Getting Married Outside of US with a US citizen

[MrBr 0]

Hello guys!

I was reading a few topics in this forum and I get encouraged to write down my case and maybe you guys have some advice.

Oh, I hoped my case was easy like the title that I wrote down...

Well I will try to be short and I will tell a little bit about the past:

I'm from Brazil and in the last 1 year and half been "living" between US and Brazil, (for me) logically I wasn't living in US it because I have a company in Brazil and I was doing business with a company in US, so I was traveling to US stay 2 months (or sometimes 5 months) come back to Brazil do my stuff down here in Brazil (short period) and return to US to continue the business. (representing my Brazilian company)

Well, in Nov '08 I made a trip from US to Brazil, short trip, I just came for do a meeting with client down here and sign off a papers and came back to US (one week later) to finish the project that we were taking care in US.

When I got in US the immigration officer started to do a ton of research in Internet about me and the end of the day they says: for us looks like you're living in US and not really making business, it because if we count all your stay in US you have 300 and somethings days and we found a couple stuff on internet that says that you live in US. (PS: I NEVER overstay ONE day under my I-94's, I always left weeks before it expires). [things like facebook]

He told me that he could withdraw my application, cancel my visa and I return to Brazil, that this way I understand that the visa that I was going that time wasn't the right visa for I was planning to, but they wasn't banning me or nothing, I just will have to apply for new visas. (he told me that if I didn't agree with that they could do a quick judge or something like that, but if get proved something else I could be BAN, so I did prefer to take option.. lol )

Well I came back and after 2 months I applied for the same visa B1/B2 because I really really had to do a meeting in US (I had the invitation letter, bank statement of my Brazilian company etc), well they guy denied my application and said that I didn't have binds with Brazil and was looking like I was trying to go back to US to live.

After that I forgot about US but I had (still have) a American girlfriend, that I like her and we really wanna stay together, so she came to Brazil couple times and we went for other country together as well.

Well this same US company that I was doing business before called me and asked me if I wanted to try a J1 visa, that I could stay in US for 18 months do a training and then come back to Brazil... I thought that was great idea 'cause i could stay a little bit in US and stay in my girlfriend.. but after I applied for all papers, i got approved by the sponsor in US, but when I went in the interview in the consulate in Brazil, guess what! boom!, denied, same thing, told me that for her (officer) looks like that I was trying to immigrate to US, and the history looked like I lived in US before and it's getting to look bad for me because I was applying back again and now different visa (like many applications).. (well i told them, I needed to go to a meeting, i applied for business visa, now they offered me a training plan, i just applying for the visa that I suppose to, and the history i never overstay, but ok.. i know that is their job and I'm ok that, was ok)...

Well, after this time I just gave up and I saw no big deal, I'm good down here, but the problem is my girlfriend because, she doesn't wanna to live in Brazil because of the language, and want to stay together.. she comes often to Brazil, and we're planning to marry down here, maybe live couple months here in Brazil and then go back to US together.

My worry is, marring in Brazil after all this my history with US Consulate / Visas, will I be able to get a K visa or apply for green card to go back with her, our biggest concern is she has to live outside of US (where is all her family).

Do you guys have hear any case similar like that?

Thanks for any advice,

Sorry for the long history.

[Krikit 1,165]

There are quite a number of nationalities who have been denied visas or entry to the US on suspicion that they were trying to circumvent the immigration process. If the Consulates or Embassies have deemed their spousal/fiance(e) relationship to be a legitimate one, they will "forgive" the denials and issue you a visa. It is up to you to prove your case.

I am moving your thread from the K-3 forum to the General Immigration Related Discussion forum. Good luck, and welcome to VJ.

[Brother Hesekiel 2,236]

If you marry your USC girlfriend in Brazil, you can apply for an immigrant visa at the nearest consulate. Your then wife would return to the US and apply for a K3 for you which allows you to "wait" in the US until the case is decided upon.

Since you want to immigrate to the US, you don't need to show any ties to Brazil.

The only problem I see is that at the AOS interview in the US, the immigration officer (IO) may (or may not) assume your marriage is not bona fide, meaning that you married only (or primarily) in order to immigrate to the US.

Even though you did have a valid B1/B2 and did not overstay ever, USCIS has your time of presence in the US on file. That's the only caveat I see.

[Deputy Purple 1,294]

If you marry your USC girlfriend in Brazil, you can apply for an immigrant visa at the nearest consulate. Your then wife would return to the US and apply for a K3 for you which allows you to "wait" in the US until the case is decided upon.

Since you want to immigrate to the US, you don't need to show any ties to Brazil.

Actually....

You have to paths:

1. Immigrant Visa directly:

After getting married the USC Spouse (your wife) would file a petition (I-130) with the USCIS on behalf of you. The Petition would give you the okay to file an application for the IR-1/CR-1. Upon approval of the I-130 the USC would then pay AOS Fee, provide Affidavit of support (I-864) to NVC and Pay IV Fee. The Alien Spouse would send in the DS-230 (Immigrant Visa Application). After the NVC is satisfied with your documents they would forward the packet to the US Embassy for Brazil where you would have to go through medical & interview.

2. Non-Immigrant and Adjust Status after Arrival:

After getting married the USC Spouse (your wife) would file a petition (I-129) with the USCIS on behalf of you. The Petition would give you the okay to file an application for the K3. Upon approval of the I-129 the NVC would forward your case to the US Embassy for Brazil where you would have to go through medical & interview.

Option 2 may save you a couple of months but option 1 gives you the green card upon entry to the US and doesn't require Adjustment of Status.

[MrBr 0]

Guys!

Thanks so much for your reply...

We will talk this weekend and decide what we gonna do!

My last question... should I think in the possibility to apply or k-1 visa? (fiance)

Or will it be more tough?

I was wounder if they take this point if it's a real or not real marriage (but at the end of the day, is important that I know.. and if comes to they denied we move together for someplace else).

Marring first in Brazil instead ask for K-1 visa looks better that it's not a fake marriage? or it doesn't matter in this case? What do you guys think?

PS: Tks again!!

[MrBr 0]

Bob -

Usually how long takes the Option 1 and Option 2?

Thanks

[Rings 10]

You can still succeed but you will need a lot of evidence to prove you are in a valid relationship. If you can gather sufficiant evidence they can't technically deny you. You need to start saving all your flight records and your letters and everything that you do with your girlfriend, e-mails, photos, phone records, when you send her money or when she sends you money, affidavits from family and friends (try to have them notarized if you can) and anything and everything that links you to this girl. You can get married in Brazil. I married Loke in Australia and we had enough evidence to prove our relationship was valid. They will look at your history, but as long as you have stayed in status and have not gone out of bounds with the law, it only proves moreso that you are here seeing your "soon to be wife" and that won't make them think ill of you. You may have a red flag on your passport for so many entires and the amount of days you have spent in one country as opposed to another, but as long as you have remained legal it will only benefit your case for a purpose to be here. file and submit the evidence and send everything you can think to send. There is not one piece of paperwork that links both of you together in an established relationship that's wrong here. When you start a new case with USCIS... it is a new case. They can review other cases but they cannot deny you if you pass all the requirements unless you have something you are not being honest about or unless you have committed some sort of fraud or overstay at any point. If you pass requirements to the K1 they will pass you.

It's sort of like when you go to court, you cannot be charged for another case. they have to technically charge you for each case seperately.

[MrBr 0]

Rings -

Thanks for your reply...

Make completely sense what you wrote.

Thanks for your guys help!

Me and my girlfriend will talk and I'm thinking to hire I lawyer so I will figure with the lawyer the right way to do.

Anyway now I have some hope that we can be living together in US.

I will post news soon!

Cheers,