Unsure what which visa or process to start

[Jonny777 0]

Hello All,

 

My girlfriend of Brazilian Citizenship is currently pregnant in Brazil and is due in April. Which visa choices do I have? I have looked into K-1 and CR-1 but not sure which is best or if there are other options. Best case is for her to be able to give birth in the US under my insurance plan which means we need to get married quick in the US before January. Second option is to give birth in Brazil and then file for visas (not sure which for baby). I would like us to be together as soon as possible.

 

Things I want to note that might be crucial:

• I work and live in New Jersey, USA while she resides in Brazil.
• We are both single and never married. 
• She has never applied for US visa and currently getting her Brazilian passport as I assume she will definitely need it. I am not sure if applying for visa to visit my family in the US would affect her k-1, cr-1, or other applications. 

 

What can I do now to jump start the process? 

• Is there something I can do for the unborn child in the mean time? 
• Is there something I can do for my girlfriend in the mean time to upstart any process? 

 

Thank you all!

[Boiler 45,516]

Personally I would go over there and marry and file the CR1. I assume the child will be a US Citizen so you will just need to file a CRBA to get a passport.

 

She can apply to visit, but I would assume that is unlikely to be approved. Especially with a USC child in tow.

[Crazy Cat 41,857]

Another vote for a CR-1.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) 
  Spouse can not work untila she/he receives EAD (approx 6-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

[Chancy 6,241]

41 minutes ago, Jonny777 said:

Is there something I can do for the unborn child in the mean time?

 

I assume you're a US citizen and the child is yours.  It's unlikely that your girlfriend can get any US visa in time to give birth in the US.  So prepare for your child's US citizenship paperwork by collecting documentary evidence of your physical presence in the US, like your school/employment/medical records.  Assuming you qualify to transmit citizenship, your child will be a US citizen from birth, and can be issued CRBA and US passport.  Learn more about the CRBA process here -- https://br.usembassy.gov/u-s-citizen-services/citizenship-services/

 

As to your girlfriend's paperwork, if you're ready to get married, I also recommend going to Brazil as soon as you are able, getting married, and pursuing CR1 visa.

 

[powerpuff 6,699]

58 minutes ago, Jonny777 said:

Best case is for her to be able to give birth in the US under my insurance plan which means we need to get married quick in the US before January. Second option is to give birth in Brazil and then file for visas (not sure which for baby). I would like us to be together as soon as possible.

The second option is the realistic one as the options available to your fiancé (K1 / CR1) are lengthy processes - 18+ months.

I’ve done K1 myself and would recommend CR1 over K1 as it offers more flexibility (such as immediate travel or work) and less headache with things like being added to health insurance, getting a DL, opening a bank account or being added to one.

 

[SalishSea 17,829]

Either process will take around two years for her to be able to immigrate.

 

Start researching and reading as much as you can.  CR-1 would make the most sense.  Also research CRBA.

 

Very very unlikely she would be approved for a B visa.

[Jonny777 0]

Thanks for all of your replies. It is very helpful. We we leaning toward K-1 but after reading more, CR-1 seems to be better. 

 

Why is it hard for her to get a tourist visa to visit the US? Is it because of the unborn child or will it negativity affect the CR-1 process? Did the US make visas (B) a lot harder or longer period to process? 

 

 

[powerpuff 6,699]

2 minutes ago, Jonny777 said:

Why is it hard for her to get a tourist visa to visit the US?

Every tourist visa applicant is viewed to have an immigrant intent which they can overcome with strong ties to home country (e.g. career, spouse and kids, etc). She has a US citizen fiancé and a soon to be born child, those are pretty hard to overcome.

[Boiler 45,516]

Unless something odd happens she will be interviewing with a USC child.

[Redro 4,611]

3 hours ago, Jonny777 said:

Hello All,

 

My girlfriend of Brazilian Citizenship is currently pregnant in Brazil and is due in April. Which visa choices do I have? I have looked into K-1 and CR-1 but not sure which is best or if there are other options. Best case is for her to be able to give birth in the US under my insurance plan which means we need to get married quick in the US before January. Second option is to give birth in Brazil and then file for visas (not sure which for baby). I would like us to be together as soon as possible.

 

Things I want to note that might be crucial:

• I work and live in New Jersey, USA while she resides in Brazil. - Your residence doesn't matter until she moves here. Her residence is important as some consulates are busier than others. 
• We are both single and never married. - Makes paperwork easier. 
• She has never applied for US visa and currently getting her Brazilian passport as I assume she will definitely need it. I am not sure if applying for visa to visit my family in the US would affect her k-1, cr-1, or other applications. - As she hasn't traveled to any countries before and she is currently pregnant with your child there is a low chance of her obtaining a tourist visa but no harm in trying. Being denied a tourist visa shouldn't impact her k1 or cr1 application. 

 

What can I do now to jump start the process? 

• Is there something I can do for the unborn child in the mean time? - Get married. Registering the child as a US citizen will be easier if you are married to the mother. 
• Is there something I can do for my girlfriend in the mean time to upstart any process? - Discuss with her how you would like to get married. In Brazil or via Utah online marriage. 

 

Thank you all!

Both K1 and CR1 have their upsides and their downsides. 

Traditionally, K1 was faster but currently

Last 10 K1 cases out of Brazil took between 494-620 days.

Last 10 CR1/IR1 cases out of Brazil took between 481- 762 days, 

If you filed today for either visa your girlfriend will more than likely give birth in Brazil.

Because you have a child on the way and the beneficiary is going to give birth overseas it is probably wiser to get married as that will make filing various other types of paperwork easier. 

Good luck and congratulations! 

 

[JeanneAdil 6,505]

even if she applied for tourist visa the wait time for interview is 123 days

putting her in the last trimester of pregnancy and airlines would not let her board

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html?post=Manila&x=65&y=11