My Situation/questions about cr-1

[wakeupcall 0]

So here's the deal. I'm a usc, planning on getting married to a brazilian girl in brazil in January. then applying for a cr-1 visa for her. I have a few questions..

1. I stayed in brazil for a month visiting her this last july. I know that my tourist visa is only good for 6 months. And since I was there for a month recently I only have 5 months left. Is that correct?

2. From what I've heard if the cr-1 visa gets expedited (since I am planning on living there while I file for it) it takes about 5-6 months right? In your opinions will I be able to stay there for the duration of the visa wait?

3. On this page: My link It says that countries without a USCIS public office (Brazil doesn't have one) must have the I-130 forms sent to the Chicago lockbox. Is that for all of the forms required for the cr-1? Is my regional lockbox not needed for anything then?

Thanks in advance for the advice and responses!!!

[Douglas Custodio 7]

Congratulations on the marriage!

Now the answers:

1) I don't know exactly, but that's what I've been told. You have multiple entries but you can't stay over 6 months in an 12-months period.

2) If you do get auto-expedited you can get everything approved during your legal stay. My wife and I started the process in July 18 and our interview in on November 30, we're planning to leave on December 11, this gives us about 5 months overall. And we had a couple of RFE that could've been avoided.

3) You petition through Chicago Lockbox. Later, when you will have to send the AOS packet and IV packet straight to the NVC. I always used express mail, it takes less than a week to get there.

Good luck on your process!

[N-o-l-a 7,167]

2) There is some indication that people filing from abroad are no longer getting expedited as quickly. It seems to be a mixed bag. I've researched this section for pretty much anyone who filed abroad since the beginning of September and it doesn't seem to be anywhere near as quick as the two/three week approvals that were happening earlier this year.

3) Chicago Lockbox is the place to go. Remember to use your foreign address in the cover letter and on the forms.

[wakeupcall 0]

thanks again for the responses..

Do I need to start mailing anything here in the U.S. before I go down there?

Here's an odd and probably dumb question but on sending the I-130 form, I have to pay the $420 fee which needs to be either a check or money order. Obviously I will want to bring some checks with me down there from my bank account in the states right? Will having my name and u.s. address on the checks mess anything up, since at that time I will living and filing abroad?

[wakeupcall 0]

1) I don't know exactly, but that's what I've been told. You have multiple entries but you can't stay over 6 months in an 12-months period.

2) If you do get auto-expedited you can get everything approved during your legal stay. My wife and I started the process in July 18 and our interview in on November 30, we're planning to leave on December 11, this gives us about 5 months overall. And we had a couple of RFE that could've been avoided.

Awesome! Getting married down there takes about what 25 days to get everything all set up? I understand it varies from cartorio to cartorio..but if it takes one month to get married, I'll only have 4 months left on my visa..Is there some way to get it extended so i can stay for the rest of the time waiting for the cr-1 with her?

[hamigirl710 112]

just because you are in Brazil and send the paperwork from there does not mean you are filing from abroad. You would have to establish residency in your SO's country for them to consider an expedite filing from abroad on your case. Recently since Aug 15th they have changed how they are processing the petitions you can see the link in my signature many hoping for an expedite are not getting one because of these changes. Good luck!

[N-o-l-a 7,167]

just because you are in Brazil and send the paperwork from there does not mean you are filing from abroad. You would have to establish residency in your SO's country for them to consider an expedite filing from abroad on your case. Recently since Aug 15th they have changed how they are processing the petitions you can see the link in my signature many hoping for an expedite are not getting one because of these changes. Good luck!

How would they know, though?

I am actually resident in Denmark under my EU rights and my daughter attends school here (I included a copy of her school registration), but is it something USCIS could check for before expediting?

I've seen a few non-military cases on VJ now where people have been approved in a little over 2 months who filed after that change took place. I don't know if that is a promising sign or just sheer luck. I do know that if I don't have NOA2 before 90 days, I think I'll go wait it out in America.

[pushbrk 12,892]

thanks again for the responses..

Do I need to start mailing anything here in the U.S. before I go down there?

Here's an odd and probably dumb question but on sending the I-130 form, I have to pay the $420 fee which needs to be either a check or money order. Obviously I will want to bring some checks with me down there from my bank account in the states right? Will having my name and u.s. address on the checks mess anything up, since at that time I will living and filing abroad?

You cannot file anything to start a spouse visa process until you have a spouse. You can get prepared but not file.

Your first question asked about your visa to visit Brazil. The visa will have an expiration date and an allowed length of stay for each visit. The expiration date is the last day you can use the visa to enter Brazil. If your visa is for a single entry, you'll need a new one to enter again. If your visa allows multiple entries, you can use it again and stay as long as they allow when you enter. Does your visa indicate it's multiple entry? What's the maximum stay you can be granted?

I'll add also that lately, petitions filed from abroad don't seem to be automatically expedited anymore, at least not consistently.

[wakeupcall 0]

You cannot file anything to start a spouse visa process until you have a spouse. You can get prepared but not file.

Your first question asked about your visa to visit Brazil. The visa will have an expiration date and an allowed length of stay for each visit. The expiration date is the last day you can use the visa to enter Brazil. If your visa is for a single entry, you'll need a new one to enter again. If your visa allows multiple entries, you can use it again and stay as long as they allow when you enter. Does your visa indicate it's multiple entry? What's the maximum stay you can be granted?

I'll add also that lately, petitions filed from abroad don't seem to be automatically expedited anymore, at least not consistently.

The visa is good for 10 years. It's multiple entry for 90 days at a time. up to 180 days per 12 month period. So I'm planning on going for up to that 90 day period then asking for an extension. But since I've already been there for a month this year I'll only have 5 months left on it. Correct? Thanks for the info!

[pushbrk 12,892]

The visa is good for 10 years. It's multiple entry for 90 days at a time. up to 180 days per 12 month period. So I'm planning on going for up to that 90 day period then asking for an extension. But since I've already been there for a month this year I'll only have 5 months left on it. Correct? Thanks for the info!

You have 90 days of visiting granted upon entry and only 90 days unless they grant the extension. They don't have to grant it.

[jlcandrlf 2]

Once you get married you can apply for residency in Brazil and then you can find a job and work while you wait, if you choose.

Make sure that your soon to be wife goes to her cartorio and asks for a list of everything you need to marry a foreigner. She may want to go more than once. I went 3 times and got more information each time.

You will need any divorce certificates that you have and your birth certificate legalized at the Brazilian Consulate in the region that you were born/divorced. I thought I could get around this because the cartorio did not say anything about legalization of documents, but when you go to the Distribuidor they require it.

Good luck!

[wakeupcall 0]

Once you get married you can apply for residency in Brazil and then you can find a job and work while you wait, if you choose.

Make sure that your soon to be wife goes to her cartorio and asks for a list of everything you need to marry a foreigner. She may want to go more than once. I went 3 times and got more information each time.

You will need any divorce certificates that you have and your birth certificate legalized at the Brazilian Consulate in the region that you were born/divorced. I thought I could get around this because the cartorio did not say anything about legalization of documents, but when you go to the Distribuidor they require it.

Good luck!

And if I apply for residency there I can stay and wait there longer?? and also are there certain requirements to be approved for residency there?

[pushbrk 12,892]

And if I apply for residency there I can stay and wait there longer?? and also are there certain requirements to be approved for residency there?

You "apply". The answer to your question above, depends on the decision made regarding your application. Obviously, if your application is approved, you can stay longer.

[Tricia599 2]

You can apply for permanent residency based on your marriage to a brasilian citizen. If I recall correctly, it's just one form, your marriage certificate, full copy of your passport (this may need to be certified at one of the registry offices) and a fee. If you go to the policia federal and extend your 90 tourist visa, they'll be able to give you information on what you need to bring. That way, you are legal and can work on the books (though I would imagine if you're just waiting out the visa, any job you get wouldn't be "fichada" or on the books anyway).

when you turn everything in to the PF, they will give you a provisional visa (unless it's changed, it's just the bottom potion of the form you turn in that they will sign and stamp - a lot like the registry paper you get when you register with the PF since you are staying). It'll have a 2-3 month expiration date that you will need to go back to the PF and renew (they'll just add a new date and sign/stamp again). It's only a hassle if you don't live anywhere close to a PF office (I lived 3 hours away by bus, so that pretty much sucked every couple of months).

Again, chances are if you are just waiting the 6-8 months for the visa, you won't complete the process - it's utterly backlogged like everything else in Brasil. I applied in June and hadn't even had my home visit by the time we left the following July.

Hope this helps.