CR-1, we live in Brazil, am I a sponsor?

[Ryan H 3,812]

Wow, this is some really hard hitting news... very sad! we were confident we would be able to move together... Do you think that during this 9-12 month period she could stay in the states as a tourist? She already has a tourist visa... Do you think she could live there for a few months then return for the interview and for the CR-1 Visa?

No

[NikLR 13,227]

Wow, this is some really hard hitting news... very sad! we were confident we would be able to move together... Do you think that during this 9-12 month period she could stay in the states as a tourist? She already has a tourist visa... Do you think she could live there for a few months then return for the interview and for the CR-1 Visa?

She can visit.

Also because you're filing from abroad, which I totally recommend btw, you may get the unofficial auto expedite from California. People who file from abroad traditionally only wait 1-2 months on their I-130 instead of 4-8.

[JohnR! 5,495]

She can enter the US and visit for the period allowed by the CBP upon arrival, which is rarely superior to 6 months. In any case, there is a lot of paperwork she will need to present at the consulate for her greencard interview which will require that she be in Brazil. She wouldn't be able to stay in the US during the entire process anyway even if she were allowed to.

In the big scheme of things, being apart for a few months is really far less worse than it seems.

Wow, this is some really hard hitting news... very sad! we were confident we would be able to move together... Do you think that during this 9-12 month period she could stay in the states as a tourist? She already has a tourist visa... Do you think she could live there for a few months then return for the interview and for the CR-1 Visa?

[Groogrux108 14]

She can enter the US and visit for the period allowed by the CBP upon arrival, which is rarely superior to 6 months. In any case, there is a lot of paperwork she will need to present at the consulate for her greencard interview which will require that she be in Brazil. She wouldn't be able to stay in the US during the entire process anyway even if she were allowed to.

In the big scheme of things, being apart for a few months is really far less worse than it seems.

I sent a question regarding "proof of intent to domicile" to US embassy in Brazil and am waiting for a response as to the true need of me moving to the US before her CR-1 Visa is approved.

In case I indeed have to move to the US beforehand, could she come with me on her B2 visa two weeks before I send out the I-130, and stay for a few months (who knows, maybe the full 6 months) We could pick, furnish and decorate an apartment and get a lot of stuff done together... This would cut down significantly the time we would have to be apart.. I know at some point she would have to return anyway for the interview and all, but then it would be for a considerably smaller period.

I assume if I apply the I-130 while still in Brazil she would have to report that she has a CR-1 visa application and this could increase scrutiny by the border officer.

Would my plan work and most importantly is it legal? She would return and she wouldn't study or work during that period.

[JohnR! 5,495]

If you're intent on moving, send out the I-130 immediately. There's no reason to wait. She can enter the US and visit even as her process is underway. Whether the I-130 is filed won't affect her travels in any way. All she needs do is answer any questions truthfully at the POE. Spouses come in and visit all the time - she won't be doing anything out of the ordinary.

What you suggest is completely legal and it will help you guys navigate the process by putting together your new home.

I sent a question regarding "proof of intent to domicile" to US embassy in Brazil and am waiting for a response as to the true need of me moving to the US before her CR-1 Visa is approved.

In case I indeed have to move to the US beforehand, could she come with me on her B2 visa two weeks before I send out the I-130, and stay for a few months (who knows, maybe the full 6 months) We could pick, furnish and decorate an apartment and get a lot of stuff done together... This would cut down significantly the time we would have to be apart.. I know at some point she would have to return anyway for the interview and all, but then it would be for a considerably smaller period.

I assume if I apply the I-130 while still in Brazil she would have to report that she has a CR-1 visa application and this could increase scrutiny by the border officer.

Would my plan work and most importantly is it legal? She would return and she wouldn't study or work during that period.

[gerarldsvv 1]

I will tell you my story,

I live in El Salvador and I filed the I-130 for my wife on june 15th, 2015, today is august 26th 2015 and I already sent packet 3 just waiting for her medical exams and interview,(Only two months have past and she almost has her interview, that is fast) My mother will be my joint sponsor because I do not have a job in the states, I also specified at the beginning of my process in the I-130 that she was going to live at my parents house. Hope this helps.

[Groogrux108 14]

Wow, that's unbelievable! Happy for you!

Have you ever lived in the US as an adult?

Unfortunately both my parents live in Brazil (my dad is american and I get my citizenship from him) but I also was born here.

I will tell you my story,

I live in El Salvador and I filed the I-130 for my wife on june 15th, 2015, today is august 26th 2015 and I already sent packet 3 just waiting for her medical exams and interview,(Only two months have past and she almost has her interview, that is fast) My mother will be my joint sponsor because I do not have a job in the states, I also specified at the beginning of my process in the I-130 that she was going to live at my parents house. Hope this helps.

[gerarldsvv 1]

Wow, that's unbelievable! Happy for you!

Have you ever lived in the US as an adult?

Unfortunately both my parents live in Brazil (my dad is american and I get my citizenship from him) but I also was born here.

I moved to the US when I was 17 then I came back to El Salvador because of my girlfriend (now my wife), that is why I can use my mother as a joint affidavit and live with them for a while. I am actually applying for jobs in the US. Sometime employers do interview via skype. You should try. Hope everything goes well.