file for K1, don't forget to keep receipts, pictures, tickets, itineraries and stuff like that so you can send out as evidence of having met with the I-129f.

[Alex+R 0]

If you are considering moving to Brazil for awhile you could marry in Brazil, wait for your permanent residency (wait about 9 months unless you pay for getting it faster) and then you can do direct consular filing with takes 4 months.

[Vagina Journey 0]

Welcome to VJ

[luvinmb 0]

My sister-in-law did option #2..... True it is very risky. Her's went through very easy. My fiance and I decided to not do option#2 and went the K-1 visa route. Hopefully, ours will go fast and easy as well.....