After USA Wedding - how soon can she depart?

[Chrys and Dave 1]

Chrys lives in Brazil

[JohnR! 5,495]

Chrys lives in Brazil

If you end up getting married and she heads back home, make sure that while she is there and you're here - if you're not planning to live in Brazil - you do keep in constant contact and visit as often as possible and $$ feasible, as evidence that your marriage is bona fide.

With a good job - as the one she is about to get sounds - and income she should not have a problem getting a visa. The reason many get denied is because the presumption is that they are potential immigrants. In her situation, she would have every reason to stay after the wedding, so that and the job might make it easier for her to get a tourist visa, until her CR/IR comes through.

On a different subject, check the requirements for you, if you change your mind and decide to marry her in Brazil instead.

[Cesar & Cata 35]

Hello VJ Friends,

We are days away from filing our I-129. An interesting twist has been brought into the mix and I do not know the answer.

My fiance has been offered a government position in her country which is truly incredible. The position she has worked and studied for many, many years. Notwithstanding the twist of the timing of moving to the USA but more so on the immediate future.

We are guesstimating the K-1 will be complete with Visa in January-February 2013 time frame. She starts her new position January 2013. We are aware that upon receiving the K-1 she has 180 days to come to the USA then an additional 90 days to get married. The question is how soon can she return to her country after the wedding to meet her new job requirements? In other words, because of her new position she will not be able to stay long. We do not know what time she will have away from work.

After the wedding what has to take place in order for her to come to and from the USA without delay? And how quickly can this be received?

Thank you VJ friends.

Dave

This sounds like she will not be able to maintaine her LPR status, like everyone has said it will be around 3 months after you get married , if you file everything ASAP. I would suggest once you get your NOA2/Approval for K1 and appointment to go to the interview you should try and get an extension (usally max of 1 year) then go to the interview, then you have 6 months.

But this would mean she has to stay abroad with her new job.

[Xanax 349]

It appears there is no reason to file for a visa now as you won't be using it within the appropriate time frame.

When your fiancee is looking to move (10-12 months before) then look at your visa options.

[Mogambi 96]

I believe you don't abandoned your LPR after just 6 months, I believe it is a year. The 6 month date is that they recommend anyone with a GC that will be gone longer than 6 months let the government know, to be safe from any problems.

But I believe the 1 year mark being out of the country is that point at which you have abandoned LPR.

[Que Saudade 284]

Sorry, edited my post as you guys have not filed I-129 yet.

I agree that you should determine exactly what she will do. If she wants to accept that position, an immigration Visa right now is not for you guys.

However, you can get married there and once you are married to a Brazilian, you can file for a permanent visa as a spouse, then you are free to visit as much as you want to.

We are filing our marriage with the Brazilian Consulate as I type so that I can apply for my permanent visa to Brazil.

Then, should she ever want to come and live here, you can then go the CR1 route.

Edited August 7, 2012 by Que Saudade

[Justine+David 218]

Does Brasil do DCF? Then the OP could move to Brasil to be with her and then direct file from there (much quicker).

[Que Saudade 284]

Yes to the DCF question. Here is a link with a member who shares their experience.

Link here

[Julie y Pat 67]

This sounds like a situation where a K3 visa would be the best choice if you married first in Brazil, but unfortunately these are not really available any more. If I remember correctly, the K3 was a multi-entry visa for two years before AOS was required.

[Que Saudade 284]

This sounds like a situation where a K3 visa would be the best choice if you married first in Brazil, but unfortunately these are not really available any more. If I remember correctly, the K3 was a multi-entry visa for two years before AOS was required.

K3 is essentially dead

[Julie y Pat 67]

"essentially dead" and "not really available anymore" kind of mean the same thing, don't they. thanks for pointing that out

[Que Saudade 284]

"essentially dead" and "not really available anymore" kind of mean the same thing, don't they. thanks for pointing that out

Yes, sorry.....

[LSnBigBear 61]

To be safe marry ASAP when she arrives. File your AOS and wait it out. Timelines have been about 6 months for AOS' so she would need to stay in the USA for the duration of her processing. Once she has her AOS, green card etc she can go back to the RP and return with no issues. All that stops is her timeline towards citizenship if she wants to be a citizen down the road. My friends' wife is in the RP now and is returning in a month as she did the same thing. Got her AOS and returned to take care of some personal items. She has been out of the country since late March and will return 9/5 I will post if she has any issues getting back in. They checked prior and all seems okay for her to come and go.

Good luck

[NY_BX 397]

Do NOT file K-1.

Marry.

File spouse visa.

[Que Saudade 284]

To be safe marry ASAP when she arrives. File your AOS and wait it out. Timelines have been about 6 months for AOS' so she would need to stay in the USA for the duration of her processing. Once she has her AOS, green card etc she can go back to the RP and return with no issues. All that stops is her timeline towards citizenship if she wants to be a citizen down the road. My friends' wife is in the RP now and is returning in a month as she did the same thing. Got her AOS and returned to take care of some personal items. She has been out of the country since late March and will return 9/5 I will post if she has any issues getting back in. They checked prior and all seems okay for her to come and go.

Good luck

It is different. His fiance wants to go back to Brazil to work full time in a government position after marriage. She will not be able to fulfill the time in US criteria. She would lose her eligibility. They would have to re-file at a later date.

They definitely are going to have to evaluate what their particular situation warrants regarding whether she wants to stay, or whether she wants to go back to Brazil and work. If indeed she wants to go back to work in Brazil full time, then an immigrant visa (K1 or CR1) at this point in time is not prudent. It would be a waste of money.

It all depends on their decision together as a couple.

Edited August 8, 2012 by Que Saudade