After approval...

[JLSillitoe 0]

Hello!!,

My soon-to-be wife and I are getting married Dec. 10th and we're very excited. We are both living in Ceará, Brazil (Northeast coast) and are getting married here and completing the entire process abroad while she is still in school (Federal University of Ceará). We are starting the process as soon as we can, sending in our I-130 and everything else. My question is this, when it comes to that point that we pass our interviews I would like to know if there is a limited amount of time that we have to then get married in the United States. And this is why, we would like to go when she is on break from school, or at least having finished the semester so as to not stop right in the middle. Our goal is to have her finish her undergraduate degree here in Brazil sense she is half way done anyway. We want to start on her visa asap just in case there is any change of plans, but we plan to, after getting married in the U.S., come back to Brazil and have her finish her schooling. So, after passing the interview am I limited on time? Can I return after we get married in the U.S.? Is she required to live in the U.S. for a certain amount of time before being allowed to return to Brazil? Thank you for all who might have any insight!

[Anh map 2,098]

Married is married. After December 10 you are married. Anything else is just a party.

If you are not planning to move to the US right away then wait until a year or so before you want to live in the US to file the petition. The Green card is for living in the US. It sounds like your life plan has you in Brazil for a few more years.

[JLSillitoe 0]

Thanks for the reply!

Yea, definitely we're going to be here a while. But getting her visa is our fall-back. If anything were to happen while down here, or for any reason we were needed up in the states I would rather have everything already taken care of so we can just catch a plane and go whenever necessary. Hence the inquiry about the timelines and such. We also plan on having the religious part of our wedding in the States which is important to us both and would rather not wait until she finishes school to do it, which will take a couple years.

[FabtheFab 67]

You put your profile as DCF, but it's not available in Brazil. If you do the long process, it takes around 9 months. I just got approved two weeks ago.

Your marriage in Brazil will be enough for immigration purposes - whatever you do in the US in terms of ceremony will not affect her immigration status at all.

The problem with your plan is that once she gets a CR1 visa, she needs to stay in the US for at least 6 months per year to prove residency requirements or she might lose her greencard. Since she's still studying in Ceará, I would suggest she gets a B2 visa for now so she can come visit. The best is probably for you to apply for a permanent resident visa one year before she graduates.

Once she gets approved in the interview and receives her CR1/IR1 visa, she has around 6 months to enter the US or her visa will expire.

Edited November 19, 2015 by FabtheFab

[JLSillitoe 0]

Congrats! and Thanks!

That helps a lot in the decision process! We'll see what works out. By chance do you know about how long it takes after she gets her green card for her to leave the U.S. again without any problems, for example if she were to come to the U.S. and finish her degree only after everything was okiedokei? Would this not be until she received her citizenship?

[Anh map 2,098]

You can travel to the US to have the religious ceremony with a tourist visa. Much simpler application process. When you are ready to live in the US is when you file the spouse petition.

Again, Green cards are for living in the US, not visiting. If she's out too long then you may have to do the whole process again.

You have to supply evidence of your US domicile in order to obtain the spouse visa. Plus you will have to satisfy the financials for the affidavit of support (demonstrate a current and continuing US based income) and/or obtain a joint financial sponsor. A lot of steps to getting the green card.

Do your research and see what fits your life. When she's graduated (or close) and your missionary work is coming to an end is the time to petition for the spouse visa.

[JLSillitoe 0]

Thanks for the tips!

Haha we did meet while I was serving as a missionary, but that was two years ago I appreciate it!

[Darnell 8,479]

She has 2 years to get stuff done at nvc, uscis takes 3 to 20 months prior,

Then 2 months after nvc,

Then 6 months to arrive after visa in hand,

So currently, i suggest you pitch, discard, the concept of 'the immediacy of the now' as it relates to her getting a visa;

Focusing instead on her university calendar.

[FabtheFab 67]

Congrats! and Thanks!

That helps a lot in the decision process! We'll see what works out. By chance do you know about how long it takes after she gets her green card for her to leave the U.S. again without any problems, for example if she were to come to the U.S. and finish her degree only after everything was okiedokei? Would this not be until she received her citizenship?

Once she gets the CR1/IR1 (greencard), she can leave at any time without any problem. The only thing is that since it's a residency permit, she needs to be in the US for at least 6 months every year. For example, my first entry with a greencard will be next month and I'll stay around 15 days to do all the administrative things like getting a SSN, driver license, a car, etc. I will come back to Brazil and spend Christmas with my family and return for good on January 4 when my daughter's school will start.

As Ahn Map mentioned, a tourist visa (b2) is ideal for your situation now. She can stay in the US up until 6 months in each visit, and can come multiple times per year. For example, in the last 18 months, I have visited my husband in the US eight times without any issue (but since I work in Brazil, I never stayed longer than one month).

Is there any reason you need to return to the US now that you want her to get a green card so much? Because if she has a green card, she could apply for a re-entry permit and stay in Brazil to finish her studies, but it's just a lot of work and stress if it's a given you'll be in Ceará for the next two years. Other than that, she'll only be free to stay out of the US for longer than six months after she becomes a citizen (she can apply after 3 years of arrival if she's married to you).

Edited November 19, 2015 by FabtheFab

[Velvety 4]

If she applies for Tourist visa after she marries a US citizen, chances are slim to none on getting approved. Unless of course she has very strong ties to Brazil.

[JLSillitoe 0]

That brings up a good point Velvety. She actually already has a tourist visa, but I would be worried at customs when they ask her for her reason for entry. We're planning on bringing her parents with us for a short while as well. I actually didn't know, until FabtheFab mentioned, that a marriage ceremony in the U.S. wouldn't change anything... This means that there won't be a marriage certificate issued, is that right? I was just worried this whole time about visa fraud.. you know, entering on a tourist visa to perform a wedding.. but I guess if we are already married there wouldn't be a problem. Especially if we aren't planing on staying. The only problem would be convincing border protection of that...

[Elf 146]

I was just worried this whole time about visa fraud.. you know, entering on a tourist visa to perform a wedding..

Entering on a tourist visa to perform a wedding ceremony with the intent of leaving and applying for a spousal visa is perfectly legal and is not visa fraud. Many couples do it, including plenty of VJ members (although admittedly most of them aren't already married to one another when they do so). As you say, the only problem is convincing CBP that you intend to leave within the terms of the tourist visa.

Entering the US on a tourist visa with the intent of marrying and adjusting status in-country, on the other hand, is immigration fraud because it requires that you misrepresent your intent at the port of entry.

[JLSillitoe 0]

Thanks for the clarification Elf!

[JLSillitoe 0]

Does anyone know if there would be a problem with my wife's tourist visa after the marriage. For example the name change and such. Is it as simple as showing the marriage certificate if there is an issue. Should she worry about getting a new passport? If she did does that mean she'll need a new visa which probably won't be approved?

[Darnell 8,479]

No rebuttal on school calendar vs immigrant visa calendar? Ok!