DCF if you do not have residency?

[Marry a Brazilian 0]

Hello...

I am an American and my wife is a Brazilian.

We are newly married in Brazil, but I do not have residency.

I contacted the American Consulate in Rio de Janiero and inquired as to the DCF process.

I was informed that I am required to have established residency in Brazil for a period of six months before being eligible to apply for DCF.

Are there any other options available to us?

Is there a way to get the 6 months residency waived?

The DCF process was appealing to us as it appeared to be a quick process.

I believe our alternative option is the K-3 visa, correct?

However, we were averse to this process as it is our understanding that a K-3 can take a long as a K-1. (i.e. 8 to 10 months)

Is this correct?

What, if any, are the "fast" options available to us?

Not that we have a compelling reason to rush, only that the majority of my income is derived from the United States and I do not have the luxury of staying is Brazil for long periods of time.

I have checked and searched the forums, but this specific situation was not clear to me. (or maybe I cannot search effectively) lol

Any pointing me in the right direction is greatly appreciated.

We thank you in advance for the responses.

Edited February 22, 2010 by Marry a Brazilian

[mrs. wife! 3]

Are you on a tourist visa?

If you want to do DCF you have to apply at the Federal Police for you "brazilian green card" and wait for 6 months (living down here) and then you'll be able to apply trough DCF.

The other option is to apply for CR1 (K3 is no longer a good choice), and the process takes about 5-7 months.

There is no way around... sorry.

[sachinky 465]

If you do not qualify for DCF, then I'm afraid that there is no other route apart from CR-1. Nope, there is no way to expedite this process, otherwise, we'd all have done it. Good luck.

[Tricia599 2]

Unfortunately, you're not going to get the 6-month residency requirement waived. In reality, you are talking about the same timeframe - 6 months in Brasil plus the three month visa processing time, or the 9 month wait while you file in the states.

If you decide to stay in Brasil, filing the paperwork for permanent residency in Brasil is not difficult, but they don't make it easy - there are a lot of hoops to jump through. Then, the DCF filing all has to be done in person - this is two trips to the consulate, at least. Not easy if you live far from them.

From what I can tell on this board, filing from the states is easier in that it is all done by mail, but you will be apart for those nine months.

The "right direction" depends on what is moost important for you and your wife. Can you make the sacrifice to live and work in Brasil for the 9 months? Can your marriage survive being apart for that long if you return to the states? No easy answers here.

Good luck in whatever you decide.

[Marry a Brazilian 0]

Thank you for responding.

Yes, I am on Tourist visa.

We are looking into the process for residiency now for me.

I will look into CR1.

Why K3 is no longer a good choice?

Is it because of the time involved?

I understand your position on no way around.

However, in my previous experience with the US government, I have found that most things are only guidelines and that many times there are undocumented methods of accomplishing the same objective.

Thanks again for the feedback, will look into CR1 now.

Are you on a tourist visa?

If you want to do DCF you have to apply at the Federal Police for you "brazilian green card" and wait for 6 months (living down here) and then you'll be able to apply trough DCF.

The other option is to apply for CR1 (K3 is no longer a good choice), and the process takes about 5-7 months.

There is no way around... sorry.

OK, thanks.

I am reading up on the CR-1 process.

I appreciate your feedback.

If you do not qualify for DCF, then I'm afraid that there is no other route apart from CR-1. Nope, there is no way to expedite this process, otherwise, we'd all have done it. Good luck.

[Marry a Brazilian 0]

Thanks for responding to my question.

When you mention the 9 month wait in the states, is that for CR-1 or K3?

I do not mind filing from the States.

I travel back and forth between Brazil and US frequently, so if it is easier to file on one side versus the other, that is an option for us.

To your point, I neither want to be in the US, nor Brazil for an extended period of time.

If in Brazil for an extended period of time, it is difficult to tend to my state-side obligations.

If in US for an extended period of time, it is an undue hardship on my wife.

So far, we have balance with me going back and forth, however, those plane tickets add up quicky! lol :-)

Thanks for the well-wishes.

I will be sure to contribute to the forum as things progress, perhaps someone else may benefit from me and my wifes expereinces.

Again, thanks to all you have responded!

Unfortunately, you're not going to get the 6-month residency requirement waived. In reality, you are talking about the same timeframe - 6 months in Brasil plus the three month visa processing time, or the 9 month wait while you file in the states.

If you decide to stay in Brasil, filing the paperwork for permanent residency in Brasil is not difficult, but they don't make it easy - there are a lot of hoops to jump through. Then, the DCF filing all has to be done in person - this is two trips to the consulate, at least. Not easy if you live far from them.

From what I can tell on this board, filing from the states is easier in that it is all done by mail, but you will be apart for those nine months.

The "right direction" depends on what is moost important for you and your wife. Can you make the sacrifice to live and work in Brasil for the 9 months? Can your marriage survive being apart for that long if you return to the states? No easy answers here.

Good luck in whatever you decide.

[sachinky 465]

The K-3 is pretty much officially obsolete now as the NVC is administratively closing the K-3 if the I130 and I129F is approved at the same time and will continue with the CR-1 processing. Read the guides. It will explain all the basic stuff. CR-1s are about 6-8 months, usually. Good luck!

[mrs. wife! 3]

My husband is living down here with me since our wedding (October 2009) and even though, we filed from the states.

If we had decided back then to do DCF would be more time, since we have to wait for 6 months residency to be able to apply DCF.

After that, the process would take 3 more months. So it's worthless.

Do CR1, read the guides and you will understand better how everything works.

K3 is not a option anymore, because you would have to file two petitions (I-130 and I-129F). If both of them are approved at the same time, NVC (national visa center) would cancel your I-129F (K3) and keep the I-130 (which is the Cr1).

So if you apply for K3 at the end of the process they will cancel the petition and make you follow CR1 anyway.

K3 was invented when the Cr1 was taking 1 year to be approved, what's not the case anymore. Read my timeline and you will see that the process is quite fast nowadays.

My petition took 97 days to be approved. Now my process is with the NVC now and we should be done there soon, since you just have to pay some bills and they release your papers to the consulate in Brazil along with the interview date.

The prices are:

I-130 petition $355

IV bill (NVC stage) $400

AOS bill (NVC stage) $70

(ps - she will have to go to the immigration doctor which is about R$220 reais, and have some exams, so I'm not counting on the process' price)

About traveling back and fourth there is this agency in NY that I always buy my tickets and they are very cheap. The website is www.bacctravel.com, give them a call next time you need to buy a ticket, talk to Johny. They are always the cheapest price.

You must call them, they always have a better deal than the website prices.

I hope that helps!

Good luck =)

[mrs. wife! 3]

Also, I found this post from a fellow visa journey about the K3 and Cr1 process.... give it a read.

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go through the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

[Marry a Brazilian 0]

Thanks again for the follow-up.

I had found the "guides" here on the site earlier today after reading the other responses.

This post you referenced just reinforces that the CR-1 process is clearly the way to go.

Best regards!

Also, I found this post from a fellow visa journey about the K3 and Cr1 process.... give it a read.

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go through the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.