Question about Change of Status/Spousal Visa

[Texman]

I have an interesting case and was wondering if someone one this board had any input.  I have been a lurker here since July and have picked up some great advice.  What I have learned has saved me lots of money and untold hours of frustration (thank you to the guy who posted the www.callingcards.com website - I probably owe you a small car by now).  Anyway, I have been dating a woman from Brazil for some time, and have made several trips down there to see her.  We have decided to get married in Brazil this upcoming March.  Here is the thing - we started looking into getting her a Spousal Visa (I know, waited a little long) and it was going to be a major hassle to get one before March 7th.  She already has her tourist visa and can visit the USA for 90 days at a time.  Our thinking now is to go ahead and get married in Brazil in March, and for her to travel back with me when I return using her Tourist Visa.  Then we would apply for a change of status when she is here (we may even get married again here so as to have a US marriage certificate).  Has anyone done or tried this?  I called the INS and asked in a round about way what my fiancée and I could do if we got married while she was visiting me here. They mentioned something about filing an I-130 form (Spousal visa) jointly with a I-485 form and send a copy of the marriage certificate.  In this way (I believe) she can stay here with me until the visa is approved and her status is changed from Tourist to Spouse.  The main goal of course is for her to be able to travel back with me in March and then not have to go back to Brazil again in order to return on a Spousal Visa.  We would like to save that extra $1000 for something other than another plane ticket!  Any help will be appreciated.

By the way, here is a link to some pictures of my last trip to Brazil (in November).  Sorry, there are not a lot of women in the pictures, I already have one and was not looking for more  The ugly orange building use to be my house when I lived there with my family as a child.  I assure you, it was much prettier then!

http://briefcase.yahoo.com/texdog@sbcglobal.net

Thanks in advance for the help!

Justin

[Buck]

... in response to Question about Change of Status/Spousal ..., posted by Texman on Jan 5, 2003

Please E-Mail me--twelvebuck@voyager.net

[Texman]

... in response to Question about Change of Status/Spousal ..., posted by Texman on Jan 5, 2003

O.K.  I just called the INS office and talked to "Chad". I was a lot more upfront about what I wanted to do (i.e. get married in Brazil, bring my wife to the USA on her Tourist Visa, Apply for a Spousal Visa (form I-130) and Change of Status (form I-485) while we are in the US).  He said as long as her Tourist Visa is valid, this is perfectly fine.  We would, of course, need to have our marriage certificate translated into English and sent along with the paper work - but other than that, no problems.  This is much better then submitting all the paperwork in Brazil after the marriage and then waiting three months for the Visa!  Thank God she had the foresight to get her 10-year Tourist Visa 6 years ago!  I think I will still buy a round trip ticket for her with a return date set 90 days out from the entry date.  That way her I-94 entrance form is up to snuff.  "Chad" said that as long as we get the I-130 and I-485 forms submitted before the I-94 expires, all is well.  Once these forms are submitted, they then take precedence over the I-94 form.  Then we go through the standard "song and dance" that everyone else who marries a non-USA citizen goes through.  Just thought I would post a follow up to my original question in case anyone else out there had a similar situation going on.  I think I would have had a Spousal Revolt on my hands if I told her she had to wait 90 days to join me in the USA.  She already misses me and wants me to make one more trip in February to see her before the wedding in March!

Justin  

[Michael B]

... in response to Re: Question about Change of Status/Spou..., posted by Texman on Jan 6, 2003

Well, if that's what the INS said, then I stand corrected. Looks like it's going to work out right for you.

[Jeff S]

... in response to Re: Question about Change of Status/Spou..., posted by Texman on Jan 6, 2003

.. make sure the translation of your marriage certificate is done by an "official" recognized translation service. I think I had mine done at the US embassy overseas, or at a service the embassy recommended, as I recall.

- Jeff

[Jeff S]

... in response to Question about Change of Status/Spousal ..., posted by Texman on Jan 5, 2003

.. got married overseas, brought my wife to the US on a tourist visa and then adjusted the status after she arrived. She even had her (and her daughter's) passport changed to show her married name. It was a snap, though - one visit to the INS office, and they stamped her passport and 2 year interim green card came in the mail. Two years later they made an appointment for an interview that lasted maybe 2 minutes, and her permanent green card arrived in the mail after that. The only thing was it was back in the 1980s so I don't know how much the game has changed since, so my experience may not be valid today.

- Jeff S.

[Michael B]

... in response to Question about Change of Status/Spousal ..., posted by Texman on Jan 5, 2003

[This message has been edited by Michael B]

Tough call...technicaly she would be commiting fraud to come in on a tourist visa with the intent of staying forever. And if you get married in Brazil BEFORE she comes here and then try to adjust her status based on the Brazilian marriage certificate, they will have an open and shut case against her. On the other hand, you can't get married TWICE, the US recognizes Brazilian marriages, so you will be violating all kinds of INS regulations and state laws if you try to re-marry after she gets here.

I see 3 options for you: 1) Marry her in Brazil and file for a spouse visa 2) Get her a K-1 visa and marry her after she arrives in USA. Both of these two options are totaly legal and above board (they just take longer and/or cost more) 3) Bring her in (still unmarried) on the tourist visa and marry her after she gets here. This option is "iffy"...if they think you did this simply to avoid options 1 or 2, they may well deny her the right to stay on the 'fraud' grounds, or they might say "OK, but we're really hacked off at you". If you are going to try option 3, you better consult with a good lawyer who specializes in immigration, but what ever you do, DON'T try the orginal plan you outlined, that's just begging for trouble.

Anyway, welcome to the board and good luck.

P.S. I just went and looked at your pix. She's a pretty lady.

[Texman]

... in response to Re: Question about Change of Status/Spou..., posted by Michael B on Jan 5, 2003

Yeah, I figured someone would try to be logical about the whole thing  Actually, you are probably right, I don't want to start this whole thing off on the wrong foot.  No need to upset INS right off the bat.  I guess I need to talk to my Fiancée and discuss what is the best option.  My hands or somewhat tied in that most of my family (including myself) have already bought tickets to be there on the 7th of March.  I had gotten some bad information when I talked to the US Embassy in Brazil on the length of time it took to get the Spousal Visa.  When my Fiancée went back, they gave her a much different answer.  I guess we need to look at a few options.  The trick is you need your Brazilian Marriage certificate before you can apply for your Spousal Visa at the American Embassy.  It then takes up to 3 months (according to what they told her) to get the Visa.  We could just have a regular party on the 7th and apply for a K-1 visa, then get married here. But I still think we would be facing a waiting period and she would not be able to come back with me on the 12th of March.  One other option would be to get married on the 7th as planned, and then buy her a round trip ticket leaving on the same day as me and then returning 90 days later.  It is crazy, but the difference between a one-way ticket from Brazil to the US and a round trip ticket from Brazil/US/back to Brazil is only about $150. She could then enter the US on her tourist visa.  We could apply for Spousal Visa before we leave Brazil and hopefully it will be ready for her when she goes back in three months.  We can even look into changing her status while she is here with me, and if the INS starts to balk, we still are within the letter of the law because she is here on a tourist visa and has a return ticket already purchased. She goes back to Brazil and then comes back on her Spousal Visa.  I guess we will do what we have to do, even if somewhat painful.  I have already experienced a lot of pain dealing with the Brazilian Consulate in Houston in order to get all the paperwork ready for me to legally get married in Brazil, but that is a different and much longer tale....  and thankfully is complete now.

Thanks again,
Justin

[cajunito]

... in response to Re: Re: Question about Change of Status/..., posted by Texman on Jan 5, 2003

Justin,
 Congrats,your girl is pretty..The best option seems to be for you to marry in Brazil,then wait for the visa.. While she is witing for this,she will not be able to leave Brazil,as `yall are going through this process..Sorry the wait is so long,but that`s our wonderful government bean counters at work... By the way,where are you in Texas? I`m in San Antonio....
                                         Paul

[Texman]

... in response to Re: Re: Re: Question about Change of Sta..., posted by cajunito on Jan 6, 2003

I am in Austin.  Lived in Brazil from the age of 7 to 10.  Fell in love with the culture and people (especially the women).  Had a Brazilian nanny that I had a absolute crush on.  Like most on this board, I had an AW experience that wasn't the greatest - decided to go back to my roots and try again.  Luckly, all of my Portuguese came back to me really fast.

[Michael B]

... in response to Re: Re: Question about Change of Status/..., posted by Texman on Jan 5, 2003

"One other option would be to get married on the 7th as planned, and then buy her a round trip ticket leaving on the same day as me and then returning 90 days later............She could then enter the US on her tourist visa. We could apply for Spousal Visa before we leave Brazil and hopefully it will be ready for her when she goes back in three months"

That sounds like your best bet if you want to spend your honeymoon together in the USA, even though it will set you back the price of another RT ticket. As you're finding out, nobody said this process would be easy or inexpensive or that the gov't would act with any logic.