Transferring case

[Sarath 6]

Good afternoon 

please go easy on me as I am asking this question for a friend of mine.

 

she is married to her Ghanaian husband, they have started the process just 7 months ago and still waiting for their I-130 approval. She is growing impatient and they already have kids together (twins).

 

she mentioned to me that she’s wanting to have her husband become a resident in Brazil or any other country in Latin America so that she could transfer their immigration case there. Seeing that a friend of ours did the same and got  approved within shorter months and the only difference is that her husband was already a resident in Brazil for a long time. 

 

I did mention that it may look suspicious.

can someone please educate me on the pros and cons of this matter so that I can show her.

 

she’s spoken to a lawyer who was against it but she’s convinced. 
 

thank you 

[Dashinka 24,800]

Just curious if your friend or her spouse has researched what it takes and how much it will cost to gain residency in Brazil or any other country for that matter?

[SalishSea 18,148]

1 hour ago, Sarath said:

Good afternoon 

please go easy on me as I am asking this question for a friend of mine.

 

she is married to her Ghanaian husband, they have started the process just 7 months ago and still waiting for their I-130 approval. She is growing impatient and they already have kids together (twins).

 

she mentioned to me that she’s wanting to have her husband become a resident in Brazil or any other country in Latin America so that she could transfer their immigration case there. Seeing that a friend of ours did the same and got  approved within shorter months and the only difference is that her husband was already a resident in Brazil for a long time. 

 

I did mention that it may look suspicious.

can someone please educate me on the pros and cons of this matter so that I can show her.

 

she’s spoken to a lawyer who was against it but she’s convinced. 
 

thank you 

You can’t consulate shop to try to avoid waiting behind others who applied first.

 

 

[powerpuff 6,748]

~~ Topic moved from K3 sub-forum to IR1/CR1 Process ~~
 

1 hour ago, Sarath said:

the only difference is that her husband was already a resident in Brazil for a long time

That’s a very significant difference. Generally, receiving legal residency in a country is not a fast process. Maybe there are exceptions but that’s the research she will need to put in on her own. 
 

Getting impatient at only 7 months in? Oh dear. They will need to buckle in as Ghana is notoriously backed up/slow to process. 

[nastra30 2,359]

Unfortunately, separation is just part of the process; so patience as a virtue is very very important right now. If current trend continues in Ghana it's going to be at least 3 years before your friend's husband migrates to the US. If your friend's husband can gain residency in Brazil then sure he can go for it; but I doubt that too is going to be a quick process. Has your friend thought about moving to Ghana to be with husband until he gets his visa?

[Boiler 46,121]

I do not see any harm if they want to go this route

[pushbrk 13,118]

52 minutes ago, Boiler said:

I do not see any harm if they want to go this route

No harm.  To clarify regarding an earlier post about "residency", one does not need actual resident status for a case transfer.  A job and work visa will do.  

 

Note also that case transfer to a new Consulate is done only AFTER petition approval.  It is requested during the NVC stage.  To be successful, the "friend" needs a legitimate case for transfer, not a contrived one.

[Boiler 46,121]

9 minutes ago, pushbrk said:

No harm.  To clarify regarding an earlier post about "residency", one does not need actual resident status for a case transfer.  A job and work visa will do.  

 

Note also that case transfer to a new Consulate is done only AFTER petition approval.  It is requested during the NVC stage.  To be successful, the "friend" needs a legitimate case for transfer, not a contrived one.

Being resident in another country is legitimate 

[pushbrk 13,118]

3 minutes ago, Boiler said:

Being resident in another country is legitimate 

Yes, and the status in the country must be supported by real evidence, like a copy of the appropriate visa and evidence of a job.  I don't know about Brazil specifically, but you don't get residency in any country just because you want it and go there.

[Boiler 46,121]

The question was resident in a South American country, I assume they have a route otherwise why ask?

[pushbrk 13,118]

4 minutes ago, Boiler said:

The question was resident in a South American country, I assume they have a route otherwise why ask?

I don't make such assumption based on posts from "a friend" that don't mention any actual "route".  YMMV

[JeanneAdil 6,655]

work visa is possible but it is a visa that does not allow for residency in Brazil according to the following site / it is just listed as other visa options

 

https://www.mondaq.com/brazil/work-visas/1107536/how-can-i-get-permanent-residency-in-brazil

 

Permanent residency is for any of the following reasons

 

Family reunion

It is possible to get permanent residency in Brazil on the grounds of joining an immediate family member. This family member must either be a Brazilian citizen or permanent resident. It could be:

• A spouse (there is no distinction for same-sex couples)
• A domestic partner who the applicant is in a stable relationship with
• A child under 18 years of age
• A child under 24 years of age, if attending college or pursuing graduate/post-graduate studies
• A child with special needs
• An unmarried orphan sibling, grandchild, or great-grandchild who is under 18 years old
• An unmarried orphan sibling, grandchild or great-grandchild who is under 24 years old and is attending college or pursuing graduate/post graduate studies
• A sibling, grandchild, or great-grandchild with special needs
• A parent who is unable to provide for themselves and/or with special need
• A parent with custody over a Brazilian child that depends on the parent financially

Retirement with income of at least 6000 a month Brazilian Reals

investesting with 500,000 Brazilian Reals (some are allowed only 150,000 to open a business

scientist or reasearcher

some refugees or aslyum seekers 

CEO of company

 

OP -doesn't matter where he lives but for ghana embassy he may go thru long AP/  no matter where he goes to live

real the portal for Ghana and embassy  reviews 

[SalishSea 18,148]

5 hours ago, Boiler said:

The question was resident in a South American country, I assume they have a route otherwise why ask?

OP stated that the person in question wants to try to get that because someone else did, but that that person "already had" residence in Brazil.

 

Does not sound like OP's friend has any sort of path to legal residency in Brazil as a way of circumventing the queue.

[pushbrk 13,118]

3 hours ago, Jorgedig said:

OP stated that the person in question wants to try to get that because someone else did, but that that person "already had" residence in Brazil.

 

Does not sound like OP's friend has any sort of path to legal residency in Brazil as a way of circumventing the queue.

The "way" would be a work visa.  Usually, that means you are offered a job by a company IN the country and the company sponsors and arranges for the necessary visa.  By definition, a visa that allows you to be employed IN a country, allows you to reside in the country for the duration of the employment.  That's good enough.  It need not be "permanent residency", but it must not be just visiting either.

[JeanneAdil 6,655]

Again from Brazil site, itself

work visa does not work for permanent residency in Brazil

 

https://residencies.io/residency/brazil/permanent-residency/br1

 

The Permanent Visa (VIPER) in Brazil may be granted to foreign-nationals, who intend to live in the country for more than 2 years and are married to a Brazilian citizen or permanent resident, to retired persons who receive a regular pension, or to qualified employees or professors, scientists or researchers or to administrators, investors or directors of companies located in ZPE (free trade area), or to investors or members of a religious order. Dependents may be included in the application, including spouse, dependents under 24 years of age and parents.