Marriage with US citizen In Brazil CR1, K1, K3 Help

[Ian05 0]

Im 22 years old, I have lived in the Us for more than 12 years. I was raised in the US and

consider myself an American. I went through, or better yet, my parents went through a 10 year

process of trying to get the greencard through an attorney, acctually through 3 attorneys

because the first one tricked us and didnt do anything while he charged us... and the other 2

did the same. So basically we lost 15,000 dollars and our hope in becoming American Citizens.

We have lived in the US for more than 12 years, payed all our taxes as if we were legal

citizens. Due to the fact that we didnt get anywhere with our process we gave up and just

decided not to go on with the process for it would require much more money and time... so we

just gave up because it just seemed to not be our fate. Meanwhile I was dating and almost to

the point where I wanted to get married if another year passed by. But we (my parents and I)

decided to move back to our native country since there was no way in continuing living in the

US illegally, especially since Bush took over.

Anyhow, I cant get used to my native country because I, deep down inside feel that the US is my

native country... and I cant seem to get through college here, because the language is

difficult (portuguese - Brazil). And I just miss my girlfriend, we talk everyday online and

we're getting to the point where we're thinking about getting married and living together.

ok now lets put that to the side... I have been searching alot and trying to get as much

information I can.

What I would like to know is; which is better, Getting married here in Brasil and having her

apply for the K3, K1, or the CR1 OR having me go to the US and marry her there???

*Lets use the former, just in case im not able to get the visa to travel to the US and marry

her there.

In this case, I will have to marry her here. I also read that we can get married here in Brazil

without having her come here. Which I heard is better because then she can go right ahead and

file for my visa.

So whats the next step after we get married here in Brasil?

Does she file for a k1, k3, or a CR1???

If im correct, if she files for the CR1, i'll be able to leave my country with a green card in

hand and then just move in with her in the US.

So I would like to know the following? How long will it take if we get married and she files

for a CR1, which enables me to get my greencard while im here in Brazil?

Also, if I am able to get the greencard while here in Brasil, after I fly to the US will we

have to get married in the US or will we already be married???

and what happens after the CR1? does she have to file for anything else in order for me to get

my permanent green card and then file for citizenship???

I read the CR1 takes much more time than the K3, but I would to know which is better and safer

and faster. Getting the K3 and moving up to the US marrying her and continuing with the

process, or if I should wait a while (which we dont mind, we have talked about this) and just

get the CR1 which enables me to arrive and continue going to college and work.

Also, I know someone will have to sponser me in order for me to get the Visa. Can my uncles or

aunts sponser me? or will she have to sponser me? and what if she doesnt make the ammount

necessary to sponser me? Can there be a co-sponser??? if so, who can it be, other than

parents???

(Im not really worried about them not believing if its a true relationship or not because I

have photos, letters and yearbook pictures of us and since It really is something serious, its

not something im worried about)

I would like to thank you guys for your time in helping me out!

[endless 0]

Go for K1 Visa, it' called fiance visa, you will have to marry her within 90 days when you enter the US on that visa. So far seems to be the fastest.

If you guys decide to marry than you'll have to apply for CR-1 visa with I-130 and than as soon as you receive the NOA1 from CSC you'll have to file a 129F for a K3 visa. This is the process I'm following.

Any american citizen can be your sponsor, tipically is your fiance or spouse, maybe it can be a permanent resident too, I don't know this.

Good luck, anyway, look up K1 visa and if you decide to get married first CR-1 / K3 visa, these are your options.

[vsmtghdy 2]

K-1 = Fiance/e visa and is a "Non-immigrant" visa.

You're fiance will file this petition for you. Your consulate/embassy will give you the K-1 visa (after all the processing, medical and interview). You will then be entering the U.S. on a K-1 visa and will have "90" days to get married with your fiance/petitioner. After marriage, you will then have to apply for ADJUSTMENT OF STATUS (AOS). Onced approved, you will then be given a 2-year Permanent Residence (Condition resident)= the Green card. Since you're ona Conditional Resident, you will then have to apply to Uplift or Remove Conditions within 90 days before the 2-year visa will expire. Once granted and approved, you will then get a 10-year Permanent Resident card.

If you decide to get married in your country, then you cannot apply for a K-1. Your wife/spouse will be petitioning you for this visa category (not your relatives as you stated in your question)= which could either be a K-3 or CR/IR visa.

K-3 = married and is "non-immigrant" visa. After arriving in the US, you will need to Adjust status, just like K-1.

CR-1 = if visa was granted and you're married less than 2 years, this is the visa that you will get. This is an "IMMIGRANT VISA". Onced you enter US, you will be given a 2-year Permanent Residence card. No need to adjust status. You only have to apply to remove conditional resident 90 days before that visa expires then they will be giving you a 10-year Permanent residence card.

IR-1 = if visa was granted and you've been married for 2 years. This is an "IMMIGRANT VISA". AFter entering US, they will give you a 10-year Permanent Residence card. No adjustment of status and no removal of conditions.

I hope this info helps. I know others will give you more info. Good Luck.

[Ian05 0]

But if I decide to go for the CR1 visa, since it allows me to enter the country with the greencard in hand and not have to worry about ajusting my status, how do I go about that???

Lets say we get married here in Brasil (without having her come here) I read theres a way for us to get married here in Brazil without her having to come here... which would be better because she can go strait ahead and file for the K3 or CR1.

So, wouldnt it be better for her to file for the CR1???? Since it allows me to enter the US without having to worry about going to the imigration with her and ajusting my status???

What are the REQUIRMENTS for the CR1 visa???? and how long does it usually take???? or how long do I have to wait here in Brazil???

[Marilyn. 340]

Go for K1 Visa, it' called fiance visa, you will have to marry her within 90 days when you enter the US on that visa. So far seems to be the fastest.

If you guys decide to marry than you'll have to apply for CR-1 visa with I-130 and than as soon as you receive the NOA1 from CSC you'll have to file a 129F for a K3 visa. This is the process I'm following.

Any american citizen can be your sponsor, tipically is your fiance or spouse, maybe it can be a permanent resident too, I don't know this.

Good luck, anyway, look up K1 visa and if you decide to get married first CR-1 / K3 visa, these are your options.

I just wanted to point out that you don't have to file the 129F for a K3 Visa....

[Marilyn. 340]

But if I decide to go for the CR1 visa, since it allows me to enter the country with the greencard in hand and not have to worry about ajusting my status, how do I go about that???

Lets say we get married here in Brasil (without having her come here) I read theres a way for us to get married here in Brazil without her having to come here... which would be better because she can go strait ahead and file for the K3 or CR1.

So, wouldnt it be better for her to file for the CR1???? Since it allows me to enter the US without having to worry about going to the imigration with her and ajusting my status???

What are the REQUIRMENTS for the CR1 visa???? and how long does it usually take???? or how long do I have to wait here in Brazil???

you have to be married to a US citizen...

it can take up to a year or more to get the visa, but the process seems to be getting a little faster and some people get it in less then a year ....

[Ian05 0]

So far, I have been gathering as much information as possible and i've come to the conclusion that its best to file for the CR1/IR1 instead of the K-1 or K-3 for the following reasons:

The CR1/IR1, although may be more time consuming than the other processes, but while I wait for it to be approved and if approved it'll allow me to enter the US with a 10 year Green Card... avoiding having to Ajust my Status with the AOF and spend $1010 which will only give me a 2-year Green Card which I will eventually have to extend to 10 years and spend an extra $650.

So over all... the CR1/IR1 will be faster... because I will enter the country as a permanent resident and with a 10-year Green Card... and I'll avoid all those fee's that can add up to almost $2000 and the 2+ year wait to renew my status.

Although the CR1/IR1 may take longer, it seems to be the best option...

But I read that its possible for me and my girlfriend to get married without her having to leave the Country and without having me leave my Country. If that isnt true then ill go through the process of her coming to Brazil to marry me. Although the former would be much better because as soon as we get married (without having her leave the US) she can right away file the I-130 and G-325a and the rest.

So I think its best to not file the I-129f (K-3) and just file for the I-130 (CR1/IR1)

The only problem is the following... as I have stated before, I was raised in the US, went to school in the US, which was where I met my current girlfriend (the whole highschool sweetheart thing lol) Left the US at age 17 (never was able to get my Drivers License). So since the G-325a is a Background check... will I have any problems with this???

Also... if it's possible for them to know that I have lived in the US... is it better for me to put that on the I-130 form? or should I leave it out? Will putting that I have already lived in the US on the I-130 ruin my chances of getting the CR-1 Visa????

[Marilyn. 340]

ummm, as far as I know you both need to be in the same place to get married....

and also with the Cr1/IR1 visa the type of green card you get depends on how long you have been married for at the time of your entry into the US with the visa....

if you have been married for under 2 years you will get a 2 year conditional green card and if you have been married for over 2 years you will get the 10 year green card....

[Ian05 0]

Oh ok thanks for clearing that up for me...

So then if we get married and she files for the CR1... i'll get the 2 year GC and be able to move up with her, then eventually I will have to extend the 2 years to 10 years and then how do I go about getting my citizenship and becoming a citizen???

[MargotDarko 0]

Go for K1 Visa, it' called fiance visa, you will have to marry her within 90 days when you enter the US on that visa. So far seems to be the fastest.

If you guys decide to marry than you'll have to apply for CR-1 visa with I-130 and than as soon as you receive the NOA1 from CSC you'll have to file a 129F for a K3 visa. This is the process I'm following.

Any american citizen can be your sponsor, tipically is your fiance or spouse, maybe it can be a permanent resident too, I don't know this.

Good luck, anyway, look up K1 visa and if you decide to get married first CR-1 / K3 visa, these are your options.

I just wanted to point out that you don't have to file the 129F for a K3 Visa....

That's not true unless something has just changed.

[Marilyn. 340]

Go for K1 Visa, it' called fiance visa, you will have to marry her within 90 days when you enter the US on that visa. So far seems to be the fastest.

If you guys decide to marry than you'll have to apply for CR-1 visa with I-130 and than as soon as you receive the NOA1 from CSC you'll have to file a 129F for a K3 visa. This is the process I'm following.

Any american citizen can be your sponsor, tipically is your fiance or spouse, maybe it can be a permanent resident too, I don't know this.

Good luck, anyway, look up K1 visa and if you decide to get married first CR-1 / K3 visa, these are your options.

I just wanted to point out that you don't have to file the 129F for a K3 Visa....

That's not true unless something has just changed.

I guess that came out wrong... what I meant was it is not mandatory to file for a 129F/k3 visa...

[Marilyn. 340]

Oh ok thanks for clearing that up for me...

So then if we get married and she files for the CR1... i'll get the 2 year GC and be able to move up with her, then eventually I will have to extend the 2 years to 10 years and then how do I go about getting my citizenship and becoming a citizen???

yes, you will get the 2 year green card a few weeks after moving to the US and two years after receiving that card you have to file to remove conditions to get the 10 year green card... (you can file in between 90 days and the day the card expires)...

you can apply to become a citizen 3 years after the first green card... so basically a year after you apply for removal of conditions...

Edited August 1, 2007 by MarilynP

[MargotDarko 0]

Go for K1 Visa, it' called fiance visa, you will have to marry her within 90 days when you enter the US on that visa. So far seems to be the fastest.

If you guys decide to marry than you'll have to apply for CR-1 visa with I-130 and than as soon as you receive the NOA1 from CSC you'll have to file a 129F for a K3 visa. This is the process I'm following.

Any american citizen can be your sponsor, tipically is your fiance or spouse, maybe it can be a permanent resident too, I don't know this.

Good luck, anyway, look up K1 visa and if you decide to get married first CR-1 / K3 visa, these are your options.

I just wanted to point out that you don't have to file the 129F for a K3 Visa....

That's not true unless something has just changed.

I guess that came out wrong... what I meant was it is not mandatory to file for a 129F/k3 visa...

Ah, I see! Yes, that's a good point about how the K3 is just an option.

[Ian05 0]

Would it be better if I get a tourist visa and marry her in the US? Instead of having her file a CR1 or K3???

How would that process be???

Of course if im not able to get a tourist visa, I will have to go ahead with the K1 or K3 if we decide to marry here.

But would the process be faster and/or safer if we get married in the US?

[Marilyn. 340]

Would it be better if I get a tourist visa and marry her in the US? Instead of having her file a CR1 or K3???

How would that process be???

Of course if im not able to get a tourist visa, I will have to go ahead with the K1 or K3 if we decide to marry here.

But would the process be faster and/or safer if we get married in the US?

you could get married in the US but then you would have to go back to your country and you would need to file for the Cr1 or K3 visa...

It is illegal to go to the US with a tourist visa with the intention of marriage and stay and adjust your status...