Fiance, Spouse or Visitor visa??? HELP!!!!

[Aline SC 0]

Hello guys, good evening. 

 

I need an advice about my situation, because I am REALLY confused!!!!

So, I lived in US (Crookston, MN) from August of 2014 to January of 2016, because I was in an exchange program, sponsored by my country, Brazil. For this reason, I got the J1 visa. During this time in US, I met my boyfriend, and we've being dating for 2 years. I am in Brazil right now, and my plan was finish Vet School in Brazil on the beggining of 2017, and then come back to US with a visitor visa (B2),  and stay there for 6 months, because it is the maximum time that I can stay in US with this visa. After this time, I would go back to Brazil, and stay for one month or so. After this month, I would come back to US again, and stay for more 6 months. At the end of this time, I would be able to get another visa, because my J1 "required time" would be finished.

However, my country requires that I stay in Brazil for the same amount of time that I stayed in US, which means I have to stay until, at least, the end of June of 2017. Besides this time, because of my type of visa, I need to stay in Brazil for 2 years, since the date when I came back here. I know that I can get a Waiver for my J1 visa, but I will be able to start the Waiver process only after June, because I will need to have a Brazilian document saying that I accomplished the required time in Brazil. So, I thought in get a visitor visa and go to US at the end of June, get married there and change my status, but I am affraid that the Immigration Department consider this as a visa fraud.  Another option would be getting a K1 visa, but it takes almost a year. A third option from a brazilian visa agency (a legal one, let's make it clear lol), was my boyfriend come to Brazil and we get married here, and then we start a Green Card process, because they believe that it is easier/faster to get a Green Card than a K1 or a K3 visa, but I don't know if I can start de green card process, without the waiver. OMG!! It is a HUGE post lol, I am sorry guys. So, my question is: WHAT SHOULD I DO? I don't know which visa should I get. Getting married is a option, we would like to do it later, better planned, and with a better financial situation, but you gotta do what you gotta do, right? But we don't know if it is better to do in Brazil or US. Also, if the visitor visa idea is a bad idea, cause I am concerned that my B2 request could be denied, since I will finish Vet School soon, and I don't have a job right now. Moreover, I don't know if I get married with a tourist visa, and try to change my status after that would be consider a fraud. I am so so sorry for all my questions, but I am completely lost, I've reading and watching sooo many things about this, and that it is making me more confused and anxious. I wanna do things right!Thank you so much =D

 

[Rc123rc 528]

You're right. Your B2 has a high risk of being denied since you probably can't prove enough ties to your home country. Also, if you stay 6 months in the U.S. and then try to come back a month after you leave, that would almost prove you have no ties and any attempt to "visit" would be viewed as an intent to immigrate. I say you wait, finish out you degree in Brazil, have your BF go there and marry, then file for a CR-1. 

[KierenHby 899]

A bunch of things you mentioned, some you cant do, some are illegal. Didnt read the entire post. 

 

Either get married in Brazil and spouse files CR1. Or fiance files K1 and if approved by embassy, come to the US and get married within 90 days. 

[p-ana 933]

The home residency requirement can be waived, there is a thread here with many Brazilians there, I think you should check it out before making any plans, to see what's the time frame for it, fees, documents, etc.

 

do you have a b2 visa? If not, getting one might be very hard to get. You not only have immigrant intent, but also are planning to stay way longer than you're supposed to per year. Even though a b2 entrant usually gets a stamp for a 6 month stay, that's up to cbps discretion. Entering one time and staying the whole 6 months, then attempting to enter again in about a month after with intention to stay for another 6 months is living here and not visiting. And if you tell them your intentions in your entry, I'd doubt they'd let you in anyway. 

 

You have two legal options: file i129f petition, go for the k1 visa, enter the USA, marry within 90 days and file for aos OR get married in Brazil (or another country) and have your spouse file a i130 petition and you go for a cr1 visa. Any other plan is fraudulent at this point.

 

take your time, read, educate yourself and go for the right path for you.

 

best of luck

[EM_Vandaveer 2,408]

You have to either fulfill the 2-year home residency requirement by actually living in Brazil for two full years (no long visits to the US at all) or get it waived.

one or the other has to happen before you can get an immigrant visa.

[millefleur 5,046]

Forget the K-3, it's obsolete now because the CR-1 goes faster than it used to in the past, so a K-3 rarely issued these days.

 

B-2 visa is very risky, you have a high chance of being denied so it might just be a waste of time and money.

 

Like Kieren said: either take the K-1 route (more expensive but faster, however you must marry in the US) or get married in Brazil and go the CR-1 route (slower but less expensive in the long run, plus you get a green card right off the bat if you're approved.) You basically don't have any other options unless you want to risk the B-2 plan which could end up wasting your time and money if you're rejected.

[Unlockable 7,314]

Hi,

 

A couple of things.

 

First the 6 month visit is NOT guaranteed. The border officer decides how long you can stay. He could give you only 2 weeks.

 

Visiting with intent to stay is fraud as already mentioned.

 

But what I really want to discuss is your plans for your Vet degree. The reason I ask is because I personally know a vet from another country that migrated that could not get licensed to practice in the US (although that was some time ago and he may have gotten licensed since).

 

American medical standards are different. Not saying they are better or worse; just different. Some countries have fewer regulations than the US so there is less red tape to start practicing.

 

The person I know who was a Vet in Venezuela was working as a tech in animal clinics for a few years. I was a hard adjustment for him as he had years of experience and knowledge. 

 

I just wanted to share this story so you can have an idea of the industry in America. If you are prepared to take the licensing exam for the state you are in then you should be fine. 

 

I have a few friends who are Vets so if there are any questions you would like to ask feel free to. 

[Boiler 45,559]

Aline, welcome to VJ, no harm trying for a B, obviously that aspect depends on whether you can get one. Sounds like you have a 2 Year HRR.

 

What are your plans in the US>