I've been researching a bit and it just seems too easy.

[imprezaowner27 8]

I have dual citizenship, (brazil and USA), my fiancé is in Brasil right now and i was going to file the fiance visa etc but it just seems so much easier to move in with her in brazil for 7 months (just to cover my bases) and then DCF, wait the 4-5 or however long it takes to get the visa, and then move back with her, instead of filing the K1 or K3 even and waiting the year essentially it takes for the visa, while living far away from her.

Is there something I'm missing here? Are they generally tougher on DCF filers than outside filers? I have enough money saved up to pay for a years worth of bills, as well as a job in brazil waiting for me, so it wouldn't be a huge hassle, just want to make sure this is the right step before moving over.

Thanks in advanced.

[christeen 966]

No, if you can live there and file DCF, it is pretty straight forward and takes 3-4 months (after you establish 6 months of legal residency in the country)... Good luck

[imprezaowner27 8]

No, if you can live there and file DCF, it is pretty straight forward and takes 3-4 months (after you establish 6 months of legal residency in the country)... Good luck

Thanks for the quick reply.

[Merrytooth 5,748]

You have to provide proof of domicile in US when filing DCF, something that you should consider in your plan.

To prove, establish or reestablish domicile, a sponsor must set up a principal residence in the United States. This would entail obtaining a residence (house or apartment) and taking up physical residence. There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.

“Intent to Domicile” for U.S. Citizens Returning from Overseas

A convincing combination of the following types of action might be considered as an indication of a U.S. citizen’s “intent to domicile” in the U.S.:

1. Establishing an address in the United States
2. Setting up and maintaining bank accounts in the United States
3. Transferring funds to the United States
4. Making and maintaining investments in the United States
5. Seeking employment in the United States
6. Applying for a social security number
7. Voting in U.S. local, state, or federal elections
8. Enrolling children in U.S. schools
9. Paying U.S. income taxes
10. Taking steps to relinquish residency in a foreign country

*The domiciliary requirement applies to the petitioner, sponsor and joint sponsor(s)

Domicile is a complex issue and is determined on a case-by-case basis. The burden of proving domicile lies with the U.S. citizen sponsor, who must offer evidence sufficient for the adjudicating officer to make a finding. A finding regarding domicile is an evidentiary question that will be unique to each applicant, and it is within the delegated authority of the consular or USCIS officer to make such a determination at his or her professional discretion.

[imprezaowner27 8]

You have to provide proof of domicile in US when filing DCF, something that you should consider in your plan.

To prove, establish or reestablish domicile, a sponsor must set up a principal residence in the United States. This would entail obtaining a residence (house or apartment) and taking up physical residence. There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.

“Intent to Domicile” for U.S. Citizens Returning from Overseas

A convincing combination of the following types of action might be considered as an indication of a U.S. citizen’s “intent to domicile” in the U.S.:

1. Establishing an address in the United States
2. Setting up and maintaining bank accounts in the United States
3. Transferring funds to the United States
4. Making and maintaining investments in the United States
5. Seeking employment in the United States
6. Applying for a social security number
7. Voting in U.S. local, state, or federal elections
8. Enrolling children in U.S. schools
9. Paying U.S. income taxes
10. Taking steps to relinquish residency in a foreign country

*The domiciliary requirement applies to the petitioner, sponsor and joint sponsor(s)

Domicile is a complex issue and is determined on a case-by-case basis. The burden of proving domicile lies with the U.S. citizen sponsor, who must offer evidence sufficient for the adjudicating officer to make a finding. A finding regarding domicile is an evidentiary question that will be unique to each applicant, and it is within the delegated authority of the consular or USCIS officer to make such a determination at his or her professional discretion.

My parents still live in the USA, so I could say I'm moving in with them for the address (temporarily), OR I could rent an apartment abroad sure.

I have an open bank account and it would remain open while I'm abroad

I would definitely seek employment before returning, not sure how I would prove that to the consulate?

I have a social security number already

Would that work?

[Hypnos 6,576]

1) There is no DCF in Brazil.

2) There is no DCF for a K-1.

[Merrytooth 5,748]

You could provide documents like these:

1. letter of US employment offer
2. signed lease from a landlord on a property in the USA or letter from your parents stating that both of you would be living in the U.S. with them after your wife received her visa.

3. valid US driver's license

4. Most recent US Bank Statements

5. Most current Tax Return

6. US cell phone bills

7. Other US bils

[imprezaowner27 8]

1) There is no DCF in Brazil.

2) There is no DCF for a K-1.

For number 2 i know, i would get married first. For number 1, really? i asked her to call the two consulates to ask, she is going to call tomorrow but good to know.

You could provide documents like these:

1. letter of US employment offer

2. signed lease from a landlord on a property in the USA or letter from your parents stating that both of you would be living in the U.S. with them after your wife received her visa.

3. valid US driver's license

4. Most recent US Bank Statements

5. Most current Tax Return

6. US cell phone bills

7. Other US bils

Yeah I can do all of those thanks

[Dan from MI 23]

I have dual citizenship, (brazil and USA), my fiancé is in Brasil right now and i was going to file the fiance visa etc but it just seems so much easier to move in with her in brazil for 7 months (just to cover my bases) and then DCF, wait the 4-5 or however long it takes to get the visa, and then move back with her, instead of filing the K1 or K3 even and waiting the year essentially it takes for the visa, while living far away from her.

Is there something I'm missing here? Are they generally tougher on DCF filers than outside filers? I have enough money saved up to pay for a years worth of bills, as well as a job in brazil waiting for me, so it wouldn't be a huge hassle, just want to make sure this is the right step before moving over.

Thanks in advanced.

Sorry that nobody told you by now--. DCF in Brazil is not possible anymore and have not been possible for a few years now.

I thought of the same thing before I went the CR-1 route instead.

So if you want her in US as fast as possible. K1 is currently quicker... MUCH quicker. K1 currently fastest to be "husband and wife" in same house.

However you were talking about moving to Brazil for 11 to 12 months- (You said "7 months to cover your bases and 4-5 months for DCF). CR-1 takes roughly a year..give or take few months.... so that route is cheaper and your wife would be free to travel back and forth without having to file addtional paperwork and can work almost right away. Living together for months increases your chance of approval at the consulate greatly.

[Hypnos 6,576]

Only the following countries can file DCF: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[Dan from MI 23]

For number 2 i know, i would get married first. For number 1, really? i asked her to call the two consulates to ask, she is going to call tomorrow but good to know.

Yeah I can do all of those thanks

For number 1... Yes, really. It seems that there are less countries today that still have DCF which is stupid if you asked me... that would clear some of the backlogs if they can separate the DCF filers. .

[christeen 966]

Good catch... I thought brazil had DCF... Sorry.. So I guess the answer is, no, it is not that easy :-(

[imprezaowner27 8]

I wonder if i can file the CR-1, and still live abroad, the problem I would have is proving income, I am about to file my 2013 tax return but i would be abroad for a good amount of time in 2014

I wonder if i can file the CR-1 or even the fiancé option , and still live abroad, the problem I would have is proving income, I am about to file my 2013 tax return but i would be abroad for a good amount of time in 2014

Edited January 6, 2014 by imprezaowner27

[lost_at_sea 995]

Brazil provides the following information to those wishing to obtain immigrant visas: http://brazil.usembassy.gov/reconsiderations.html

[JRF 117]

For number 1... Yes, really. It seems that there are less countries today that still have DCF which is stupid if you asked me... that would clear some of the backlogs if they can separate the DCF filers. .

It would clean out some of the backlog but the % impact likely to be immaterial. Weighing this against the cost of establishing the physical footprint (and related security, personnel, etc.) costs makes clearing out the backlog in the service centers (along with related legislative relief) far more efficient.

Best of luck to you!