K1/K3/AOS???

Kansas City, MO Viewed 69 times. Posted 9 months ago in Immigration

Hello all,
I've read through a bunch of threads online and still don't know what I should do. There are several similar situations out there but I'd still like to explain my specific situation:

I'm a US citizen and have a Brazilian girlfriend I've been in love with for two years. I'm currently working on a project in Brazil for four months and plan to pop the question sometime soon. After learning how long K1/K3 visa processing times are I realized the sooner the better and I know it's time... I didn't realize the whole visa thing would be such a big hassle but I'm quickly learning otherwise. I'll be coming back to the US after the four months and would like for her to come with me too.

She got her B2 tourist visa in October 2008 and visited my family in December 2008 for the holidays.

The sense I get from reading online is that I should apply for a K1 because it's generally faster these days. She could also visit on her tourist visa during processing time and then return to Brazil for the interview, right? Is it the best option?

I understand the K3 takes even longer and most people recommend going the K1 route. Personally, I would rather get married in Brazil and come back to the States as a couple. If we did marry in Brazil, could she enter on her B2 and then adjust her status later? Please tell me yes... Filing the petition directly with the consulate in Brazil would not be an option for our circumstances because of a 6 month residency requirement.

Either option will no doubt present some logistical problems seeing as I'm currently out of the country. I'll have to rely on the Brazilian post to mail everything back and forth. Not exactly the most speedy or reliable. Any other issues I'll have to worry about being out of the country?

Are there any other options out there?

What advice can you offer me?

Thanks for your input.

Answers (2)

Rachel Baskin

This attorney is licensed in New Jersey and 1 other state. Posted 9 months ago.

Once you are married or file a fiancee visa petition for girlfriend, she will not be able to enter the United States on her tourist visa. One that you can consider is filing for her green card for her while you are in the United States and she waits in Brazil. She will then enter the United States using an immigrant visa (green card). Depending on your status in Brazil right now, and the rules of the Brazilian consulate, you may even be permitted to file the application directly with the consulate. You should consult with an immigration attorney directly to discuss all of your options and decide the best one for you.

Please note that the content of this email does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer

Michael A Harris

This attorney is licensed in Florida. Posted 9 months ago.

You are right in noting that the U.S. Consulate in Brazil may require you to have Brazilian residency before you can file your I-130 directly there. Do you still maintain a residence in the U.S.? If you still have domicile in the U.S., you may be able to file your I-130 or fiance petition in the U.S. and then have your fiance/wife consular process after it is approved and processed by the National Visa Center. Otherwise, the previous attorney is right in noting that marrying your girlfriend and having her enter on a tourist visa, or even having her enter on a tourist visa and then marrying you in the U.S., could be problematic. Issues concerning preconceived intent could also arise if she entered under false premises.

Please contact a reputable law firm for assistance (note: that most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction). Also, our firm is staffed by many Brazilian professionals which may useful for related matters. Please visit my profile and our website for more information about our credentials.