Strange K1 question - dual citizenship
Dec 27th 2003, 4:38 pm
#1
Guest
Posts: n/a
Strange K1 question - dual citizenship
Fellows, I'm currently filing an I-129F on behalf of my fiancee in
Brazil.
I am a divorced dual citizen (US/Brazil). According to all
requirements for I-129F, I'm fully elegible to request a K1 for my
fiancee. And she should have no impediments on her side.
But this is my problem: being still a citizen of Brazil, I was told by
the Brazilian Consulate that I have to register my previous marriage
and my divorce in Brazil, so both are to be recognized there. (I
married and divorced in the US). My divorce is perfectly legal in the
US, so my I129-F should be approved w/out any problems. Question: will
the embassy/consulate in Brazil (Rio) demand to see my Brazilian
divorce papers during my fiancees interview? I was told that the US
accepts by do not recognize my other citizenship (Brazilian), in that
case, why would they enforce Brazilian laws during the fiancee
process? Also - isn't the process in the consulate all about the
immigrant - my status at that point shouldn't matter anymore, since it
was already approved by the USCIS back home - correct?
Any words, ideas, etc?
PS - Registering my divorce in Brazil would take years.
Marcelo
Brazil.
I am a divorced dual citizen (US/Brazil). According to all
requirements for I-129F, I'm fully elegible to request a K1 for my
fiancee. And she should have no impediments on her side.
But this is my problem: being still a citizen of Brazil, I was told by
the Brazilian Consulate that I have to register my previous marriage
and my divorce in Brazil, so both are to be recognized there. (I
married and divorced in the US). My divorce is perfectly legal in the
US, so my I129-F should be approved w/out any problems. Question: will
the embassy/consulate in Brazil (Rio) demand to see my Brazilian
divorce papers during my fiancees interview? I was told that the US
accepts by do not recognize my other citizenship (Brazilian), in that
case, why would they enforce Brazilian laws during the fiancee
process? Also - isn't the process in the consulate all about the
immigrant - my status at that point shouldn't matter anymore, since it
was already approved by the USCIS back home - correct?
Any words, ideas, etc?
PS - Registering my divorce in Brazil would take years.
Marcelo
Dec 27th 2003, 11:48 pm
#2
Guest
Posts: n/a
Re: Strange K1 question - dual citizenship
You are filing to an American agency only concerned with American issues
that abide by American law!
that abide by American law!
Dec 28th 2003, 2:56 pm
#3
Guest
Posts: n/a
Re: Strange K1 question - dual citizenship
I tried the same route in Argentina. to be married there, but it wasnt
needed to be married in the US. Only her divorce is questioned. INS
has all the info on you ifyou are US citizen
On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
>Fellows, I'm currently filing an I-129F on behalf of my fiancee in
>Brazil.
>I am a divorced dual citizen (US/Brazil). According to all
>requirements for I-129F, I'm fully elegible to request a K1 for my
>fiancee. And she should have no impediments on her side.
>But this is my problem: being still a citizen of Brazil, I was told by
>the Brazilian Consulate that I have to register my previous marriage
>and my divorce in Brazil, so both are to be recognized there. (I
>married and divorced in the US). My divorce is perfectly legal in the
>US, so my I129-F should be approved w/out any problems. Question: will
>the embassy/consulate in Brazil (Rio) demand to see my Brazilian
>divorce papers during my fiancees interview? I was told that the US
>accepts by do not recognize my other citizenship (Brazilian), in that
>case, why would they enforce Brazilian laws during the fiancee
>process? Also - isn't the process in the consulate all about the
>immigrant - my status at that point shouldn't matter anymore, since it
>was already approved by the USCIS back home - correct?
>Any words, ideas, etc?
>PS - Registering my divorce in Brazil would take years.
>Marcelo
needed to be married in the US. Only her divorce is questioned. INS
has all the info on you ifyou are US citizen
On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
>Fellows, I'm currently filing an I-129F on behalf of my fiancee in
>Brazil.
>I am a divorced dual citizen (US/Brazil). According to all
>requirements for I-129F, I'm fully elegible to request a K1 for my
>fiancee. And she should have no impediments on her side.
>But this is my problem: being still a citizen of Brazil, I was told by
>the Brazilian Consulate that I have to register my previous marriage
>and my divorce in Brazil, so both are to be recognized there. (I
>married and divorced in the US). My divorce is perfectly legal in the
>US, so my I129-F should be approved w/out any problems. Question: will
>the embassy/consulate in Brazil (Rio) demand to see my Brazilian
>divorce papers during my fiancees interview? I was told that the US
>accepts by do not recognize my other citizenship (Brazilian), in that
>case, why would they enforce Brazilian laws during the fiancee
>process? Also - isn't the process in the consulate all about the
>immigrant - my status at that point shouldn't matter anymore, since it
>was already approved by the USCIS back home - correct?
>Any words, ideas, etc?
>PS - Registering my divorce in Brazil would take years.
>Marcelo
Dec 28th 2003, 4:01 pm
#4
Guest
Posts: n/a
Re: Strange K1 question - dual citizenship
A lawyer told me to get married in Brazil when I was there last Nov so the
process would be faster (K3 via LIFE act, direct consular filing). That's
when I found out all the problems. I could get married in Brazil, but my
marriage certificate would read "single" as opposed to "divorced" (since Br
has no records of my marriage/divorce in the US). I called the US consulate
in Rio and inquired about this problem, but got no clear answer.
Ultimatelly, I decided that it would be too much of a breach of local law
not to be worthed, plus the US Consulate might not like the fact that a
divorced US citizen is marrying abroad claiming to be single. So I chose the
(slower) K1 route. I just hope that this issue won't cause problems. As I
see by the replies to my original post, it shouldn't.
"Mike Jackson" <[email protected]> wrote in message
news:[email protected]...
> I tried the same route in Argentina. to be married there, but it wasnt
> needed to be married in the US. Only her divorce is questioned. INS
> has all the info on you ifyou are US citizen
> On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
> >Fellows, I'm currently filing an I-129F on behalf of my fiancee in
> >Brazil.
> >
> >I am a divorced dual citizen (US/Brazil). According to all
> >requirements for I-129F, I'm fully elegible to request a K1 for my
> >fiancee. And she should have no impediments on her side.
> >
> >But this is my problem: being still a citizen of Brazil, I was told by
> >the Brazilian Consulate that I have to register my previous marriage
> >and my divorce in Brazil, so both are to be recognized there. (I
> >married and divorced in the US). My divorce is perfectly legal in the
> >US, so my I129-F should be approved w/out any problems. Question: will
> >the embassy/consulate in Brazil (Rio) demand to see my Brazilian
> >divorce papers during my fiancees interview? I was told that the US
> >accepts by do not recognize my other citizenship (Brazilian), in that
> >case, why would they enforce Brazilian laws during the fiancee
> >process? Also - isn't the process in the consulate all about the
> >immigrant - my status at that point shouldn't matter anymore, since it
> >was already approved by the USCIS back home - correct?
> >
> >Any words, ideas, etc?
> >
> >PS - Registering my divorce in Brazil would take years.
> >
> >Marcelo
process would be faster (K3 via LIFE act, direct consular filing). That's
when I found out all the problems. I could get married in Brazil, but my
marriage certificate would read "single" as opposed to "divorced" (since Br
has no records of my marriage/divorce in the US). I called the US consulate
in Rio and inquired about this problem, but got no clear answer.
Ultimatelly, I decided that it would be too much of a breach of local law
not to be worthed, plus the US Consulate might not like the fact that a
divorced US citizen is marrying abroad claiming to be single. So I chose the
(slower) K1 route. I just hope that this issue won't cause problems. As I
see by the replies to my original post, it shouldn't.
"Mike Jackson" <[email protected]> wrote in message
news:[email protected]...
> I tried the same route in Argentina. to be married there, but it wasnt
> needed to be married in the US. Only her divorce is questioned. INS
> has all the info on you ifyou are US citizen
> On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
> >Fellows, I'm currently filing an I-129F on behalf of my fiancee in
> >Brazil.
> >
> >I am a divorced dual citizen (US/Brazil). According to all
> >requirements for I-129F, I'm fully elegible to request a K1 for my
> >fiancee. And she should have no impediments on her side.
> >
> >But this is my problem: being still a citizen of Brazil, I was told by
> >the Brazilian Consulate that I have to register my previous marriage
> >and my divorce in Brazil, so both are to be recognized there. (I
> >married and divorced in the US). My divorce is perfectly legal in the
> >US, so my I129-F should be approved w/out any problems. Question: will
> >the embassy/consulate in Brazil (Rio) demand to see my Brazilian
> >divorce papers during my fiancees interview? I was told that the US
> >accepts by do not recognize my other citizenship (Brazilian), in that
> >case, why would they enforce Brazilian laws during the fiancee
> >process? Also - isn't the process in the consulate all about the
> >immigrant - my status at that point shouldn't matter anymore, since it
> >was already approved by the USCIS back home - correct?
> >
> >Any words, ideas, etc?
> >
> >PS - Registering my divorce in Brazil would take years.
> >
> >Marcelo
Apr 5th 2004, 7:45 pm
#5
Guest
Posts: n/a
Re: Strange K1 question - dual citizenship
Originally posted by mlmeira
Fellows, I'm currently filing an I-129F on behalf of my fiancee in
Brazil.
I am a divorced dual citizen (US/Brazil). According to all
requirements for I-129F, I'm fully elegible to request a K1 for my
fiancee. And she should have no impediments on her side.
But this is my problem: being still a citizen of Brazil, I was told by
the Brazilian Consulate that I have to register my previous marriage
and my divorce in Brazil, so both are to be recognized there. (I
married and divorced in the US). My divorce is perfectly legal in the
US, so my I129-F should be approved w/out any problems. Question: will
the embassy/consulate in Brazil (Rio) demand to see my Brazilian
divorce papers during my fiancees interview? I was told that the US
accepts by do not recognize my other citizenship (Brazilian), in that
case, why would they enforce Brazilian laws during the fiancee
process? Also - isn't the process in the consulate all about the
immigrant - my status at that point shouldn't matter anymore, since it
was already approved by the USCIS back home - correct?
Any words, ideas, etc?
PS - Registering my divorce in Brazil would take years.
Marcelo
Fellows, I'm currently filing an I-129F on behalf of my fiancee in
Brazil.
I am a divorced dual citizen (US/Brazil). According to all
requirements for I-129F, I'm fully elegible to request a K1 for my
fiancee. And she should have no impediments on her side.
But this is my problem: being still a citizen of Brazil, I was told by
the Brazilian Consulate that I have to register my previous marriage
and my divorce in Brazil, so both are to be recognized there. (I
married and divorced in the US). My divorce is perfectly legal in the
US, so my I129-F should be approved w/out any problems. Question: will
the embassy/consulate in Brazil (Rio) demand to see my Brazilian
divorce papers during my fiancees interview? I was told that the US
accepts by do not recognize my other citizenship (Brazilian), in that
case, why would they enforce Brazilian laws during the fiancee
process? Also - isn't the process in the consulate all about the
immigrant - my status at that point shouldn't matter anymore, since it
was already approved by the USCIS back home - correct?
Any words, ideas, etc?
PS - Registering my divorce in Brazil would take years.
Marcelo
Jul 14th 2005, 2:06 pm
#6
Forum Regular
Joined: Apr 2005
Posts: 31
Re: Strange K1 question - dual citizenship
What about marrying her in another country. A beach wedding in the Caribbean maybe? Or the US? If you could get her here on a B2 marry her then send her home for DCF that would solve the problem and be legal.
Jul 14th 2005, 2:24 pm
#7
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Strange K1 question - dual citizenship
Originally Posted by Marcelo
A lawyer told me to get married in Brazil when I was there last Nov so the
process would be faster (K3 via LIFE act, direct consular filing). That's
when I found out all the problems. I could get married in Brazil, but my
marriage certificate would read "single" as opposed to "divorced" (since Br
has no records of my marriage/divorce in the US). I called the US consulate
in Rio and inquired about this problem, but got no clear answer.
Ultimatelly, I decided that it would be too much of a breach of local law
not to be worthed, plus the US Consulate might not like the fact that a
divorced US citizen is marrying abroad claiming to be single. So I chose the
(slower) K1 route. I just hope that this issue won't cause problems. As I
see by the replies to my original post, it shouldn't.
"Mike Jackson" <[email protected]> wrote in message
news:[email protected]...
> I tried the same route in Argentina. to be married there, but it wasnt
> needed to be married in the US. Only her divorce is questioned. INS
> has all the info on you ifyou are US citizen
> On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
> >Fellows, I'm currently filing an I-129F on behalf of my fiancee in
> >Brazil.
> >
> >I am a divorced dual citizen (US/Brazil). According to all
> >requirements for I-129F, I'm fully elegible to request a K1 for my
> >fiancee. And she should have no impediments on her side.
> >
> >But this is my problem: being still a citizen of Brazil, I was told by
> >the Brazilian Consulate that I have to register my previous marriage
> >and my divorce in Brazil, so both are to be recognized there. (I
> >married and divorced in the US). My divorce is perfectly legal in the
> >US, so my I129-F should be approved w/out any problems. Question: will
> >the embassy/consulate in Brazil (Rio) demand to see my Brazilian
> >divorce papers during my fiancees interview? I was told that the US
> >accepts by do not recognize my other citizenship (Brazilian), in that
> >case, why would they enforce Brazilian laws during the fiancee
> >process? Also - isn't the process in the consulate all about the
> >immigrant - my status at that point shouldn't matter anymore, since it
> >was already approved by the USCIS back home - correct?
> >
> >Any words, ideas, etc?
> >
> >PS - Registering my divorce in Brazil would take years.
> >
> >Marcelo
process would be faster (K3 via LIFE act, direct consular filing). That's
when I found out all the problems. I could get married in Brazil, but my
marriage certificate would read "single" as opposed to "divorced" (since Br
has no records of my marriage/divorce in the US). I called the US consulate
in Rio and inquired about this problem, but got no clear answer.
Ultimatelly, I decided that it would be too much of a breach of local law
not to be worthed, plus the US Consulate might not like the fact that a
divorced US citizen is marrying abroad claiming to be single. So I chose the
(slower) K1 route. I just hope that this issue won't cause problems. As I
see by the replies to my original post, it shouldn't.
"Mike Jackson" <[email protected]> wrote in message
news:[email protected]...
> I tried the same route in Argentina. to be married there, but it wasnt
> needed to be married in the US. Only her divorce is questioned. INS
> has all the info on you ifyou are US citizen
> On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
> >Fellows, I'm currently filing an I-129F on behalf of my fiancee in
> >Brazil.
> >
> >I am a divorced dual citizen (US/Brazil). According to all
> >requirements for I-129F, I'm fully elegible to request a K1 for my
> >fiancee. And she should have no impediments on her side.
> >
> >But this is my problem: being still a citizen of Brazil, I was told by
> >the Brazilian Consulate that I have to register my previous marriage
> >and my divorce in Brazil, so both are to be recognized there. (I
> >married and divorced in the US). My divorce is perfectly legal in the
> >US, so my I129-F should be approved w/out any problems. Question: will
> >the embassy/consulate in Brazil (Rio) demand to see my Brazilian
> >divorce papers during my fiancees interview? I was told that the US
> >accepts by do not recognize my other citizenship (Brazilian), in that
> >case, why would they enforce Brazilian laws during the fiancee
> >process? Also - isn't the process in the consulate all about the
> >immigrant - my status at that point shouldn't matter anymore, since it
> >was already approved by the USCIS back home - correct?
> >
> >Any words, ideas, etc?
> >
> >PS - Registering my divorce in Brazil would take years.
> >
> >Marcelo
A recent client got married in Brazil and they took an "exemplified" copy of his US divorce decree. [Note: "exemplified" is MORE that mere certification].
Jul 14th 2005, 3:17 pm
#8
Concierge
Joined: Apr 2001
Posts: 46,386
Re: Strange K1 question - dual citizenship
Why do you have to marry in Brazil. Have your fiancee travel to another country where you can meet up and marry. A country that recognizes your status as a divorced American. Then return to Brazil with your wife and file the I-130 at the US Consulate.
BTW the K-3 and direct consular filing are two very different things and have absolutely nothing to do with one another. Plus DCF is a layman's term for filing the I-130 directly with the US Consulate and is not available to USC at all US Consulates worldwide.
BTW the K-3 and direct consular filing are two very different things and have absolutely nothing to do with one another. Plus DCF is a layman's term for filing the I-130 directly with the US Consulate and is not available to USC at all US Consulates worldwide.
Originally Posted by Marcelo
A lawyer told me to get married in Brazil when I was there last Nov so the
process would be faster (K3 via LIFE act, direct consular filing). That's
when I found out all the problems. I could get married in Brazil, but my
marriage certificate would read "single" as opposed to "divorced" (since Br
has no records of my marriage/divorce in the US). I called the US consulate
in Rio and inquired about this problem, but got no clear answer.
Ultimatelly, I decided that it would be too much of a breach of local law
not to be worthed, plus the US Consulate might not like the fact that a
divorced US citizen is marrying abroad claiming to be single. So I chose the
(slower) K1 route. I just hope that this issue won't cause problems. As I
see by the replies to my original post, it shouldn't.
"Mike Jackson" <[email protected]> wrote in message
news:[email protected]...
> I tried the same route in Argentina. to be married there, but it wasnt
> needed to be married in the US. Only her divorce is questioned. INS
> has all the info on you ifyou are US citizen
> On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
> >Fellows, I'm currently filing an I-129F on behalf of my fiancee in
> >Brazil.
> >
> >I am a divorced dual citizen (US/Brazil). According to all
> >requirements for I-129F, I'm fully elegible to request a K1 for my
> >fiancee. And she should have no impediments on her side.
> >
> >But this is my problem: being still a citizen of Brazil, I was told by
> >the Brazilian Consulate that I have to register my previous marriage
> >and my divorce in Brazil, so both are to be recognized there. (I
> >married and divorced in the US). My divorce is perfectly legal in the
> >US, so my I129-F should be approved w/out any problems. Question: will
> >the embassy/consulate in Brazil (Rio) demand to see my Brazilian
> >divorce papers during my fiancees interview? I was told that the US
> >accepts by do not recognize my other citizenship (Brazilian), in that
> >case, why would they enforce Brazilian laws during the fiancee
> >process? Also - isn't the process in the consulate all about the
> >immigrant - my status at that point shouldn't matter anymore, since it
> >was already approved by the USCIS back home - correct?
> >
> >Any words, ideas, etc?
> >
> >PS - Registering my divorce in Brazil would take years.
> >
> >Marcelo
process would be faster (K3 via LIFE act, direct consular filing). That's
when I found out all the problems. I could get married in Brazil, but my
marriage certificate would read "single" as opposed to "divorced" (since Br
has no records of my marriage/divorce in the US). I called the US consulate
in Rio and inquired about this problem, but got no clear answer.
Ultimatelly, I decided that it would be too much of a breach of local law
not to be worthed, plus the US Consulate might not like the fact that a
divorced US citizen is marrying abroad claiming to be single. So I chose the
(slower) K1 route. I just hope that this issue won't cause problems. As I
see by the replies to my original post, it shouldn't.
"Mike Jackson" <[email protected]> wrote in message
news:[email protected]...
> I tried the same route in Argentina. to be married there, but it wasnt
> needed to be married in the US. Only her divorce is questioned. INS
> has all the info on you ifyou are US citizen
> On Sat, 27 Dec 2003 17:38:22 GMT, [email protected] wrote:
> >Fellows, I'm currently filing an I-129F on behalf of my fiancee in
> >Brazil.
> >
> >I am a divorced dual citizen (US/Brazil). According to all
> >requirements for I-129F, I'm fully elegible to request a K1 for my
> >fiancee. And she should have no impediments on her side.
> >
> >But this is my problem: being still a citizen of Brazil, I was told by
> >the Brazilian Consulate that I have to register my previous marriage
> >and my divorce in Brazil, so both are to be recognized there. (I
> >married and divorced in the US). My divorce is perfectly legal in the
> >US, so my I129-F should be approved w/out any problems. Question: will
> >the embassy/consulate in Brazil (Rio) demand to see my Brazilian
> >divorce papers during my fiancees interview? I was told that the US
> >accepts by do not recognize my other citizenship (Brazilian), in that
> >case, why would they enforce Brazilian laws during the fiancee
> >process? Also - isn't the process in the consulate all about the
> >immigrant - my status at that point shouldn't matter anymore, since it
> >was already approved by the USCIS back home - correct?
> >
> >Any words, ideas, etc?
> >
> >PS - Registering my divorce in Brazil would take years.
> >
> >Marcelo
Jul 14th 2005, 5:12 pm
#9
The Missus
Joined: Sep 2002
Location: Northwest of Chicago
Posts: 6,239
Re: Strange K1 question - dual citizenship
Originally Posted by Rete
Why do you have to marry in Brazil. Have your fiancee travel to another country where you can meet up and marry. A country that recognizes your status as a divorced American. Then return to Brazil with your wife and file the I-130 at the US Consulate.
BTW the K-3 and direct consular filing are two very different things and have absolutely nothing to do with one another. Plus DCF is a layman's term for filing the I-130 directly with the US Consulate and is not available to USC at all US Consulates worldwide.
BTW the K-3 and direct consular filing are two very different things and have absolutely nothing to do with one another. Plus DCF is a layman's term for filing the I-130 directly with the US Consulate and is not available to USC at all US Consulates worldwide.
~SecretGarden
Jul 14th 2005, 6:06 pm
#10
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Strange K1 question - dual citizenship
Originally Posted by SecretGarden
Not to take away from the discussion, but did anyone notice that the original post is from 2003?
~SecretGarden
~SecretGarden
I was just about to say the same thing...it's probably all resoved by now!
Rene
