Confused on few things (Brazilian GF + Soon to be USC)

[Luke14789 0]

Hello guys,

I’ve been around this website and checked out most of the Visa Guides, which have all been immensely helpful. Thank you so much for this great resource, however as you may know, lot of these things are on case-by-case basis, so naturally I have few questions which are puzzling me, and I’m hoping to get some insight here.

I’ve known my Brazilian girlfriend for over a year, I live in the US (currently on Green Card) and next month I will become US Citizen. She is Brazilian, living in Brazil, however she has been visiting me roughly every 3 months.

My girlfriend is currently on F-1 Visa doing a 2-month full time English course here in US, after that she needs to go back. She also has her US travel Visa, which has about 4 months remaining.

Our time is running out, it’s very hard for her to find an employer that will sponsor her. So I started thinking about K-1/CR-1 visas.

This stuff is super confusing, so I had few questions.

1. If we wanted to do the CR-1 route, can we get married here in the US on her travel visa? There seems to be some conflicting information about this on the internet.

2. Does she have to stay in Brazil for the period until she gets the K-1/CR-1 gets granted? Or can she be in US on her travel visa in meanwhile?

3. Is she able to be in the US on either travel visa/F-1 student visa, while K1/CR-1 is being processed?

- Cost aside, we would like to do this as quickly as possible, so she can start her life with me here in the US. I understand the EAD takes about 3 months after the visa has been granted, but the K-1 overall takes less than the CR-1, so which do you guys think would be faster?

Since I’m so new to all this, which visa would you most recommend for our situation ?

Thank you in advance to anyone willing to read my post and answering,

Much appreciated

Lukas

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[aaron2020 11,651]

Hi,

The quickest and cheapest route does not involve a visa. Simply wait until next month after you get your US citizenship and file for her adjustment as your wife. It will take 3 months to get her EAD/AP card and about 6 months for her green card. She must stay in the US until she gets her AP, otherwise she will not be allowed back in without a spousal visa (which takes a year).

Best of luck.

[Luke14789 0]

Hi Aaron2020,

This is unknown to me. Is this different from the CR-1 Spousal route? If so, what is this process called? And is there anywhere I could get more information on this?

Thank you

[JohnandMhay 13]

Hi Aaron2020,

This is unknown to me. Is this different from the CR-1 Spousal route? If so, what is this process called? And is there anywhere I could get more information on this?

Thank you

Its called fraud.

Coming here with the intention of marrying and staying is visa fraud.

Do the CR-1 if married or K-1 if fiancee

[aaron2020 11,651]

Its called fraud.

Coming here with the intention of marrying and staying is visa fraud.

Do the CR-1 if married or K-1 if fiancee

She is already in the US. It's legal for her to adjust as the spouse of a US citizen.

Where is the fraud?

[JohnandMhay 13]

She is already in the US. It's legal for her to adjust as the spouse of a US citizen.

Where is the fraud?

They aren't married now.

She travels "back and forth" to meet him.

They have been a couple for a year, but suddenly because she's here on an F1 and he just happened to get citizenship they stumbled onto marriage (Like they never had intent to marry).......

[aaron2020 11,651]

Hi Aaron2020,

This is unknown to me. Is this different from the CR-1 Spousal route? If so, what is this process called? And is there anywhere I could get more information on this?

Thank you

As a US citizen, you can file to adjust her wife's status.

Read the instructions for Form I-130 and I-485. You will need to file both.

Follow this Guide (ignore the K1-K3 bits): http://www.visajourney.com/content/k1k3aos

Follow this subforum; http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Best of luck.

[aaron2020 11,651]

They aren't married now.

She travels "back and forth" to meet him.

They have been a couple for a year, but suddenly because she's here on an F1 and he just happened to get citizenship they stumbled onto marriage (Like they never had intent to marry).......

She is here now. She can simply get marry and adjust, the law allows it.

Previous trips are judged on the intent on those trips.

What a plan - date someone for several years before getting marry and adjust to live in the US.

Where is it illegal to have the intent to marry?

The intent to immigrate is irrelevant. Suggest you read Matter of Batista and Matter of Cavazos.

Edited May 19, 2015 by aaron2020

[Luke14789 0]

Well, now I am confused even more

She is currently here on F-1, we are NOT married. Therefore she cannot adjust her status to my knowledge

Edited May 19, 2015 by Luke14789

[aaron2020 11,651]

Well, now I am confused even more

She is currently here on F-1, we are NOT married. Therefore she cannot adjust her status to my knowledge

Dude.

Get marry whenever. (Before or after getting your US citizenship.)

Get your US citizenship next month.

File to adjust her status as your wife AFTER you become a USC.

It's legal for a USC to file for a green card for his wife when she is in the US on another visa.

Edited May 19, 2015 by aaron2020

[Luke14789 0]

Gosh, it was never my intention to create this argument guys...

Not for a second did I consider doing anything illegally.. I will do either the K-1 or CR-1 without a doubt, just have to figure out which will be the best according to our situation.

I did have other questions in regards to this in my first post, but I guess this topic is now way off....

[aaron2020 11,651]

Gosh, it was never my intention to create this argument guys...

Not for a second did I consider doing anything illegally.. I will do either the K-1 or CR-1 without a doubt, just have to figure out which will be the best according to our situation.

I did have other questions in regards to this in my first post, but I guess this topic is now way off....

There is an opportunity for her to legally stay after marriage and you getting US citizenship. Don't let ignorant people dissuade you. Look at this subforum for many people with situations similar to you who have successfully gotten green cards; http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[TBoneTX 45,311]

Three participants in this thread have been subjected to administrative action for violating this item in the VisaJourney Terms of Service:

"Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users."

Although this thread will remain closed to further comment, the OP (Luke) is welcome to read and participate in the other forums that were recommended above.

Luke, apologies that you walked into an unexpected firestorm. Most threads here are a lot calmer.

TBoneTX

VJ Moderation

Edited May 19, 2015 by TBoneTX