chiesa78

Hello group,

I'm in a weird situation... I'm brazilian, engaged to an USC for 5
years... he last came see me in february of 2003, when we had a
religious (not legal) ceremony. But due to a new important job he got,
it's impossible for him to come see me. We considered getting married
thru power of attorney, I got information about it and it's possible to
do it, immigration says that has no problem with it as long as the
marriage is "consumated", which will be of course. This way we can meet
up in Rio and get everything done in a couple of days, without causing
problems with his job. He just can't stay here for a week.

What do you all think? Should we do this, or wait until like february
or march until he can come and stay longer? I'm waiting for too long
already, this is stressing me out :)

Thank you for help/support :)

Simone

USA & Pakistan

Why not do a k-1 fiance visa? You just have to prove that you have met in person within the last 2 years (provide pictures and proof of travel), fill out some forms, etc and then you can come to the USA and get married once you are here.

http://www.visajourney.com/faq/

Good Luck!
Marnee

psychobabbler1

Wouldn't they have to get together again, as it's now been nearly 2 1/2 years since they last met in person, and would be more than that by the time she got everything ready to file?

Noorah101

Yes, but her fiance could come visit her once more in Brazil, he just can't stay a whole week. I agree with Marnee, the K-1 would probably be a simpler way of doing it, if he can manage a couple of days to visit her.

Rene

Folinskyinla

Hi:

You have to esbtalish that the law of the "place of celebration" of the marriage allows for "proxy marriages" and then you have to establish that you two had sexual relations after the marriage ceremony.

I have a US/Brazilian couple and the marriage rules in Brazil were quite strict. We have started the DCF to get the show on the road, but we are also doing an I-129 K-3 while we are at it. We have to do an I-212 because of recent summary removal at a US POE. To complicate things, the POE made a fraud finding because she WOULD have lied it the immigration inspectors had asked the right question. That ain't the law, but go figure.

Chiesa78

Thanks for the replies.

We can't do the K-1 because I last saw him over 2 years ago, and if he
is to come see me we will get married here.

I don't have a visa anymore because back in january of 2001 I was
denied entry. They told me I could apply for antoher visa any time, but
I never tried. I didn't have any document issued in my name, as
deportation or removel, I "withdraw" my petition to enter the country
(hehee nice way to put that).

I checked on proxy marriages and it is allowed (I have the list of
documents), the consulate says it is okay (although not common), and we
have over 1 thousand of pages of chats thru messengers, cards, letters,
pictures, etc. We don't have many phone bills since we do
videoconference online to see and talk over the computer.

This is a weird situation, and I'm feeling kinda lost :)

I forgot to say but we're planning on the DCF route.

Thanks again :)

Simone

Folinskyinla

Hi:

For "consummation" you two have to get together and engage in the requisite activity. Please note that you will have to supply suitable evidence that you have done so. In my experience, documentary evidence that you two were in the same city at the same time accompanied by a declaration under penalty of perjury to the effect "On [date], my spouse and I engaged in sexual intercourse" will suffice.

You imply that you can't get into Brazil but you are talking about "consummation" and DCF. That is inconsistent, to say the least.

Chiesa78

Well he can't spend a week here but we are considering only a couple of
days, we would meet in Rio during weekend and go to the consulate on
monday morning, he'd leave the same monday night.

This would be extremely fast, but seems to be a way to get it solved.

Guess I forgot to mention the speedlight trip before :) or I have the
option to wait until march for him to stay a week, but for who's
waiting 5 years for this man I'm getting kinda nuts already. I just
wanna be with him and get things solved.

Thanks again.

Simone


    > Hi:
    > For "consummation" you two have to get together and engage in the
    > requisite activity. Please note that you will have to supply suitable
    > evidence that you have done so. In my experience, documentary evidence
    > that you two were in the same city at the same time accompanied by a
    > declaration under penalty of perjury to the effect "On [date], my spouse
    > and I engaged in sexual intercourse" will suffice.
    > You imply that you can't get into Brazil but you are talking about
    > "consummation" and DCF. That is inconsistent, to say the least.