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rafael777

US Citizen with a stable union in Brazil to a Brazilian resident.

By rafael777 in What Visa Do I Need - Family Based Immigration

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rafael777 Newbie

rafael777   0

Posted
Filed: Other Country: Brazil
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Posted

Hi, wondering what's the best approach. 

Im in a certified Brazilian stable union, not married, to a Brazilian national. 

Im a US citizen.

She tried to apply for a tourist visa and it was denied. We want to move to the U.S.
is the K1 fiancé visa the best approach for us? or should we convert this stable union in Brazil to a marriage and then apply for her green card? 
is the stable union document we have already good enough doc?

 

 

 

 

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YecaCruz Rising Star

YecaCruz   379

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

Get married then file the i130/i485. 

 

K1 has no advantages anymore

 

A Tale of Two Dakotaraguans

K1 Journey - 78 Days

 

Sent I-129F - 11/16/15 [Day 1]
NOA1 - 11/18 (Hard copy: 11/24) [Day 2, Day 8]
NOA2 - 12/18 (Hard copy: 12/26) [Day 32, Day 40]
NVC received file: 1/05/2016 [Day 50] Obtained NVC invoice number, paid visa fee, filled out DS-160: 1/06 [Day 51]
Fiancé's medical: 1/12 9:00am [Day 57]
Interview: 1/22 9:30am, Approved! [67 days] (F)
Visa status on ceac site= "AP": 1/25, "Issued":01/27, "In Transit: 2/02", Visa packet in hand: 2/03 [Day 78]
POE: (Houston) 2/04, North Dakota arrival: 2/05

Married (civil): 2/05/16 (L)

AOS - 55 Days

 

I-485, AP, EAD sent : 3/03/2016 [Day 1]

Delivered: 3/04 [Day 2]

Electronic NOA1: 3/08 [Day 5]  NOA1 Hardcopy rcv'd in mail: 3/12 [Day 9]; Biometric Notification rcv'd in mail: 3/26 [Day 23]; Biometrics Appt: 4/06 in Fargo, ND [Day 33]

Notification(s): "Your new card is being produced" 4/23 [Day 48] ; "Your case was approved" 4/26 [Day 51]; "Your card was mailed on 4/27" 4/28 [Day 53]

Green Card in Hand: 4/30 [Day 55]

D-day ("Dress day"/I do...again Day/wedding reception): 9/10/16

ROC - 390 days 

Spoiler

Window opens: 1/24/2018

Package sent: 1/26, Delivered on 1/29 at 11:17am to CSC - [Day 1]

Check cashed: 1/31 [Day 3]

NOA1: 1/29 [Day 1]; NOA rcv'd in mail: 2/02 [Day 4]

Biometrics  Sent 5/5, rcv'd in mail 5/12 [Day 107]

Biometrics appt: Not required

18 Month extension letter received, dated 8/18: 8/24/18 [Day 211]

"New Card Being Produced" - 2/11/19 [Day 382], email "we mailed your card on 2/14" - 2/15

Card arrived: 2/19/19 [Day 390]

Citizenship - 643 Days

Spoiler

Window opens: 01/24/2019

E-file: 01/28/2019 [Day 1]

Biometrics = scheduled: 02/01 [Day 4], view uploaded document: 02/05 [Day 8], appointment day: 02/19 [Day 22] In Fargo, ND

Interview scheduled notification online: 9/3/20 [Day 585]

Interview in Minneapolis, MN: 10/20/20 [Day 632] at 12:15 PM: passed/approved

Oath Ceremony: scheduled 10/20, view letter online 10/21

Oath : Fargo, ND 2:15pm at sanctuary events center. No guests allowed

 

1808 total days of thinking about/waiting for immigrations!

Applied for US Passport 11/4/2020, application approved 1/26/21, passport and naturalization cert received in mailbox: 1/28/21 📘

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powerpuff Veteran

powerpuff   6,697

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted

*** Topic moved to What Visa Do I need forum as OP is asking about options ***
 

10 minutes ago, YecaCruz said:

Get married then file the i130/i485. 

 

K1 has no advantages anymore

 

Agreed regarding K1. Regarding sponsoring a spouse, I-485 is not applicable as that’s for those who are adjusting within the US. So that leaves I-130/I-130a only.

 

 

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YecaCruz Rising Star

YecaCruz   379

Posted
Filed: Citizen (apr) Country: Nicaragua
 Timeline
Posted
2 minutes ago, powerpuff said:

*** Topic moved to What Visa Do I need forum as OP is asking about options ***
 

Agreed regarding K1. Regarding sponsoring a spouse, I-485 is not applicable as that’s for those who are adjusting within the US. So that leaves I-130/I-130a only.

Ah thanks for that quick correction!

A Tale of Two Dakotaraguans

K1 Journey - 78 Days

 

Sent I-129F - 11/16/15 [Day 1]
NOA1 - 11/18 (Hard copy: 11/24) [Day 2, Day 8]
NOA2 - 12/18 (Hard copy: 12/26) [Day 32, Day 40]
NVC received file: 1/05/2016 [Day 50] Obtained NVC invoice number, paid visa fee, filled out DS-160: 1/06 [Day 51]
Fiancé's medical: 1/12 9:00am [Day 57]
Interview: 1/22 9:30am, Approved! [67 days] (F)
Visa status on ceac site= "AP": 1/25, "Issued":01/27, "In Transit: 2/02", Visa packet in hand: 2/03 [Day 78]
POE: (Houston) 2/04, North Dakota arrival: 2/05

Married (civil): 2/05/16 (L)

AOS - 55 Days

 

I-485, AP, EAD sent : 3/03/2016 [Day 1]

Delivered: 3/04 [Day 2]

Electronic NOA1: 3/08 [Day 5]  NOA1 Hardcopy rcv'd in mail: 3/12 [Day 9]; Biometric Notification rcv'd in mail: 3/26 [Day 23]; Biometrics Appt: 4/06 in Fargo, ND [Day 33]

Notification(s): "Your new card is being produced" 4/23 [Day 48] ; "Your case was approved" 4/26 [Day 51]; "Your card was mailed on 4/27" 4/28 [Day 53]

Green Card in Hand: 4/30 [Day 55]

D-day ("Dress day"/I do...again Day/wedding reception): 9/10/16

ROC - 390 days 

Spoiler

Window opens: 1/24/2018

Package sent: 1/26, Delivered on 1/29 at 11:17am to CSC - [Day 1]

Check cashed: 1/31 [Day 3]

NOA1: 1/29 [Day 1]; NOA rcv'd in mail: 2/02 [Day 4]

Biometrics  Sent 5/5, rcv'd in mail 5/12 [Day 107]

Biometrics appt: Not required

18 Month extension letter received, dated 8/18: 8/24/18 [Day 211]

"New Card Being Produced" - 2/11/19 [Day 382], email "we mailed your card on 2/14" - 2/15

Card arrived: 2/19/19 [Day 390]

Citizenship - 643 Days

Spoiler

Window opens: 01/24/2019

E-file: 01/28/2019 [Day 1]

Biometrics = scheduled: 02/01 [Day 4], view uploaded document: 02/05 [Day 8], appointment day: 02/19 [Day 22] In Fargo, ND

Interview scheduled notification online: 9/3/20 [Day 585]

Interview in Minneapolis, MN: 10/20/20 [Day 632] at 12:15 PM: passed/approved

Oath Ceremony: scheduled 10/20, view letter online 10/21

Oath : Fargo, ND 2:15pm at sanctuary events center. No guests allowed

 

1808 total days of thinking about/waiting for immigrations!

Applied for US Passport 11/4/2020, application approved 1/26/21, passport and naturalization cert received in mailbox: 1/28/21 📘

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carmel34 Experienced

carmel34   3,621

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
17 hours ago, rafael777 said:

should we convert this stable union in Brazil to a marriage and then apply for her green card?

This is the best way.  CR-1 is far superior to K-1.  Get married in Brazil, then start the spousal visa process.  It will take 1-2 years from filing the I-130 petition to the visa interview in Rio.  You will need to have sufficient US-based income to be her financial sponsor, liquid financial assets, or find a qualified joint sponsor in the US. Good luck!

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JaredShadkin Contributor

JaredShadkin   63

Posted
Filed: K-1 Visa Country: Spain
 Timeline
Posted

Absolutely agree with CR-1 versus K-1 Route. Although the CR-1 will take slightly longer (a negligible amount), you are saving so much time, money, and stress at the end of the day by doing the CR-1.

I don't regret doing the K-1 route, as it was the right thing for us to do at the time, but certainly wouldn't recommend it to others based off of my experience. 

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