CR-1 beneficiary on a Tourist B2 visa -- Seattle-Vancouver Commute

[teeak 224]

Well, as far as I knew, people filing from abroad were intentionally sent to faster processing centers because they were supposed to be given priority. Kind of like the Philippines story. Maybe I'm wrong.

Hmm, that's quite interesting. I wonder if the petitions filed abroad are sent to CSC automatically. Either way, it depends on the mailing address OP puts on the I-130 form and I'm guessing if he already has a US address then that's what he'll list.

[Boiler 45,538]

There is an unofficial expedite, can not be guaranteed but it happens.

[Adil & Jeanne 296]

Sounds like you are trying to bypass the system and the way this is suppose to work

i know you want to be together / we all did and do

but this may backfire on you

not trying to discourage you but why create what could be a problem for your future?

don't have to answer me / please think about all this as when you are denied entry / if someone considers this strange, it can cause a 10 year ban

i have friends from Brazil / he was going to college here and she was teaching / even had a son born here but he overstayed 2 weeks because of his college semeter and ended up with a 10 year ban

[estoyconestupido 4]

Why dont you try direct consulate filing in Brazil. I think that process is very fast. Maybe she can her green card very soon that route.

[Boiler 45,538]

Sounds like you are trying to bypass the system and the way this is suppose to work

i know you want to be together / we all did and do

but this may backfire on you

not trying to discourage you but why create what could be a problem for your future?

don't have to answer me / please think about all this as when you are denied entry / if someone considers this strange, it can cause a 10 year ban

i have friends from Brazil / he was going to college here and she was teaching / even had a son born here but he overstayed 2 weeks because of his college semeter and ended up with a 10 year ban

A 10 year ban kicks in after a year overstay.

Why dont you try direct consulate filing in Brazil. I think that process is very fast. Maybe she can her green card very soon that route.

I am going to guess you did not read the thread.

[FabtheFab 67]

Regarding DCF, I was looking at the Rio's official embassy website and it's interesting - unfortunately I could only find it in Portuguese:

http://portuguese.brazil.usembassy.gov/pt/petition.html(I hope the link works)

Translating it, they say that in exceptional cases, they can act as an intermediary and file the DCF through the USCIS office in Peru. However, they will only do it if:

© Exceptional Circumstances.

The following are some examples of exceptional circumstances when USCIS will likely authorize DOS to accept and process an I-130 petition:

(1) Military emergencies: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members.

(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.

(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.

(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility.

(5) Cases where the petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.

(6) Cases involving the adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner's legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.

If I were you, I would give them a call and explain your case. I don't know if you would fit any of these exceptions, but at this point, the embassy might be the best way to understand what your options are without doing anything wrong.

[Boiler 45,538]

Standard verbiage.

[Zinaburst 2]

Why would you try such a risky plan if financial means are not the problem? Would that be better that she waits her VISA in Brazil while visiting you in U.S. Multiple times? Instead being by herself in Canada she can wait with family and friends.

Also you can start the CR1 process before you go. You don't need to wait until you are in U.S.

[raven52 233]

This is one of the most interesting posts I have read, I have nothing to add, but it educates our members, and hope you keep us up-dated.

Thank you.

[waitingtofly 0]

Question, is she intend to apply for her IV from the US consular in Canada?

Also if she's in US now why you just apply for her change statues while she's living with you instead she be in Vancouver Canada?

[canadian_wife 1,822]

Question, is she intend to apply for her IV from the US consular in Canada?

Also if she's in US now why you just apply for her change statues while she's living with you instead she be in Vancouver Canada?

I believe that unless she has legal residency in Canada (as in NOT there as simply a tourist) then no. she cannot interview there.

This plan has too many variables for my liking.

good luck

[Adil & Jeanne 296]

he didn't stay here over 10 years / he and his wife were here for only his first 2 years of college

his son was born here in louisana and is now only 8 / they were sent back when the boy was 6 months

maybe the thread says whatever

but he only overstayed 2 weeks and has a 10 year ban

[Ryan H 3,812]

***One post violating the TOS (advocating fraud) removed. Several posts quoting or referencing the removed post also removed. Another post quoting removed content also removed and returned below without the quote.***

he didn't stay here over 10 years / he and his wife were here for only his first 2 years of college
his son was born here in louisana and is now only 8 / they were sent back when the boy was 6 months
maybe the thread says whatever
but he only overstayed 2 weeks and has a 10 year ban

No ban for 2 week overstay, no doubt more involved than you were told.

[Teddy B 17,252]

Sounds like you are trying to bypass the system and the way this is suppose to work

i know you want to be together / we all did and do

but this may backfire on you

not trying to discourage you but why create what could be a problem for your future?

don't have to answer me / please think about all this as when you are denied entry / if someone considers this strange, it can cause a 10 year ban

i have friends from Brazil / he was going to college here and she was teaching / even had a son born here but he overstayed 2 weeks because of his college semeter and ended up with a 10 year ban

The op is not trying to bypass the system. He is trying to work within it the best he can without breaking the rules, there's nothing wrong with that. Based on his plan there is no risk of his girlfriend receiving a ban. The biggest risks they face is her being denied entry and losing the cost of a plane ticket to the US.

On a side note, there is much more to your friends story that received the ten year ban. 2 week overstay does not get anyone a ban.

[Groogrux108 14]

Hey guys, thanks for all the replies, this seem to be a very special case. Let me address some things:

1 - Brazil does not have DCF - Direct Consular Filing.

2 - Although there is an unofficial expedite, I was advised to not file from Brazil, which was my original plan, because I cannot prove "intent to reestablish domicile". Because I have never lived for a reasonable amount of time in the US in my adult life. I was born and raised in Brazil, but my dad, who still lives here in Brazil is American, and therefore, so am I. So, I currently do not have a job in the US, a US bank account, a US residence, or any of those things. That's why I decided to move to the US first, take a few weeks to establish these things and apply from there.

3 - on the return ticket being longer than 6 months, this is not the case. Though for some odd reason they have never checked her return ticket on both of her visits, I trust this is not protocol. It is actually cheaper to buy a round trip to the US in many cases than to buy a one-way flight. So her ticket would show a round trip with a duration shorter than six months. She might actually return to Brazil after 5-6 months if we give up on the Vancouver route, or she doesn't get her Canadian Visa.

4 - Someone asked what she does that allows so much vacation. She currently does not rely on any formal job, and is a party decorator and also makes handmade clothing accessories. We plan on selling at least one of her two pieces of real estate, so we can have enough money to get us settled into a new home, get a car, and guarantee all the flight tickets we need to visit each other whenever we can.

5 - When I get to the US, I realize that I would probably rely on a minimum wage job, so If the Seattle-Vancouver plan is legal and won't hurt our CR-1 process, I would keep whatever job I have to help to pay the bills and visit her every weekend in Vancouver.

6 - Someone brought up that the Canada Border Officials, might frown upon my constant border crossing. If this is the case, we have the option of also hanging out in Vancouver for a few months as tourists (as I keep up my payment in the Seattle apartment and other bills, *dang that sound expensive as hell*)... Or going back to Brazil for a while and wait out another part of the process. You see, If we have enough money saved up, we could go unemployed for a few months in just about any country, as long as I keep my main residence in the US, heck, we might even go backpacking in Europe.

6.1 - "But if you are the sponsor, you have to keep up your yearly income in the US." - There are a couple ways around this: We can use someone as a co-sponsor (e.g.: my uncle), or I could sponsor her based on a total amount of cash in a bank account. (3x poverty line if it's in an american bank account, U$60.000 dollars,,, or 5x poverty line if its in our Brazilian bank account, about U$100.000, or R$400.000 in Brazil money) These two options will give me the option to have a job or not, and have as much vacation time as I need to travel to Brazil, Canada, etc).

7 - Someone said that visiting Canada does not reset the B2 - it this true? This seems extremely important to my plan! This would mean after her B2 period expires, she will have to return to Brazil, then book a flight to Vancouver from there. a bit more expensive but interesting. We might be getting somewhere.

About people who think I should relax and do everything the regular way, and stay away from each other for a year with just short occasional visits, this is the worst case scenario and though I know many people go through this and I admire their patience and will, I am not ready to go this route without a fight, and thanks to all who are helping me accomplish this goal on this forum. Also I don't want to do risk do anything wrong. Thanks again guys, and please critique my ideas!