Live in Brazil, but would like residence status for my Brazilian wife without living in the US?

[Tom and Claudia 0]

I have been living in Rio De Janeiro, Brazil for about 5 years now and I am married to my wonderful Brazilian wife for about one year. I truly love my life in Rio and really have no intentions near term of moving back to the US, but one never knows. For that reason I would like to apply for residence status for my Brazilian wife, but without having the intention of actually living in the US once it is issued.

I realize that if I apply for the residence status and it is granted for her, she will have to enter the US afterwards but I have been unable to determine for how long she would have to stay. Can we enter and then two weeks later leave? If I understand the rule correctly, she cannot be out of the US for more then one year, correct? Is all this really tracked?

I can certainly swing a yearly trip with my wife to the US until she is eventually elgible for citizenship and that required no longer exisits, but is the above feasible?

Any information and guidance would be greatly appreciated.

[notime4haterz 0]

If you apply for a CR-1 then that would be a greencard for her and she can come and go as she pleases...but I'm not sure. I think the conditional residency lasts for 2 years and during that time there is a limit as to how long she can stay out of the country. But I'm not sure what that is. If you wait until you're married for more than 2 years, I think they give her a permanent non-conditional greencard. For that, I think you are allowed to come and go as you want, but cannot remain outside the US for more than 1 year straight...more than that I think they consider it abandonment of the residency.

I'm not exactly sure, but this is what I think.

[YuAndDan 153]

Residence status (US Green-card) is for living in the USA, if living permanently in another country, you cannot get a US-Green-Card, only after entering the USA on an immigrant visa will she get a green-card.

If and when the time comes you, the US citizen can file an I-130 (DCF) to the US Consulate to get your wife an IMMIGRANT CR-1 or IR-1 visa, a K-3 cannot be filed for (DCF). DCF is much faster than K-3 filed for in the USA. Also DCF (CR-1 IR-1) results in a green-card issued upon entry to the USA, K-3 does NOT.

NOTE, inorder for you to get the visa, you will need to show that you did not give up US domicile, or that you are re-establishing your US domicile.

[Monica&Isha 0]

Hi!

From what i've seen a friend of mine doing... you can't be out of the US for more than 6 months in a row when u have a greencard, otherwise you have problems getting back in. Unless the rules have changed in the past 3 years, she would have to travel to the US every 6 months. If she overstays outside the US between 6 months and a year, she won't actually have her entry denied, but she needs to have valid reasons to tell the immigration. I don't think "living in Brazil" would be accepted as a reason to be out for more than 6 months, because they would say you don't need a resident status in the US if u don't live there...

If she gets a k3 visa instead of greencard (CR1/IR1) she can come and go whenever she wants while her visa is valid, but she is somewhat like a tourist unless she adjust status, applying for a greencard, so i believe she won't be able to apply for citizenship on a k3 visa.

Hope this info helps.

[pushbrk 13,067]

If you apply for a CR-1 then that would be a greencard for her and she can come and go as she pleases...but I'm not sure. I think the conditional residency lasts for 2 years and during that time there is a limit as to how long she can stay out of the country. But I'm not sure what that is. If you wait until you're married for more than 2 years, I think they give her a permanent non-conditional greencard. For that, I think you are allowed to come and go as you want, but cannot remain outside the US for more than 1 year straight...more than that I think they consider it abandonment of the residency.

I'm not exactly sure, but this is what I think.

When you're not sure, it's usually best to leave it to others who are. "Resident" means resident. With no intention to reside, one does not qualify for permanent resident status. (There is no other kind of resident status available.)

A visitor visa can probaby be obtained for her by showing the couple's ties to Brazil. If plans change, that's the time to pursue an IR1 visa through a Direct Consular Filing.

For additional information, Google "maintaining permanent resident status".

[Completely 3]

I have been living in Rio De Janeiro, Brazil for about 5 years now and I am married to my wonderful Brazilian wife for about one year. I truly love my life in Rio and really have no intentions near term of moving back to the US, but one never knows. For that reason I would like to apply for residence status for my Brazilian wife, but without having the intention of actually living in the US once it is issued.

I realize that if I apply for the residence status and it is granted for her, she will have to enter the US afterwards but I have been unable to determine for how long she would have to stay. Can we enter and then two weeks later leave? If I understand the rule correctly, she cannot be out of the US for more then one year, correct? Is all this really tracked?

I can certainly swing a yearly trip with my wife to the US until she is eventually elgible for citizenship and that required no longer exisits, but is the above feasible?

Any information and guidance would be greatly appreciated.

What I can advice you is that even you have no plans on living in the US for now, it will be best to fix the residency of your wife just in case.. If I were you I will check the nearest US Embassy in Rio De Janeiro and see if you can do direct consular filing for CR1 VISA. I assume that you still have a residence or a home address in the US and still pay taxes, if the answer is yes, you can still file for a Petition for Alien Spouse and put your home address in the US.

Once the petition is approved, and they issued her a visa, she will have to enter the US within 6 months. She does not have to stay there for 6 months or so, she just need probably 3 weeks or at least just wait till she receive her greencard. (just to make sure that she receive it before you all go back to Rio de Janeiros. Then every 11 months, she have to re enter the US to meet the physical requirement of being a resident. if you both are not sure when you are going back to the US, she can apply for Authorization to travel, this is valid for 2 years,- meaning she can be outside the US for 2 years without having a problem.

Once she become a resident, if you work overseas under a US Company that engage in a US trade, check if she qualifies under Article 319b of Immigration Nationality to apply for citizenship. This act waives all the physical presence requirement in Citizenship application.

Check my timelines, that will explains to you a lot.

Edited December 14, 2008 by Completely

[pushbrk 13,067]

I have been living in Rio De Janeiro, Brazil for about 5 years now and I am married to my wonderful Brazilian wife for about one year. I truly love my life in Rio and really have no intentions near term of moving back to the US, but one never knows. For that reason I would like to apply for residence status for my Brazilian wife, but without having the intention of actually living in the US once it is issued.

I realize that if I apply for the residence status and it is granted for her, she will have to enter the US afterwards but I have been unable to determine for how long she would have to stay. Can we enter and then two weeks later leave? If I understand the rule correctly, she cannot be out of the US for more then one year, correct? Is all this really tracked?

I can certainly swing a yearly trip with my wife to the US until she is eventually elgible for citizenship and that required no longer exisits, but is the above feasible?

Any information and guidance would be greatly appreciated.

What I can advice you is that even you have no plans on living in the US for now, it will be best to fix the residency of your wife just in case.. If I were you I will check the nearest US Embassy in Rio De Janeiro and see if you can do direct consular filing for CR1 VISA. I assume that you still have a residence or a home address in the US and still pay taxes, if the answer is yes, you can still file for a Petition for Alien Spouse and put your home address in the US.

Once the petition is approved, and they issued her a visa, she will have to enter the US within 6 months. She does not have to stay there for 6 months or so, she just need probably 3 weeks or at least just wait till she receive her greencard. (just to make sure that she receive it before you all go back to Rio de Janeiros. Then every 11 months, she have to re enter the US to meet the physical requirement of being a resident. if you both are not sure when you are going back to the US, she can apply for Authorization to travel, this is valid for 2 years,- meaning she can be outside the US for 2 years without having a problem.

Once she become a resident, if you work overseas under a US Company that engage in a US trade, check if she qualifies under Article 319b of Immigration Nationality to apply for citizenship. This act waives all the physical presence requirement in Citizenship application.

Check my timelines, that will explains to you a lot.

She would need to be in a 319b eligible circumstance to have any confidence the first stage of this process will work. I've conversed with a CBP Station Chief about the viability of our plan to live half-time in China and have been discouraged from trying that. In his view, my wife would be in danger of being turned back each and every time she attempted to enter the US, and my wife's green card is not conditional.

[Tom and Claudia 0]

I have been living in Rio De Janeiro, Brazil for about 5 years now and I am married to my wonderful Brazilian wife for about one year. I truly love my life in Rio and really have no intentions near term of moving back to the US, but one never knows. For that reason I would like to apply for residence status for my Brazilian wife, but without having the intention of actually living in the US once it is issued.

I realize that if I apply for the residence status and it is granted for her, she will have to enter the US afterwards but I have been unable to determine for how long she would have to stay. Can we enter and then two weeks later leave? If I understand the rule correctly, she cannot be out of the US for more then one year, correct? Is all this really tracked?

I can certainly swing a yearly trip with my wife to the US until she is eventually elgible for citizenship and that required no longer exisits, but is the above feasible?

Any information and guidance would be greatly appreciated.

What I can advice you is that even you have no plans on living in the US for now, it will be best to fix the residency of your wife just in case.. If I were you I will check the nearest US Embassy in Rio De Janeiro and see if you can do direct consular filing for CR1 VISA. I assume that you still have a residence or a home address in the US and still pay taxes, if the answer is yes, you can still file for a Petition for Alien Spouse and put your home address in the US.

Once the petition is approved, and they issued her a visa, she will have to enter the US within 6 months. She does not have to stay there for 6 months or so, she just need probably 3 weeks or at least just wait till she receive her greencard. (just to make sure that she receive it before you all go back to Rio de Janeiros. Then every 11 months, she have to re enter the US to meet the physical requirement of being a resident. if you both are not sure when you are going back to the US, she can apply for Authorization to travel, this is valid for 2 years,- meaning she can be outside the US for 2 years without having a problem.

Once she become a resident, if you work overseas under a US Company that engage in a US trade, check if she qualifies under Article 319b of Immigration Nationality to apply for citizenship. This act waives all the physical presence requirement in Citizenship application.

Check my timelines, that will explains to you a lot.

She would need to be in a 319b eligible circumstance to have any confidence the first stage of this process will work. I've conversed with a CBP Station Chief about the viability of our plan to live half-time in China and have been discouraged from trying that. In his view, my wife would be in danger of being turned back each and every time she attempted to enter the US, and my wife's green card is not conditional.

Thank you very much!!!!