When should I start I-129F application

[my350touring 0]

I'm new to this site and this process for I-129F. Here's the background:

1. My girlfriend is here from Brazil on J1 visa for au pair without the 2 yrs requirement of needing to go back to Brazil. Her J1 visa expires 7/15/07.

2. She doesn't want to extend for another year in the US.

3. I'm a US citizen.

4. We are getting serious and talking about marriage. I have known her for 5 months now.

5. She want to go back to Brazil to finish her University (she has about 6 months left or 1 semester).

6. Right now we think it's best to have her go back to Brazil, finish her studies, and bring her over on a I-129F. (bad thing is it's a 12 months wait but during that time she can finish her studies).

7. We also thought about marrying her in the US and file for an adjustment I-485 but not sure if she can leave the country and go back to Brazil to finish her studies?

Question:

1. Based on out situation, is it best for us to do #6 or #7?

2. If we go with #6, when can I start the I-129F petition? Now while she is here on her J1 or once she's back in Brazil?

Edited December 5, 2006 by my350touring

[payxibka 10,045]

I'm new to this site and this process for I-129F. Here's the background:

1. My girlfriend is here from Brazil on J1 visa for au pair without the 2 yrs requirement of needing to go back to Brazil. Her J1 visa expires 7/15/07.

2. She doesn't want to extend for another year in the US.

3. I'm a US citizen.

4. We are getting serious and talking about marriage. I have know her for 5 months now.

5. She want to go back to Brazil to finish her University (she has about 6 months left or 1 semester).

6. Right now we think it's best to have her go back to Brazil, finish her studiesm, and bring her over on a I-129F. (bad thing is it's a 12 months wait but during that time she can finish her studies).

7. We also thought about marrying her in the US and file for an adjustment I-485 but not sure if she can leave the country and go back to Brazil to finish her studies?

Question:

1. Based on out situation, is it best for us to do #6 or #7?

2. If we go with #6, when can I start the I-129F petition? Now while she is here on her J1 or once she's back in Brazil?

You can file the 129F whenever you want, her place of temporary living makes no difference. She will have to return obviously for the consulate piece of the process which you already know.

PS It may or may not take 12 mos to complete the process dependent on which service center you are able to use. For example, VSC is starting to turn petitions in 30 days and then you will only have the NVC & consulate wait.

[JaJo 1]

I'm new to this site and this process for I-129F. Here's the background:

1. My girlfriend is here from Brazil on J1 visa for au pair without the 2 yrs requirement of needing to go back to Brazil. Her J1 visa expires 7/15/07.

2. She doesn't want to extend for another year in the US.

3. I'm a US citizen.

4. We are getting serious and talking about marriage. I have known her for 5 months now.

5. She want to go back to Brazil to finish her University (she has about 6 months left or 1 semester).

6. Right now we think it's best to have her go back to Brazil, finish her studies, and bring her over on a I-129F. (bad thing is it's a 12 months wait but during that time she can finish her studies).

7. We also thought about marrying her in the US and file for an adjustment I-485 but not sure if she can leave the country and go back to Brazil to finish her studies?

Question:

1. Based on out situation, is it best for us to do #6 or #7?

2. If we go with #6, when can I start the I-129F petition? Now while she is here on her J1 or once she's back in Brazil?

A K1 doesn't take a year to be approved. Chances are that if you apply now, she'll get her visa before her semester is over; remember, the summer vacations are about to start here, so she'll probably begin a new semester in March(maybe?). Anyway, the K1 visa is valid for 6 months, so she can get it and wait until she graduates and then go be with you there.

Sorry, I can't help you if you choose to marry there and go for AOS...I'm sure someone else will, though.

Good luck!

[my350touring 0]

Also, since she now working in the US as an au pair she has SSN, do I just use that on the I129F? Can I use her SSN #, even when she goes back to Brazil?

[Kath 0]

the SSN will be with her always so you would have to put on the application that one exists..and also where she lived in the states .. its not a hard process and you have always got VJ to ask questions...

take a look at the timelines of the office you will apply at and see all the others that have gone through it ..then you will get an idea of how long it will take you...

good luck

kath