Dual Citizenship

[Leonidus 0]

Howdy folks,

Just a quick question from cyberspace.

I currently live in Brazil with my fiancee and we are considering a move to the United States next year. I have both Brazilian and American citizenship having attained the former last year. Does anyone know if this effects the k-1 visa application in any way? Does the U.S. recognize marriages in other countries if the American holds citizenship in that particular country?

Also curious...I was reading on a friends website that you have to apply for the k-1 visa within two years of meeting your fiancee. Just to clarify, does this mean you can only apply after being in the relationship for two years, or before? Logically, after makes much more sense.

Thanks for any input you can offer!!!

Leo

[VanessaTony 3,567]

Howdy folks,

Just a quick question from cyberspace.

I currently live in Brazil with my fiancee and we are considering a move to the United States next year. I have both Brazilian and American citizenship having attained the former last year. Does anyone know if this effects the k-1 visa application in any way? Does the U.S. recognize marriages in other countries if the American holds citizenship in that particular country?

Also curious...I was reading on a friends website that you have to apply for the k-1 visa within two years of meeting your fiancee. Just to clarify, does this mean you can only apply after being in the relationship for two years, or before? Logically, after makes much more sense.

Thanks for any input you can offer!!!

Leo

The US recognises marriages in any country, (as long as it's a legal one). You do not need citizenship of the country you get married in (think destination weddings).

Dual citizenship is irrelevant. Have you considered DCF (Direct Consular Filing) as you are both living overseas? Please see the guide here: http://www.visajourney.com/content/dcf

They simply ask that you apply for the K1 as long as you have met in person in the last 2 years. You can be together for only 6 months but you have to have met in person at LEAST in the last 2 years.

Edited April 9, 2010 by Vanessa&Tony

[K and L 27]

You have to be able to prove you have met your fiance(e) in the previous two years, and that you have a bonafide relationship. The fact that you're both a USC and a Brazilian isn't really a significant help. I mean, yeah, it'll help demonstrate that you've a common language (Portuguese, if not English as well), but I hear Brazil's not a terribly difficult consulate as long as there are no previous immigration issues (entry without inspection, working in the US, visa overstay) or a history with drugs or violence.

You can get married in Brazil, but you will have to file a different set of immigration papers to bring your spouse over and it will be a different visa. The US government recognizes any marriage that is legal in the US regardless of where it was done, which is to say that as long as it's between a man and a woman, it's all good.

You can get married in the US. But afterwards, to have the marriage recognized by Brazil, you must fill out a consulate-specific form ("Formulário para Registro de Casamento”) and pay $20 with the local Brazilian consulate and bring the certificate back to Brazil, to a cartório to be finalized.

[Leonidus 0]

Thanks guys! Just to clarify, we're not both USC. She is full on Brazilian. I am the only one with dual citizenship.

The Direct Consular Filing sounds interesting. If I read it correctly, it is a way expedite the speed in which a beneficiary can enter the United States, by filing through a local consulate instead of a US Service Center. I suppose I qualify because I live abroad???

I have a couple of other friends who live here and who successfully applied for the k-1 visa. This option was never mentioned, which makes me skeptical that it is possible where I live.

Needless to say, it's worth looking into. I'll have to call the consulate up and get some feedback from them.

- Thanks,

Leo

Edited April 10, 2010 by Leonidus

[K and L 27]

It is an option in Brazil to DCF (in fact, talk to Marina-Del -- she's currently in the end stages of her Brazilian DCF). I didn't mention it because I misread your first post and that you were living in the US, and DCF isn't an option if you're not permanently living abroad for Brazil.

I think DCF in general just isn't as well known about. It is significantly cheaper than the K1 (especially because, filing today, the K1 visa fee will probably be almost the same as the immigrant visa fee that the DCF files), and your wife would be able to work right away as she'd have a full green card. There's an analysis around here over the costs of the IR1/CR1 versus the K1, and as I recall, the K1 is presently $1596 from start to finish (plus medical fees) and the IR1/CR1 (which is what you will end up with with a DCF) is more like $900.

[Leonidus 0]

Hmmmm....interesting option. I will definitely check that out and contact Marina-Del. Obrigado!

[K and L 27]

Ah, here is the comparison.