I-130 Petition

[Jojo92122 1,924]

It is perfectly legal to come on a tourist visa to America and get married. You just have to leave when your tourist visa expires. Just be ready for a denial at POE if you are all entering as a family. If she is able to enter you can get married and fill out paperwork for her to come here but she would have to return to her home country when her tourist visa expires and then do a medical and interview in her home country. Good luck.

I am going to approach this from a practical perspective.

The chances that she will be admitted to the US when she discloses that her children and US citizen husband/fiancee are moving to the US for a job will not be good. It's highly unlikely in my opinion that she would be admitted as a tourist under these circumstances. It's likely that she will be put on the next plane back to Brazil if she is honest. If she lies about having relatives in the US, she could be making a material misrepresentation that could lead to a lifetime ban from the US.

Why go through this??? The risks are definitely not worth it.

In addition, there is no advantage in getting marry in the US if she has to leave and return to Brazil to finish the process. The US citizen and her are already in Brazil. They could simply get marry there and file the I-130 directly with the USCIS office at the US Embassy. If the US citizen moves back to the US, filing directly with the US Embassy will not be permitted. Filing with USCIS in the US would make this a longer journey than filing directly with the US Embassy.

Edited July 27, 2011 by Jojo92122

[skiano 0]

Fraud is being committed if she enters the US on a tourist Visa with the intent to marry you and apply to Adjust Status to LPR. The Tourist Visa is for use only when the intent is to return to their home country.

Marry her tomorrow in a small civil ceremony, then file DCF in the next few days. By returning to establish a household & begin your new job you are making the DCF easier as you will have established domicile in the US and be able to prove you can support her once she lands.

THANK YOU SO MUCH!! We will have our Brazilian marriage certificate AUG 26. I will apply for an I-130 visa as soon as I have my certificate. Is the DCF different than the I-130?

[Andy and Pui 16]

I am going to approach this from a practical perspective.

The chances that she will be admitted to the US when she discloses that her children and US citizen husband/fiancee are moving to the US for a job will not be good. It's highly unlikely in my opinion that she would be admitted as a tourist under these circumstances.

Why go through this??? The risks are definitely not worth it.

In addition, there is no advantage in getting marry in the US if she has to leave and return to Brazil to finish the process. The US citizen and her are already in Brazil. They could simply get marry there and file the I-130 directly with the USCIS office at the US Embassy. If the US citizen moves back to the US, filing directly with the US Embassy will not be permitted. Filing with USCIS in the US would make this a longer journey than filing directly with the US Embassy.

I did say be ready for a denial at POE. The only advantage is if you are allowed to enter on the tourist visa is she would be able to spend some of the time with her family before her authorized stay expires. Then return to the home country and wait out the rest of the process. Like you I think marrying there and filing the I-130 directly with the USCIS office at the US embassy is the best way to go.

[Jojo92122 1,924]

THANK YOU SO MUCH!! We will have our Brazilian marriage certificate AUG 26. I will apply for an I-130 visa as soon as I have my certificate. Is the DCF different than the I-130?

DCF = Direct Consular Filing

With a DCF, you file the I-130 with directly with the US Embassy in Brazil instead of filing with USCIS in the US. The US citizen petitioner must have been a resident of Brazil for at least 6 months to do a DCF. The US Embassy will determine if your wife will be granted an immigration visa.

If you file in the US, it has to go to USCIS (Homeland Dept.), then to the NVC (State Dept.), and then to the US Embassy in Brazil.

By doing a DCF with the US Embassy in Brazil, you do not have to deal with two government agencies who have to physically send your wife's case file around until it reaches Brazil. DCF will speed up the process for your wife.

This may be of help - a DCF in Brazil; http://www.visajourney.com/forums/topic/216953-dcf-in-brazil-details/

http://brazil.usembassy.gov/immigrant-visas.html

U.S. citizens, who have been residents in Brazil for at least the last six months, may make an appointment to file a petition in person at the U.S. Embassy in Brasilia or at one of the U.S. Consulates in Brazil. However, all Immigrant Visa interviews in Brazil are conducted only at the Immigrant Visa Unit in the Consulate in Rio de Janeiro.

Edited July 27, 2011 by Jojo92122

[canadian_wife 1,826]

DCF is your best route, you can leave to go to America while the children can stay with their mother.

Good luck

[skiano 0]

I cannot begin to thank you! You have made this so much easier to understand the path I must take.

I followed your advice. Today 'literally' we filed for a civil marriage. We will only have our marriage certificate August 26.

Is it imperative that we have the certificate in our hands before we can schedule the filing? or can we file the I-130 considering

our "common law" marriage and two sons?

[Jojo92122 1,924]

I cannot begin to thank you! You have made this so much easier to understand the path I must take.

I followed your advice. Today 'literally' we filed for a civil marriage. We will only have our marriage certificate August 26.

Is it imperative that we have the certificate in our hands before we can schedule the filing? or can we file the I-130 considering

our "common law" marriage and two sons?

It can be really hard to provide documents evidencing a common law marriage. I suggest waiting for a legal marriage certificate. Better to be sure than have questions about your marriage delaying the process.

I cannot begin to thank you! You have made this so much easier to understand the path I must take.

I followed your advice. Today 'literally' we filed for a civil marriage. We will only have our marriage certificate August 26.

Is it imperative that we have the certificate in our hands before we can schedule the filing? or can we file the I-130 considering

our "common law" marriage and two sons?

It can be really hard to provide documents evidencing a common law marriage. I suggest waiting for a legal marriage certificate. Better to be sure than have questions about your marriage delaying the process.

[skiano 0]

I did say be ready for a denial at POE. The only advantage is if you are allowed to enter on the tourist visa is she would be able to spend some of the time with her family before her authorized stay expires. Then return to the home country and wait out the rest of the process. Like you I think marrying there and filing the I-130 directly with the USCIS office at the US embassy is the best way to go.

We've been back and forth between Brazil and USA every year since our son's were born. Getting "in" is not the problem. I agree with you 100% that filing directly in Brazil is the way to go. So, considering my wife has her tourist visa, she can go to the US for 3 months, (while we wait for the interview)

and extend it for an additional 3 months, correct? Technically speaking, we could start the process directly with the USCIS office at the embassy

and legally stay in the USA on her tourist visa for up to 180 days... Once filing the I-130, how long does it take for the final interview?

If the interview doesn't happen in 180 days, then she would return to Brazil and wait until the interview.

Is this correct?

[Deputy Purple 1,294]

I cannot begin to thank you! You have made this so much easier to understand the path I must take.

I followed your advice. Today 'literally' we filed for a civil marriage. We will only have our marriage certificate August 26.

Is it imperative that we have the certificate in our hands before we can schedule the filing? or can we file the I-130 considering

our "common law" marriage and two sons?

You need to prove you have a legally binding marriage via official documents so a common law marriage would be difficult to prove.

[Jojo92122 1,924]

We've been back and forth between Brazil and USA every year since our son's were born. Getting "in" is not the problem. I agree with you 100% that filing directly in Brazil is the way to go. So, considering my wife has her tourist visa, she can go to the US for 3 months, (while we wait for the interview)

and extend it for an additional 3 months, correct? Technically speaking, we could start the process directly with the USCIS office at the embassy

and legally stay in the USA on her tourist visa for up to 180 days... Once filing the I-130, how long does it take for the final interview?

If the interview doesn't happen in 180 days, then she would return to Brazil and wait until the interview.

Is this correct?

Don't be so sure that "getting in is not the problem."

Your wife/fiancee's entry into the US on previous trips were under different circumstances. Her husband/fiancee and children were not moving to the US or living in the US. You and the children were living in Brazil, so she could show strong ties to overcome the presumption that all foreign nationals entering the US have the intent to immigrate.

Circumstances have now changed. You and the children are moving to the US. This will be a barrier for her to enter the US on the tourist visa.

Each entry into the US will be evaluated on the circumstances at that time.

A visitor visa does not guarantee entry into the US. A person with a valid visitor visa who has entered the US many times before can be denied entry if circumstances have changed and the person cannot show strong ties to his/her home country.

Edited July 27, 2011 by Jojo92122

[Jojo92122 1,924]

We've been back and forth between Brazil and USA every year since our son's were born. Getting "in" is not the problem. I agree with you 100% that filing directly in Brazil is the way to go. So, considering my wife has her tourist visa, she can go to the US for 3 months, (while we wait for the interview)

and extend it for an additional 3 months, correct? Technically speaking, we could start the process directly with the USCIS office at the embassy

and legally stay in the USA on her tourist visa for up to 180 days... Once filing the I-130, how long does it take for the final interview?

If the interview doesn't happen in 180 days, then she would return to Brazil and wait until the interview.

Is this correct?

If your wife is granted entry into the US on her visitor visa, she can stay as long as she is allowed. She will have to return to Brazil at some point to finish the process.

If you try to adjust her status while she is in the US, you may be asked to prove she did not have the intent to immigrate when she entered. This will be nearly impossible to prove since 1) her children and husband moved to the US for a job, and 2) the I-130 was filed for her prior to her "visit" to the US.

While I don't want to discourage you from trying things your way. I want to let you know what some of the risks are in using the tourist visa so she can spend time in the US with you and the children.

P.S. Have you been filing US tax returns while living in Brazil? It's a requirement for all US citizens to file US tax returns on their worldwide income. Tax returns are required even if all your earnings are outside the US. There will probably be no taxes on the income, but you are still required to file if you make more than the minimum required to file.

In addition, unless you are rich (which most of us aren't because we are looking for free advice here), then you will most likely need a joint sponsor on the I-864 Affidavit of Support for your wife.

Edited July 27, 2011 by Jojo92122

[skiano 0]

Everyone has been so helpful! Thank you again!

Let me ask this another way.

On August 26 we will have our Brazilian Marriage certificate.

We will immediatly go to Sao Paulo to file the I-130. after we file,

We want to visit the USA for the MAX of my wifes tourist visa of 3 months.

(as we have done in the past)

If the visa process / interview is not completed WITHIN THE 3MONTHS, we will come back to Brazil

and wait.

Can you help me understand the protocols after we file the I-130?

What documents will the consulate require? Tax Returns? Earnings?

Can anyone help idenity what are in the "Packets" I've read people talking about?

Can my parents be sponsers on the I-864 ?

ALso, when we apply for the I-130, will my wife need to surrender her passport? (making travel impossible) ?

Or does she keep her passport until the interview?

Thanks again!

[canadian_wife 1,826]

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

You are going to want to review the link above to learn about the process

No, the passport is only given up at the interview

Your 'wife' is going to want to travel to the US with ties to Brazil to make her admittance easier

Good luck