USC WITH BRAZILIAN WIFE: DCF or IR-1/CR-1?? HELP!

[inmigracionFL 0]

I am a Brazilian-born USC, and my wife is Brazilian also. I reside mostly in Brazil, and just came back to the U.S. for a couple of weeks. I want to petition for my wife but I have several questions that I hope someone can help me with.

1) In order to DCF, do I have to be in Brazil 6 months immediately before the petition (in other words, would my short trip to the U.S. invalidate this, as I have been in Brazil for the vast majority of the past year)?

2) I'm returning to Brazil on the 22nd. Can I petition for my wife to the Chicago lockbox while I'm here from my U.S. address or do I have to DCF in Brazil?

3) If I petition to USCIS here, can they send the NOA to my Brazilian address or do they only send them to U.S. addresses? Can I list a foreign address on the I-130?

4) Do I still have to file an affidavit of support even if I have been out of the U.S. for the past 3 years and haven't filed taxes here?

5) I know that DCF is faster than IR-1/CR-1 but is it cheaper?

I really hope someone can help me out with this.

Obrigado!!

[mrs. wife! 3]

Hi, if you do DCF forget about Chicago lockbox, NOA etc.

Everything will be handled in the Consulate.

First you have to call the US consulate and make an appointment. You go there and they will explain everything to you.

You can also check the DCF guidelines here on VJ.

Your short trip to the US will not affect anything on your wife's visa.

DCF is faster and probably cheaper. If you qualify to do DCF go for it.

Also, you will need to file an affidavit. Maybe get a co sponsor as well.

Good luck.

[Penguin_ie 5,996]

1. no problem, you can still file DCF. People travel all the time, as long as you are legally resident in Brazil for the last 6 months, you can file DCF.

4. Yes, you still need to be the primary sponsor. You can file on assets, or income which continues once you move back to the USA, or get a co-sponsor. Yoiu also must back-file taxes (that doesn't mean you need to pay anything, but you need to file taxes even if abroad as a USC).

5. Probably a little cheaper, depending on your individual circumstances, but not much.

One thing to point out: once your wife gets her visa and goes to the USA for the first time, she will be a legal permanent resident. As such, she needs to spend the majority of her time in the USA, otherwise her greencard will be revoked. Does this fit inot yourplans for the future, some 6 months down the road? If not, you may be better off trying for a tourist visa.