Mark

I have been dating my girlfriend for many years and have decieded to ask her to marry me - which thankfully she agreed. She lives in Brazil, I an a US resident.

We are planning to get married in Brazil, and then file I-130, once it is approved then file 1-129F (the same form that is used for the Fianc�e K-1 visa, but in this case for a Temporary Spouse K-3 visa) With the approved I-129F, my then wife obtains the temporary visa to enter the US, and then we apply for permanent residence.

My cousel said it could take about 5 months for this to get approved. But I heard today that sometimes it can be years! YIKES

We have already planned a big wedding of about 150 people in March 2006 in Brazil. But I would hate to have to be stuck in red tape over the course of years to have her come to the States.

Any advice, or help would be greatfully appreciated and/or tips. I was told I should also save all the letters and correspondence over the time we have known other. Please help.



----== Posted via Newsfeeds.Com - Unlimited-Unrestricted-Secure Usenet News==----
http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups
----= East and West-Coast Server Farms - Total Privacy via Encryption =----

Noorah101

Hi Mark,

You don't need to have an *approved* I-130 in order to file the I-129F for the K-3. You just need to have the *receipt* (the NOA) from the I-130, to include with the I-129F package. That makes a big difference.

I don't know how fast Brazil's process is, but in general, the I-130's have sped up quite a bit recently, so you may end up having that get processed even before the I-129F.

As far as how long the whole thing takes, it's anyone's guess. But really you have no choice, once you marry you just have to wait as long as it takes. You should mentally prepare yourselves in case it does take a year.

Best Wishes,
Rene

Just Jenney

I'm not sure why your attorney told you it would take only a few months. Since you're only a permanent resident, it will take a LONG time, aka years. You might want to wait until you are able to naturalize before going down this path. How long would that take?

~ Jenney

Noorah101

Good catch, Jenney. I assumed he meant he is a USC.

Rene

Just Jenney

I thought so at first, too, but then it doesn't make any sense why he would hear from people that it would take years for a US citizen to bring their spouse from another country like Brazil. A year, maybe, but not YEARS.

Plus I don't know why someone who is a US citizen would refer to themselves as a US resident. I've never referred to myself as a resident, only as a citizen, because that's what I am.

Who knows? Hopefully the OP will come back and clarify.

~ Jenney

meauxna

Well, he didn't say he's a US PERMANENT resident, and hopefully his lawyer isn't SO unethical as to tell him that he could petition for a K-3 as an LPR.

I'm going with: he IS a US citizen, and he didn't know it was an important distinction. If he were an LPR, he also wouldn't have used 'resident'.

Mark,
No matter what your lawyer told you, triple check it. I think that you will find that from marriage to Brazilian wife walking over the US border will more realistically be 9+ months based on current timelines, and Rene's one year is realistic as well.
If your lawyer guarantees that we don't know what we're talking about, surf yoruself over to visajourney.com and look at the average wait time for an I-129f for a spouse--they are real reports from real people.

ian-mstm

I'm a bit surprised that no one else noticed that his wedding date passed by 6 months ago! I suppose it's possible, in the grand time/space scheme of things, that he's living in the past... as so many of us do from time to time.

Ian

Just Jenney

Maybe he's Doctor Who! (cue the spooky theme music...)

~ Jenney

Noorah101

hahaha...how funny that we read right over the typo!

Rene

Folinskyinla

Hi:

I sure hope you meant March 200-SEVEN -- I know that in my court work, the Immigration Judges are making that mistake a lot.

Please note that I did a "DCF" for Rio at the beginning of 2005. However, direct consular filing is an ephemeral thing -- you might want to check it out.

BTW, you might want to consider doing a civil wedding now to get the ball rolling and then enter after the "big" public wedding.

meauxna

MrF, you know I think that's an excellent idea.
Did you have to show any sort of emergency for your client to qualify in Rio?

I won't quote you, but I might link to this thread.
thanks.


Mark: pay attention to both ideas!

Folinskyinla

Hi:

It was pretty straight up DCF -- however, we had to file an I-601/I-212 package upon the prompt visa refusal -- it was then sent to Lima for adjudication. It took about 15 months in all -- most of which was on the waiver.

We did NOT have to show any emergency. All I was saying was that at that time Rio did DCF. I have no idea if there is any change in policy.

couriousana

I'm kind of new on the immigration options and rules... but IMHO, wouldn't it be better for Mark's fiancee to just apply for a K-1 (fiancee) visa, which would take less time than the spouse visa? He and his wife could just have their religous ceremony in Brazil next year, and then once having the K-1 visa she could come to US, marry and adjust status. I have the feeling that marrying abroad is not the best option if the couple wants to live in US afterwards. My apologies if I said something stupid...

scrubbedexpat099

Depends if he is a USC or not.

Depends if a Religous ceremoney is legally valid in Brazil, it is in many countries.

Noorah101

Yep, and also depends on if they've seen each other in person within the past 2 years.

Rene