Just married, no job, no country, questions about IR-1/CR-1

[R & P 0]

Hi VisaJourney. I'm happy to have found this website, and hope I can get some advice for our situation. I've read the guides and a number of forum posts, but I still have some questions. First, about me and my wife:

I am a US Citizen who spent the last 3 years working in Switzerland at an international organization where I met my wife, who is from Brazil. We naively made the following plan:

1. Stop working in Switzerland
   
2. Go to Brazil and get married
   
3. Stay in Brazil for a few months
   
4. Move to USA to live and find new work or start a company
   

We are currently on step #3 and – because of VisaJourney's information – we have learned that step #4 takes much longer than we anticipated. Oops. So we are in the following situation:

• I am staying in Brazil at her parent's house on my tourist visa (allows 90-day visits, maximum 180 days per year)
  
• We have no job, no house, or particularly strong ties to either the USA or Brazil
  
• We still want to go to the USA in order to live and work
  
• We have enough savings to wait out the 6-12 months for the IR-1/CR-1
  
• We don't want to be apart for any significant length of time
  
• She has a US tourist visa (allows 90-day visits, maximum 180 days per year), obtained last year in order to visit my family
  

It looks like what we need to do is apply for the IR-1/CR-1 visa for my wife. (The K-3 appears to be a slower, weaker visa which doesn't seem to have any benefit). I have the following questions for this application:

• When filing the I-130, can I use my parent's address in the US, which is my official mailing address now, even though I don't really live there and will have to get the mail forwarded to me?
  
• When filling out my (US Citizen) G-325a, should I list her parent's house in Brazil as a "residence" for the past 2 months after the wedding, even though I'm on a Brazilian tourist visa right now?
  
• For the I-130 "evidence of a bona-fide marriage", we don't have any of the property/residence/finance suggestions they give. Would my wife's Brazilian documentation for changing her last name to match mine on their various IDs serve as evidence, or should we just go ahead and get affidavits from my parents who were at the wedding in Brazil?
  
• My wife wants to get a new passport with her new last name. Will this void her tourist visa? Is it bad to get the new passport since it will be needed for parts of the IR-1/CR-1 visa application process?
  
• For Portuguese documentation which requires a translation, is it OK for my wife, who is fluent in English, to do the translation? She could sign the suggested "Certification by Translator" form given by USCIS, and even attach a TOEFL score as evidence.
  
• When we get to the "I-864 Affidavit of Support Form"... I don't have a U.S. "domicile" of my own, because I've been living overseas for years. Can I use my parent's house? Do I have to go there and establish a "domicile" that I don't want to live in (without my wife) for months?
  
• As things stand now (see †), I have to leave Brazil in late September. Is it OK for my wife to come "visit" the USA with me for 90 days, while the IR-1/CR-1 is being processed? We would use the time to visit potential cities for living, and possibly visit companies we may be interested in working at when the IR-1/CR-1 is obtained.
  
• Is there anywhere "official" we can go/call for interactive help? I tried calling the USCIS 1-800 number, and found it completely useless. Maybe the US consulate in Brazil?
  
• Is there any other complication that our homeless/jobless situation will create that I haven't thought of yet?
  
• Is this case complicated enough that I need a lawyer?
  

† I am also looking into obtaining permanent residency in Brazil in order to wait with her here for the US visa

Thanks for any help.

Edited July 30, 2010 by R & P

[Darnell 8,478]

I have 2 comments, before I run through your list of questions:

1. upgrade yer visa in Brazil . Do it next week. Revise yer plan, stay in Brasil, don't bother to come to USA just yet.

2. stay in Brazil 6 months, file the I-130 via Direct Consular Filing to the US Embassy - bypass USCIS/Chicago/NVC in toto. Once you've filed the I-130, YOU go back to USA, set up domicile, even if temporary /cheap lodgings, then return to Brasil prior to interview day. Review http://www.visajourney.com/content/dcf

FWIW, my 2 comments bypass/shortcut all of your other issues/concerns/questions.

Good Luck, Welcome Aboard, and I'll review /answer yer longish list laterz (but I'm sure someone else will chime in, before I make that longish reply).

Edited July 30, 2010 by Darnell

[R & P 0]

I have 2 comments, before I run through your list of questions:

1. upgrade yer visa in Brazil . Do it next week. Revise yer plan, stay in Brasil, don't bother to come to USA just yet.

2. stay in Brazil 6 months, file the I-130 via Direct Consular Filing to the US Embassy...

(...snip...)

FWIW, my 2 comments bypass/shortcut all of your other issues/concerns/questions.

Thanks. Of course your answer leads to more questions Why would a 6 month wait + direct consular filing be better than the (from what I gather from VisaJourney) 8 month average wait for IR-1/CR-1? Is it guaranteed (err... "hopeful"?) that the direct consular filing would take less than two months? Is it because of our living/working situation?

As an aside, so far we haven't received any official indication that I can upgrade my Brazil visa to stay, we're still researching that part... if anyone knows about this, please tell.

Edited July 31, 2010 by R & P

[Darnell 8,478]

other small comments -

If you were around SFO - here's the steps for a spousal visa to Brasil - http://www.brazilsf.org/visa_family_eng.htm

If you were chasing after a work visa in Brasil - here's some steps (a bit outdated) http://www.alloexpat.com/brazil_expat_forum/work-permit-in-brazil-brazil-work-visa-t3215.html

Brasil Visa Page - http://portal.mj.gov.br/Estrangeiros/data/Pages/MJA1BC41DEITEMID754E8D13DC0D4C6DA2D175AFB74A9B97PTBRNN.htm use http://babelfish.yahoo.com to translate it

Edited July 31, 2010 by Darnell

[Darnell 8,478]

Focused on Filing an I-130 to the LockBox in Chicago

Caveat- I am not a lawyer, nor do I play one on TV. My knowledge comes from READING VJ, copiously Studying a few China-specific portals,and forming my opinions based on a GISTING method of knowledge immersion. Your Mileage May Vary, Greatly. This is not 'my job', I don't make any monies slinging immigration advice outside of VJ. (Nor do i make monies WITH VJ )

When filing the I-130, can I use my parent's address in the US, which is my official mailing address now, even though I don't really live there and will have to get the mail forwarded to me?

Mom's address is fine.

For USCIS - expect to receive:

--I-797-C - NOA1 - 'Receipt Notice'

--I-797-C - NOA2 - 'Approval Notice'

--[OPTIONAL] I-797-C or E - 'Request for Evidence'

For NVC - never need to receive anything by postal mail - you must send things out via postal mail - and can actually pay NVC fees online - please review http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

After NVC Processing is Complete, things will get mailed to the address in Brasil. Maybe. If Brasil doesn't send anything via postal mail, then expect to receive appointment leter via email, and you'll have to download any medical forms to take to medical exam (or the medical examination place will already have the forms).

When filling out my (US Citizen) G-325a, should I list her parent's house in Brazil as a "residence" for the past 2 months after the wedding, even though I'm on a Brazilian tourist visa right now?

You can, but be sure to note that you have 'dual addresses' in the G-325A - There's no 'block' for this - you have to cover dual addresses with an attachment .

For the I-130 "evidence of a bona-fide marriage", we don't have any of the property/residence/finance suggestions they give. Would my wife's Brazilian documentation for changing her last name to match mine on their various IDs serve as evidence, or should we just go ahead and get affidavits from my parents who were at the wedding in Brazil?

You can build evidence this weekend - via

--VOIP Service to your mother's address in USA - see http://riveroffers.com/voip.html?crid=14556 for some choices - put the billto in both names

--Internet Access at your Mum's house in USA - see http://riveroffers.com/high_speed_isp.html?crid=14556 - put the billto in both names

--newspaper subscription to Mum's house in USA - yer not collecting the papers, but yer collecting the monthly statements - put the billto in both names. MOST newspapers have online subscription purchase for home delivery - can pay via CC.

--cell phone service in USA, see http://riveroffers.com/cellular_service_plans.html?crid=14556 - put the billto address to yer Mum's house, put the billto names in both names. A SSN is not required , usually, for the 2nd name to be on the billing statement. Suggest a 'low minutes' plan.

--'Payable on / upon Death Instructions - for any insurance you might currently carry - can change the POD instructions to have her listed as a beneficiary . Same for any Bank Accounts - but note will be difficult to arrange remotely. Not impossible, but difficult. You might get lucky with BANK POD instructions, though, if you get a knowledgeable operator - they just want a copy of her BIO page of her passport and a copy of the marriage certificate.

--have your Mum write up a rental agreement with both your names on it, have it notarized.

--what I did, ages past - for I-130 'bonafide relationship fodder' - http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240 but mine is extreme, as we're interviewing in Guangzhou, China, one of the toughest MF'ing Immigration Units in the World.

My wife wants to get a new passport with her new last name. Will this void her tourist visa? Is it bad to get the new passport since it will be needed for parts of the IR-1/CR-1 visa application process?

This is a bit iffy, I think if her old passport is returned to her, she should be able to get to a US Consulate/Embassy in Brasil and they can re-issue a new stamp for the new passport, expect to pay a fee. IT MAY BE as 'easy' as just getting an 'attestation' on name change in her Brasilian Passport, instead of a NEW passport - check in with whatever Passport Office , in a big city - they should be able to tell you directly 'how it works' - I be mostly clueless for the exact answer.

For Portuguese documentation which requires a translation, is it OK for my wife, who is fluent in English, to do the translation? She could sign the suggested "Certification by Translator" form given by USCIS, and even attach a TOEFL score as evidence.

Yes, she can do that. No TOEFL score required, just that 'attestation/certification statement' with her signature is sufficient.

When we get to the "I-864 Affidavit of Support Form"... I don't have a U.S. "domicile" of my own, because I've been living overseas for years. Can I use my parent's house? Do I have to go there and establish a "domicile" that I don't want to live in (without my wife) for months?

You're gonna have to prove up 'domicile' and/or 'intent to re-establish domicile', prior to interview day. On the I-864, is OK, but you'll have to show US Tax Returns (remember, even when yer exempt, is OK to file them after the fact - might want to review that, this weekend) during NVC processing, and any foreign tax returns, or a statement of 'blanket tax waiver' that your prior company might have supplied to you. Or Can Supply to you.

Your situation is similar to USA/CANADA couples, where the USC Spouse lived in Canada for some time, prior to interview day. They have to show either 'proof of domicile' or 'intent to re-establish domicile' on interview day. Many 'make the trip' back to the USA to get this handled between DS-230 submittal and Interview Day, or 'Interview Date Set' timetick to 'Interview Day', depending.

Is also similar cases for 'prove up domicile' for USA/CHINA couples, with casefiles filed either via lockbox to Chicago, or via DCF to US Consulate/Embassy. For China, as long as domicile is prove-able, by interview day, they were OK, otherwise they got a blue slip - instructions to submit this proof, come back again in a bit, we'll let you know..

In general, though, as long as you are able to prove up domicile in USA, prior to interview day, and SHOW this evidence ON interview day, you'll be OK. Will it require a trip back? Not at all, if you have it covered in USA with yer mother, via a rental agreement that went into effect 2 weeks prior to interview day (easiest base example)

As things stand now, I have to leave Brazil in late September. Is it OK for my wife to come "visit" the USA with me for 90 days, while the IR-1/CR-1 is being processed? We would use the time to visit potential cities for living, and possibly visit companies we may be interested in working at when the IR-1/CR-1 is obtained.

This is always a matter of contention here at VJ, coming into the USA on a tourist visa when yer already married. IF you get a chuckle-head Immigration Officer at the Point of Entry, he might deny her entry, stating that her intent is to immigrate once she is landed (boots on the ground) on USA soil. It happens, they're really nasty about it, and she could get turned back. HOWEVER, even with that said, she could absolutely fly through customs with MAJOR PROOF OF STRONG TIES TO BRASIL in hand at the Immigration Point in USA. The bottom line, though, is to be truthful at the Port of Entry with the Immigration Goons, and have yer pile of evidence in hand that she IS returning to Brasil, because of the strong ties to Brasil (evidence in hand, again, don't forget that). It's silly, but that's the requirements of being a Tourist, even at the border - you must be able to prove up that yer not gonna immigrate during this trip.

Or

The Immigration Goon will realize that she's married to USCitizen, and turn her back

Or

The Immigration Good will waive her through.

Is there anywhere "official" we can go/call for interactive help? I tried calling the USCIS 1-800 number, and found it completely useless. Maybe the US consulate in Brazil?

Interactive Help? With a Human? You can get help at the US Consulate in Brasil, but - be warned - do not waste yer time talking with the Brasilian workers that are there - always talk with a US Citizen worker, and try to go in during 'American Citizen Services' appointment or 'American Citizen Hours', if they have such a thing there. Talk with US Citizen there about this, do NOT waste yer time with a Brasilian employee.

Is there any other complication that our homeless/jobless situation will create that I haven't thought of yet?

You'll need to show either assets or income, or both. Study the I-864 instructions, and see if you even qualify. If you do not qualify to sponser yer wife SOLELY, on the I-864, you'll need to arrange for a joint-sponser / co-sponser with a second I-864 - and that 'other' sponser will have to qualify (based on income, assets, and household headcount +1 [yer wife] )

Is this case complicated enough that I need a lawyer?

I don't think so - but you'll need to wrangle some documents for IRS and income tax filing - you may have done that already... The only reason to require a lawyer, IMO, is if you have any serious red flags that will bite her, on interview day. If any goofy stuff about prior divorce dates, you might want to address that in an Evolution of Relationship Letter.

Other considerations on a lawyer -

I'll suggest a coupla things, maybe (maybe...) help you to decide whether you need an attorney or not.

a. read the VJ guides. map the steps out on paper and pencil. See if anything doesn't make sense to you.

b. Read the USCIS web portal about the forms. Map out the steps on paper and pencil. See if anything doesn't make sense to you.

c. Practice filling out the forms, at least 5 times. See if anything still doesn't make sense to you.

d. Have any red flags? Practice writing up attestation letters about each red flag.

Now, after doing (with major emphasis on DOING ) all of the above, if you do NOT understand the forms and the process and potential red flags for your petition,

then I'd suggest getting a good IMMIGRATION lawyer.

Welcome to VJ, btw - this is a GREAT DIY Immigration Web Portal, with emphasis on 'Y', and 'D'.

Caveat- I am not a lawyer, nor do I play one on TV. My knowledge comes from READING VJ, copiously Studying a few China-specific portals,and forming my opinions based on a GISTING method of knowledge immersion. Your Mileage May Vary, Greatly. This is not 'my job', I don't make any monies slinging immigration advice outside of VJ. (Nor do i make monies WITH VJ ) Wash in Spin Cycle Only.

Edited July 31, 2010 by Darnell

[R & P 0]

Thanks Darnell, your advice is valuable. I'd still be interested to hear why you originally suggested waiting six months and going for direct consular filing... it seems to me the approach of "do nothing for six months" risks increasing the delay to enter the US with my wife.

You're gonna have to prove up 'domicile' and/or 'intent to re-establish domicile', prior to interview day.

I'd be more comfortable with "making the trip", to establish an apartment, actually. A rental contract with my parents just seems weird and suspicious...

On the I-864, is OK, but you'll have to show US Tax Returns (remember, even when yer exempt, is OK to file them after the fact - might want to review that, this weekend) during NVC processing

I am current with my taxes and have copies of the filings from the last three years, so that's not an issue.

This is always a matter of contention here at VJ, coming into the USA on a tourist visa when yer already married. IF you get a chuckle-head Immigration Officer at the Point of Entry, he might deny her entry, stating that her intent is to immigrate once she is landed (boots on the ground) on USA soil.

We've actually already visited the US since marrying, for one week, in order to have an extra celebration with my family and friends. Maybe we got lucky with the "Immigration Goon", but the only thing we were told at the port of entry was that we don't have to fill out our customs forms separately anymore.

You'll need to show either assets or income, or both. Study the I-864 instructions, and see if you even qualify.

I'll do that. This could be the tricky bit, because I might have a hard time obtaining income again while we are together in Brazil. Luckily we're frugal and have a few year's salary worth of savings, I hope that counts for something. (Switzerland's high prices are a great incentive not to buy anything )

Welcome to VJ, btw - this is a GREAT DIY Immigration Web Portal, with emphasis on 'Y', and 'D'.

Thanks! Yeah, I don't expect anyone to do it for me Just looking for advice.

Caveat- I am not a lawyer, nor do I play one on TV. My knowledge comes from READING VJ, copiously

Yeah, I see there's a lot to read here. Many interesting stories, and some horrifying tragedies. This is definitely the most bureaucracy I've had to deal with in my life, I hope we can make it though with our sanity.

[Darnell 8,478]

Thanks Darnell, your advice is valuable. I'd still be interested to hear why you originally suggested waiting six months and going for direct consular filing... it seems to me the approach of "do nothing for six months" risks increasing the delay to enter the US with my wife.

Oh - this is an easy one to answer.

Compare the amount of time, yes?

I-130 to lockbox in Chicago -

submittal to approval - 4 to 6 months

NVC processing - 30 to 60 days

interview prep - 30 days

interview date - 30 days

so thats 7 to 10 months, from start to finish.

I-130 to US Embassy/Brasil

6 months wait (you've been there how long again?

I-130 filing to approval - 1 month

DS-230 filing to interview day - 1 to 2 months

so that's 8 to 9 months, from the start of yer 'in country time' .

HTH !

[Boiler 45,499]

She has a US tourist visa (allows 90-day visits, maximum 180 days per year), obtained last year in order to visit my family

Sounds sort of like the VWP, does she have a non Brazilian Citizenship?

[R & P 0]

Sounds sort of like the VWP, does she have a non Brazilian Citizenship?

No, she's pure Brazilian. The visa was obtained via the US Consulate in Switzerland.

[Boiler 45,499]

B2 entrants usually get 6 months.

[R & P 0]

Yeah, I just looked today, and it's a B1/B2 visa. The State Department web site says the U.S. Customs and Border Protection officer determines the length of stay allowed, with other online sources saying 6 months or even one year is possible.

I wonder how they'd react to asking for a 6-month family visit + whirlwind tour of the country?