What type of Visa is best for me and my Brasilian fiancee?

[menina 50]

Yes, she will definitely have to go to Rio for the interview. You do not have to be there with her for the interview. Most people do the medical there in Rio as well a couple of days before the interview. While you are in the visa process, she can visit on her tourist visa, but it will be up to immigration when she arrives if they will let her in. With the K1 in process, she would have to show that she truly intends to return home to Brasil. Some people have no trouble and others do depending on the POE and the interviewing officer. Honestly, the process is going pretty quick right now. Cases are being processed in 3-4 months, going through NVC in a week or so, and then the interview about a month and a half later, so you wouldn't be apart all that long as long as there are no holdups with missing documents or name checks. If you are able to visit her during that time as well then you can spend even less time apart. You can read my review of the consulate interview on my timeline. It was pretty straightforward and simple for us. Good luck! I would be happy to answer any of your questions. We did the process all ourselves.

[Ladylethal 12]

Yep, I knew someone would come to confirm my post. I went through this in 2006 and wasn't sure if things might have changed or not.

[Journeyer 17]

Yes, she will definitely have to go to Rio for the interview. You do not have to be there with her for the interview. Most people do the medical there in Rio as well a couple of days before the interview. While you are in the visa process, she can visit on her tourist visa, but it will be up to immigration when she arrives if they will let her in. With the K1 in process, she would have to show that she truly intends to return home to Brasil. Some people have no trouble and others do depending on the POE and the interviewing officer. Honestly, the process is going pretty quick right now. Cases are being processed in 3-4 months, going through NVC in a week or so, and then the interview about a month and a half later, so you wouldn't be apart all that long as long as there are no holdups with missing documents or name checks. If you are able to visit her during that time as well then you can spend even less time apart. You can read my review of the consulate interview on my timeline. It was pretty straightforward and simple for us. Good luck! I would be happy to answer any of your questions. We did the process all ourselves.

Hi, thanks for the info. It's not a problem for her to travel to Rio, but it sure is nice to know that in advance so she can plan for it. It is good to hear that things are going quickly now, and good to hear that it went well for you. She is very nervous right now. I remember she was the same way the first time she came here. And then the last time, immigration ask her a lot of questions and now that has got her more nervous than ever. Since your posting name is menina, I am assuming que você é uma brasileira e seu namorado, ou marido, é um Americano vivendo no Estados Unidos? Sorry if my spelling or grammar was bad there, I am learning, but have a lot more to learn. Anyways, if you are Brasilian, would it be ok if I have my financee ask you some questions using my account here?

Obrigado

[Fandango 1,440]

Hi, thanks for the reply. She is here now, but she has to go back Sept. 1 to avoid over-staying her visa. We thought about getting married now and starting down the CR-1 path. I am glad you just told me if we did that she would have to stay until it is complete. That unfortunately is not an option. She has 2 weddings to attend to in Brazil, both her youngest daughter and her son are getting married. So, maybe the K-1 path is best for us since she needs to stay in Brasil for several months now anyways. I sure hope so. What do you think? Would there be a problem with her returning here on her tourist visa for a short visit while we are waiting? We don't want to do anything to put our plans into jeopardy. If waiting a little longer is less risky, we will just have to wait.

That's the point...that particular overstay would be forgiven because she'd be AOSing due to a marriage to a USC. But if it's not feasible due to other factors, this option isn't for you.

Edited August 24, 2010 by Happy Bunny

[Journeyer 17]

Yep, I knew someone would come to confirm my post. I went through this in 2006 and wasn't sure if things might have changed or not.

Yeah, me too, it is nice to know that in advance so that we aren't taken by surprise. Thanks again for bringing that up.

[Journeyer 17]

That's the point...that particular overstay would be forgiven because she'd be AOSing due to a marriage to a USC. But if it's not feasible due to other factors, this option isn't for you.

Right, it's just unfortunate that it's not an option because she has to be in Brazil in October for her daughter's wedding. I wish it were an option, I hate the thought of being without her for 5 months, or however long it takes. I don't think we have been apart for more than 3-4 months at a time since we met. The last time was 2 months and seemed like forever.

[Ladylethal 12]

Hi, thanks for the info. It's not a problem for her to travel to Rio, but it sure is nice to know that in advance so she can plan for it. It is good to hear that things are going quickly now, and good to hear that it went well for you. She is very nervous right now. I remember she was the same way the first time she came here. And then the last time, immigration ask her a lot of questions and now that has got her more nervous than ever. Since your posting name is menina, I am assuming que você é uma brasileira e seu namorado, ou marido, é um Americano vivendo no Estados Unidos? Sorry if my spelling or grammar was bad there, I am learning, but have a lot more to learn. Anyways, if you are Brasilian, would it be ok if I have my financee ask you some questions using my account here?

Obrigado

I know you didn't ask me but if your fianceé is nervous and would like some input from us Brazilian fianceés (or former) that went through the process tell her to post in the Brasileiritchas topic, in the Latin American forums, it's towards the bottom of the list of forums here and over there Portuguese is allowed and there are several of us who have gone through the process that can answer her questions.

I'm also the Brazilian here and although I went through the K1 in 2006 not a lot has changed and if your fianceé would like to PM me, feel free to do so.

[menina 50]

Hi, thanks for the info. It's not a problem for her to travel to Rio, but it sure is nice to know that in advance so she can plan for it. It is good to hear that things are going quickly now, and good to hear that it went well for you. She is very nervous right now. I remember she was the same way the first time she came here. And then the last time, immigration ask her a lot of questions and now that has got her more nervous than ever. Since your posting name is menina, I am assuming que você é uma brasileira e seu namorado, ou marido, é um Americano vivendo no Estados Unidos? Sorry if my spelling or grammar was bad there, I am learning, but have a lot more to learn. Anyways, if you are Brasilian, would it be ok if I have my financee ask you some questions using my account here?

Obrigado

HI! Your portuguese is very good. Actually I am the American wife, and my husband is from Brasil, but I speak fluent portuguese. I would be happy to answer any questions your wife has. If she would like to ask them in portuguese, it would be better if she sent me a private message because the moderators on here prefer that we stick to English in the forums so that everyone can read them. Just click on my name and choose "send a message" or something like that. If your fiance has questions that are specific to the interview, and I don't know the answers, I will ask my husband. I can certainly understand her apprehensions. This process is enough to break the strongest of us, but you will get through it and will appreciate each other even more because of all you had to do to be together. Look forward to hearing from you and/or your fiance.

[Journeyer 17]

I know you didn't ask me but if your fianceé is nervous and would like some input from us Brazilian fianceés (or former) that went through the process tell her to post in the Brasileiritchas topic, in the Latin American forums, it's towards the bottom of the list of forums here and over there Portuguese is allowed and there are several of us who have gone through the process that can answer her questions.

I'm also the Brazilian here and although I went through the K1 in 2006 not a lot has changed and if your fianceé would like to PM me, feel free to do so.

You know, it is strange, but I did not notice that big Brasilian flag right under your avatar. I only noticed the bad mr., or misses, kitty avatar, lol. Oh well, I am just a guy you know and we all have selective seeing and hearing and all of that. Thanks!, I will tell her. My apologies for not noticing you are uma Brasileira, . I guess the name menina just kind of gave it away for menina,

[Journeyer 17]

HI! Your portuguese is very good. Actually I am the American wife, and my husband is from Brasil, but I speak fluent portuguese. I would be happy to answer any questions your wife has. If she would like to ask them in portuguese, it would be better if she sent me a private message because the moderators on here prefer that we stick to English in the forums so that everyone can read them. Just click on my name and choose "send a message" or something like that. If your fiance has questions that are specific to the interview, and I don't know the answers, I will ask my husband. I can certainly understand her apprehensions. This process is enough to break the strongest of us, but you will get through it and will appreciate each other even more because of all you had to do to be together. Look forward to hearing from you and/or your fiance.

Oh, ok, I was only a little mixed up here. I will let her know and much appreciate the offer. Ladylethal, who I failed to recognize as a Brasilian at first, also advised that she could post on the Latin American forum in a Brasilian topic. My fiancee is more comfortable with Portuguese still, so I will tell her to PM you if she has any questions. Thanks again!

[Ladylethal 12]

You know, it is strange, but I did not notice that big Brasilian flag right under your avatar. I only noticed the bad mr., or misses, kitty avatar, lol. Oh well, I am just a guy you know and we all have selective seeing and hearing and all of that. Thanks!, I will tell her. My apologies for not noticing you are uma Brasileira, . I guess the name menina just kind of gave it away for menina,

I'll take that as a compliment on my English. And then again, I could have been the American side of the relationship.

Menina is always very helpful on the forums and has gone through this more recently than I have so PMing her should indeed be helpful for your wife. And of course, on the regional forums the native languages are allowed, and we're represented there as well.

[K and L 27]

Ok, thanks for the direction. I'll see what I can find out about the consulate in Brasil. They have sort of a notoriety there for being slow(the government in general), but it seems like it did not take long for her when she applied for her tourist visa.

The Brazilian consulate's fairly fast. Our petition was approved 15 Jan 10, arrived in Brazil 1 Feb, and we had our date (originally 25 March) less than two weeks later. They're willing to work with you, within the validity period of the petition (4 months after being approved, so for us, before 15 May 10) and will occasionally grant an extension. They presently don't require the packet 3 that you'll see others talk about, so processing time to get to the interview is shorter, but the processing time AT the interview can be longer, as they spend some quality time reviewing your documents first.

Unlike what Dan advised, the Brazilian consulate DOES encourage couples to attend the interview together. Only two of the individuals who interviewed a K1 didn't have their partners attend, and one of them was denied (and was the only denial - we were the last K1 to be interviewed, the remaining were K3/CR1).

If your fiancee is a lawyer, she's probably detail oriented enough to read the instructions and follow them. The paperwork is not that hard, even with the divorces (just make sure you have apostilled versions of the paperwork). Not visiting Brazil isn't a problem as long as she's been to the US or you've been to a mutual third country (and since she visits you regular, not a problem)... the regular use of a tourist visa also won't be a problem - there are some that live close to the border of Mexico or Canada that are engaged to people not far away that do the same. Her being older also is NOT a problem with Rio (I'm 10 years older than my husband L). She WILL go to Rio for the consular interview, as the K1s are interviewed with the immigrant visa wing, which is in Rio..

HOWEVER: being from Recife, she doesn't need to do her medical in Rio. She can do it in Recife at her leisure, as there are 3 or 4 civil surgeons in Recife.

Do be advised that foreigners marrying a Brazilian in Brazil can take some quality time. Luckily, your fiancee lives in Recife, where there's a consulate that can take care of your consular needs... but there's a 30 day waiting period and the license is only good for 4 months, so you will probably need two trips to Brazil to take care of it there, or just do it in the US with no problems.

And your fiancee is also welcome to PM me. I'm decently fluent in written Portuguese (though much better at reading than writing; my husband can check my Portuguese before we respond)

[KBcrand1 1]

@Happy Bunny - That is true, technically you can get married and apply for AOS now, since there was no intent when she entered the US on the tourist visa, you'll have to prove that on your AOS though, if I'm not mistaken.

@Journeyer - Your case is indeed pretty simple and similar to many here. About her visits, if she had the visa, had no problems getting through immigration on each visa, and never overstayed, I don't see why they'd give her a hard time about it, since she was using the visa as intended. She will be asked about how you two communicate, but if she speaks English (and you some Portuguese), that's just fine. The age gap should be no issue at all, we have a lot of couples here with bigger age gaps. And somebody from Brasil correct me if I am wrong but the K1 visa is only processed in Rio so she'd have to fly there from Recife to be interviewed.

you are correct Ladylethal, all K1, K3, IR1 and CR1's are interviewed in Rio.

providing the petition began here, which I am assuming will be the case since the petitioner will not be visiting Brazil soon.

Edited August 24, 2010 by KBcrand1

[felipe&meg 0]

We did a visit during the K-1 process, and we found this thread to be pretty helpful: http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/ I think the key is knowing how to answer questions at the POE and being prepared to demonstrate with documentation that you plan to return.

For what it's worth, my fiance didn't have much trouble visiting at all. He needed to get his tourist visa renewed, but the consulate was very laid back about it and didn't even bother to interview him. At his POE the officer was a little suspicious when he said he was here to see his fiance, but as soon as he mentioned the K-1 the guy let him through. In our case at least, it didn't seem that ties were so important (they didn't ask to see any paperwork at either the consulate or the POE) as was my fiance's track record of never overstaying a visa (he had been to the US several times previously on both tourist and student visas) and us demonstrating that we were doing the process the right way by applying for a K-1.

I can sympathize with your fiancee's nervousness, as I was pretty nervous about our visit, and of course bad luck with a cranky immigration officer is always a possibility. But considering that she already has her tourist visa, has solid ties to Brazil, and has always returned, I think it's worth a try.

You can add us to the list of people who would be happy to provide feedback on the process--I know my fiance would be happy to answer questions. Good luck!

[KBcrand1 1]

Do be advised that foreigners marrying a Brazilian in Brazil can take some quality time. Luckily, your fiancee lives in Recife, where there's a consulate that can take care of your consular needs... but there's a 30 day waiting period and the license is only good for 4 months, so you will probably need two trips to Brazil to take care of it there, or just do it in the US with no problems.

If you choose to get married in Brazil, you really just need to have your original papers certified at a brazilian embassy here in the states. It does take about a month or more to do. Those papers when certified you take with you to Brazil. They then have to be translated, then you can legally marry in Brazil. It is a hair pulling project to say the least, ( I chose this option ), my wife wanted to be married where her family could attend the ceremony. I was actually in Brazil, when the papers arrived at my home, I needed to have them Express'd out to me so that we could get married. If you choose this option..... Plan Plan Plan, and leave some extra time for goverment efficiency, or should I say inefficiency?