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By Vagner in IR-1 / CR-1 Spouse Visa Process & Procedures

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Vagner Rookie

Vagner   0

Posted
Filed: F-1 Visa Country: Brazil
 Timeline
Posted (edited)

Hello!

 

My wife is American and we are in Brazil now. I am Brazilian. We are planning to move to the USA next year and we are thinking about starting the green card process. I have a tourist visa right now, and I would like to know if by having this kind of visa is going to cause me problems to apply for the green card or if it would be better to start the process in Brazil, before going to the USA. 

 

Another thing is is that I could possibly get a religious visa. Is this helpful in any way?

 

Thank you so much!

 

 

Edited by Vagner
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payxibka
payxibka

Planning to visit is not fraud.  Planning to use a nonimmigrant entry and stay in order to gain an immigrant benefit is.  Subtle but important difference. 

Kanwal Haqqi
Kanwal Haqqi

Hi Vagner   They are few ways to go about this process. 1) Apply for I-130 (immigration) from Brazil... you guys can wait it out until you hear back from them... The process generally t

SalishSea
SalishSea

It's not a "financial reference."  Please read about the affidavit of support for immigrants.  It is kind of a big deal.   And to establish domicile, the general expectation is that she move

Tanish Rising Star

Tanish   197

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

If you are planning to start immigration process, entering USA on visitor Visa would count as a fraud, because you are already planning to immigrate. If you are planning to start your immigration process, I would suggest you start applying ASAP.

Also, any other type of Visa you get just to shorten the wait time of CR1 Visa, that would count as a fraud.

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
18 minutes ago, Tanish said:

If you are planning to start immigration process, entering USA on visitor Visa would count as a fraud, because you are already planning to immigrate. If you are planning to start your immigration process, I would suggest you start applying ASAP.

Also, any other type of Visa you get just to shorten the wait time of CR1 Visa, that would count as a fraud.

Planning to visit is not fraud.  Planning to use a nonimmigrant entry and stay in order to gain an immigrant benefit is.  Subtle but important difference. 

Edited by payxibka

YMMV

Tanish Rising Star

Tanish   197

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted
1 minute ago, payxibka said:

Planning to visit is not fraud

That is correct. I apologize. What I meant was planning to visit and adjusting from here would be counted as a fraud (because that would be predetermined now in this case). Thanks for correction @payxibka

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

Tanish Rising Star

Tanish   197

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted
Just now, Vagner said:

Is the I-130 included as part of the process? I will also need to turn that form in, right?

Thank you for your help, guys! @payxibka and @Tanish

I-130 is the first part of the process.

I-130 petition goes to USCIS first, after it is approved, it is sent to NVC, where you will fill out some more forms.

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

Tanish Rising Star

Tanish   197

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted (edited)
3 minutes ago, Vagner said:

And also, if we are planning on moving in April, when would be good to start all the process?

The whole process is taking a little more than a year recently, so I am not sure about you moving in April. Has your US Citizen spouse been with you in Brazil for more than 6 months, if so, you can file using DCF.

 

There may also be different rule for DCF from Brazil, so you may want to research more on that.

Edited by Tanish

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
4 minutes ago, Tanish said:

The whole process is taking a little more than a year recently, so I am not sure about you moving in April. Has your US Citizen spouse been with you in Brazil for more than 6 months, if so, you can file using DCF.

Be careful,  DCF only for exceptional circumstances, and then only if approved in advance 

Edited by payxibka

YMMV

Tanish Rising Star

Tanish   197

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted
Just now, Vagner said:

Yes, we've been here for over a year now. What is a DCF? I couldn't open the link.

DCF is short for Direct Consular Filing

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
1 minute ago, Vagner said:

Yes, we've been here for over a year now. What is a DCF? I couldn't open the link.

You need exceptional circumstances to potentially file a non stateside petition.   Criteria are rigid, a few have succeeded 

YMMV

 
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