USC mother, Mexican father (unmarried) & Brazilian baby want to visit US from Brazil. Help!

[Juamber 0]

Hello everybody, thank you in advance for your help and attention.

We will try to explain briefly our situation so everybody can understand.

We are an international family living and working in Rio de Janeiro as permanent residents. She is a US Citizen and he is Mexican. Our baby daughter is a US & Brazilian citizen, both. At this point, we are engaged without a concrete marriage date.

We are planning to travel to the U.S. this year to visit her family and we don't know what his best Visa option is. We don't plan to stay in the US for now but we might return for occasional visits and eventually move there in the next few years.

There are 2 scenarios:

1. Apply for Non-immigrant Visa. We've read that this can be difficult to be approved because of his immediate relation status with his daughter. He would travel with this Visa until we decided to live in the US permanently in which case we would apply for an immigration Visa.

2. Apply for K1 Visa. In this scenario we would get married in the US within the 90 days the Visa allows and then return to Brazil without applying for the Adjustment of Status (Green Card). Then in Brazil we would apply for Direct Consular Filing to obtain the IR-1 Visa so that we can travel as a family to and from the US freely until we decide to move there.

Either scenario is fine with us but we would like to make the wisest time / money / headache decision.

Our questions are:

Are both scenarios possible?

Which of the two makes more sense?

[Unlockable 7,314]

1. Your best course of action. B2 Visa is what you are looking for. You could get a 10 year multi-entry visitor visa.

2. Not a likely viable option. You indicated not living in the US anytime soon. In order to maintain your immigrant visa you have to show long term residency in the US; not visits. Also, does your wife currently have US domicile? Employment history of last 1 - 2 years within the US?

What about getting married in Brazil? CR1 visa maybe?

Edited April 10, 2016 by NuestraUnion

[Harpa Timsah 13,258]

You want a B2. if you can prove that you are rooted in Brazil it should be granted.

You don't need a special visa to marry in the US, btw. You can do that on a tourist visa if you intend to leave after.

[Penguin_ie 5,993]

Go for the B2 tourist visa. If it gets denied (unlikely if you both have strong ties to Brazil, but who knows), then you can go for the K1, but it is much more expensive and takes much longer, as it is meant for immigration.

As mentioned by others, you cannot use the CR-1 spousal visa to visit, it is for immigration and you'd need to live in the US with it.

[AB loves AG 54]

Something else to note, that in the future if you apply for a K1 or CR1 you will have to show your tax transcripts for filing US taxes. Not sure if you have done that.

[Ryan H 3,812]

2. Apply for K1 Visa. In this scenario we would get married in the US within the 90 days the Visa allows and then return to Brazil without applying for the Adjustment of Status (Green Card). Then in Brazil we would apply for Direct Consular Filing to obtain the IR-1 Visa so that we can travel as a family to and from the US freely until we decide to move there.

This is not possible for the following reasons:

• No DCF in Brazil
• IR-1 and CR-1 visas are single use only.
• A green card is not meant to be a permanent visa, people trying to use it as such have been denied entry and had their cards revoked.

[Juamber 0]

Thank you for your quick answers.

It's a relief to know that B-2 is a good option for us because it was the Consulate here in Rio who suggested to do a K-1.

You want a B2. if you can prove that you are rooted in Brazil it should be granted.

You don't need a special visa to marry in the US, btw. You can do that on a tourist visa if you intend to leave after.

Harpa, what can we use as as proof that we are rooted in Brazil?

We have our permanent residency cards, our child's Brazilian birth certificate, our house rental contract, a certified proof of residency, accounts in Brazilian banks, etc. However, we are both self-employed and work on freelance basis so it's kind of difficult to show proof of employment. She works for an American company as an independent contractor. He works with various employers but without any binding contract.

Also, we will eventually have a plane itinerary returning to Brazil, but perhaps not before we apply for the Visa.

Last concern: is obtaining a non-immigrant Visa, or marrying in US versus elsewhere, going to cause any complications when applying for an immigrant Visa in the future? And at that time, what immigrant Visa will he need?

[Boiler 45,535]

Why isn't the baby also Mexican?

Sounds like the Consulate do not believe you are eligible for a B.

Edited April 11, 2016 by Boiler

[Juamber 0]

Why isn't the baby also Mexican?

Sounds like the Consulate do not believe you are eligible for a B.

She is, she is not legally registered yet. We are working on the registration. It is a little bit difficult to schedule a meeting in the Mexican Consulate.

[Boiler 45,535]

Got you, the paperwork does not male her Mexican, just proves that she is.

[Harpa Timsah 13,258]

Thank you for your quick answers.

It's a relief to know that B-2 is a good option for us because it was the Consulate here in Rio who suggested to do a K-1.

Harpa, what can we use as as proof that we are rooted in Brazil?

We have our permanent residency cards, our child's Brazilian birth certificate, our house rental contract, a certified proof of residency, accounts in Brazilian banks, etc. However, we are both self-employed and work on freelance basis so it's kind of difficult to show proof of employment. She works for an American company as an independent contractor. He works with various employers but without any binding contract.

Also, we will eventually have a plane itinerary returning to Brazil, but perhaps not before we apply for the Visa.

Last concern: is obtaining a non-immigrant Visa, or marrying in US versus elsewhere, going to cause any complications when applying for an immigrant Visa in the future? And at that time, what immigrant Visa will he need?

Portable and freelance jobs will make it more difficult, but social and family ties will count as well.

Even if you get married, and you just want to visit the US, then the B2 is right for you. B2 is for visiting, and being married to a USC doesn't disqualify you from it outright. Good luck.

[Cathi 5,755]

1. Your best course of action. B2 Visa is what you are looking for. You could get a 10 year multi-entry visitor visa.

2. Not a likely viable option. You indicated not living in the US anytime soon. In order to maintain your immigrant visa you have to show long term residency in the US; not visits. Also, does your wife currently have US domicile? Employment history of last 1 - 2 years within the US?

What about getting married in Brazil? CR1 visa maybe?

nope, cr-1 is for living here and would require residency

[Juamber 0]

Thank you very much for your answers and tips.

Tomorrow, he is applying for B-2 Visa.

Wish us luck on his interview!