Married last December in Boston, spouse went back to Brasil

[spouse_visa 1]

I am an american citizen, divorced, and so was my girlfriend.

We have been seeing each other for about two years. Either I would go to Brazil, and stay there for a couple of weeks, or she would come to the US on a turist visa and stay for a couple of months.

Last December 2011, after she was here for about 4 months, I asked her to marry me, before she left back home. We got married on a small cerimony here in Boston, and she went back to Brazil a couple of weeks later.

Now, my understanding is that I need to file forms

1. I-130

2. G-1145 (optional)

3. I-129F

4. G-325a

I also understand that she needs to stay home until the process is finished. When she went back home, talking to an immigration lawyer on the plane ride back, she was told that by filling form I-131 prior to filling I-130, she might be granted the ability to come and visit while the process goes on. However, later, when she told the lady that she was not coming back to the states, so, a AOS was not needed, she told her that her case would be a different story then.

So, my question here is, we are not looking for a AOS, but actually, she will be there waiting for the process to go through. I will visit her every month, but it would be great if this I-131 would apply, and she could visit me as well.

Since we married here, and she left, does the K-3 visa process still applies ?

Thanks for any help,

Spouse_visa

[Inky 1,111]

There is absolutely no reason what so ever to file an I-129F. Please read the guides.

It clearly states what forms and information you need. You will not be applying for a K-3 you will be petitioning for a CR-1.

http://www.visajourney.com/content/i130guide1

[pushbrk 13,036]

There is absolutely no reason what so ever to file an I-129F. Please read the guides.

It clearly states what forms and information you need. You will not be applying for a K-3 you will be petitioning for a CR-1.

http://www.visajourn...tent/i130guide1

That is correct. As to the second major misunderstanding, there is no reason she can't continue to visit using the visa she already has. Just keep her visits within the terms of the visa and continue to use truthful generic answers when asked the purpose of her visit.

[Darnell 8,479]

Ya, the immigration attorney was confusing her, talking about AOS process and the Immigrant Visa Process at the same time. Some of the forms are the same, AOS requires more.

HOWEVER. I strongly suggest to you that you read a bit more, spouse+visa here at VJ - we've a Wiki section and a GUIDES Section - you wish to chase after a CR-1 Spousal Visa for yer Wife, not any 'Adjustment of Status (AOS)' for yer wife.

A K-3 visa most likely will not be attainable for her.

You should read these links, from a PC (not a handphone)

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

--

Push is right, re: her visiting with you.

[ntslive 0]

That is correct. As to the second major misunderstanding, there is no reason she can't continue to visit using the visa she already has. Just keep her visits within the terms of the visa and continue to use truthful generic answers when asked the purpose of her visit.

So you mean if i still have a valid tourist visa, i can visit the US while my process is going on? Even if i say that i´ll be visiting my husband to the immigration? Or, what i suppose to tell them then? If it´s true, im buying my ticket tomorrow!hehe

[pushbrk 13,036]

So you mean if i still have a valid tourist visa, i can visit the US while my process is going on? Even if i say that i´ll be visiting my husband to the immigration? Or, what i suppose to tell them then? If it´s true, im buying my ticket tomorrow!hehe

I would suggest a more generic truthful answer, like "on holiday" or something similar. Lot's of discussion on the topic of visiting during the process. I suggest you do some reading.

[spouse_visa 1]

thanks for the info everyone. I will step up my research ;-)

cheers

[spouse_visa 1]

I guess this should move to the CR-1 discussion as opposed to being here. Not sure how to move it;-)

In any case, when reading the I-130 FAQ, I came accross these two entries, and I got a little confused with WHERE to file the I-130 here !!!!

I want to marry my fiance/fiancee who is here in the US on a visa, can I marry him/her here in the U.S, and if I do, will he/she be sent back to his/her home country until the I-130 is approved??

If your fiance/fiancee is currently in the U.S legally on any type of visa other than the J-1 visa (the J-1 requires a waiver), and you are a U.S citizen, then you CAN marry him/her, and he/she will NOT be sent back to his/her home country unless the marriage took place while the spouse was under deportation or if your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage. (This is considered immigration fraud.)

However, you must immediately file your I-130 along with forms I-485 and I-765. If your fiance/fiancee DID come to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed instead of the I-130 to avoid a denial or deportation.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should be filed with the relative outside of the U.S to avoid deportation or denial. (Better safe than sorry)

My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??

No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal.

SO, my question relates to this entry !!!!

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should be filed with the relative outside of the U.S to avoid deportation or denial. (Better safe than sorry)

My wife came to visit a couple times, I went to Brazil many times in the past two years, and the last time she was here, she stayed for 3 1/2 months, and before she left, I asked her to marry my, last December. So, she went back home, and we are gathering the docs to apply. I am going to Brazil in March to see her, and will get her docs and bring it back and finally apply for the I-130 and follow the CR-1 process. Now, with the text above, does it mean she needs to apply the I-130 in Brazil ? Should I apply in Brazil while visiting her ?

I am a bit confused !!! :-)

Thanks for any help,

[pushbrk 13,036]

I guess this should move to the CR-1 discussion as opposed to being here. Not sure how to move it;-)

My wife came to visit a couple times, I went to Brazil many times in the past two years, and the last time she was here, she stayed for 3 1/2 months, and before she left, I asked her to marry my, last December. So, she went back home, and we are gathering the docs to apply. I am going to Brazil in March to see her, and will get her docs and bring it back and finally apply for the I-130 and follow the CR-1 process. Now, with the text above, does it mean she needs to apply the I-130 in Brazil ? Should I apply in Brazil while visiting her ?

I am a bit confused !!! :-)

Thanks for any help,

The text doesn't say anything like you interpreted. File the I-130 according to the I-130 instructions and the guides here. You are not applying for anything. You are filing a petition. When your petition is approved, your spouse will apply for a visa in Brazil, meaning that's where she'll do the medical and have the visa interview. It's also where the visa will be issued.