Permanent Resident Marrying Brazilian National

[Eli Barbullushi 0]

Hello Everyone,

I am permanent resident living in Los Angeles, CA and am planning to get married with my Brazilian girlfriend with whom we have a daughter, who is a US citizen.

My girlfriend lived in the US from 2000 until Oct of 2004 under an F-1 Visa status. In October of 2003 she got married to a US citizen, which proved to be a wrong decision for her since they filed for an annulment 4 months later. The annulment was never completed and with my help she is finally managing to complete the divorce now.

In 2005 she applied twice in Brazil for a tourist visa to the US and twice was denied. Since then she hasn't applied for any type of visa. I recently found out that for her to get married to me in Brazil, she needs to legalize her divorce here in CA in Brazil. The concerning part is that it takes 2 years in Brazil to legalize an international divorce. I am also aware of the fact that as soon as we marry and I apply for her through the CA service center (I-130) it takes about a year for her to get her green card approved (this time includes 5 months of processing and 7 months of visa processing).

This means that we have to wait about 3 years to live together the three of us and we have been living separately 4 years out of the last 6.

Questions:

1. What would happen if we didn't legalize her American divorce in Brazil? Would the American Embassy in Brazil deny her an immigrant visa because of this?

2. Are there any countries, for example, Mexico or Canada, that would allow us to get married and legalize her American divorce if needed in much less time?

Finally, we have another alternative and that is for her to try and apply for a tourist visa with my daughter so they could visit Disneyland in Orlando. If she gets a visa, then we get married here in the US and I can apply for her ASAP. She is eligible to get remarried in October. What if she gets denied again, then I am not sure if she will ever have the chance to enter the US.

Please, give me any suggestions or any help is welcomed. Thank you.

[Brother Hesekiel 2,236]

In 2005 she applied twice in Brazil for a tourist visa to the US and twice was denied. Since then she hasn't applied for any type of visa. I recently found out that for her to get married to me in Brazil, she needs to legalize her divorce here in CA in Brazil. The concerning part is that it takes 2 years in Brazil to legalize an international divorce. I am also aware of the fact that as soon as we marry and I apply for her through the CA service center (I-130) it takes about a year for her to get her green card approved (this time includes 5 months of processing and 7 months of visa processing).

Finally, we have another alternative and that is for her to try and apply for a tourist visa with my daughter so they could visit Disneyland in Orlando. If she gets a visa, then we get married here in the US and I can apply for her ASAP.

You are mistaken.

As a LPR you can file the I-130 for her once you are married, which takes about 5 months, but afterward the petition will go into a state the bears go when the winter comes: hibernation.

As the spouse of a LPR, her preference category is F2A. If memory serves me (having checked the latest visa bulletin), the waiting time for a visa number to become available is currently about 3 years and 4 months, in addition to the time the I-130 takes. So you're talking another 4 years before she can immigrate to the U.S based on the current conditions..

Even if you were to get married in the U.S. due to fraudulent activity, she is ineligible to adjust status at that time, again, because no immediate visa number is available for her.

[Eli Barbullushi 0]

You are mistaken.

As a LPR you can file the I-130 for her once you are married, which takes about 5 months, but afterward the petition will go into a state the bears go when the winter comes: hibernation.

As the spouse of a LPR, her preference category is F2A. If memory serves me (having checked the latest visa bulletin), the waiting time for a visa number to become available is currently about 3 years and 4 months, in addition to the time the I-130 takes. So you're talking another 4 years before she can immigrate to the U.S based on the current conditions..

Even if you were to get married in the U.S. due to fraudulent activity, she is ineligible to adjust status at that time, again, because no immediate visa number is available for her.

Thank you Sir for the info. All this time I have been thinking the visa processing time wrong. Disaster!