US citizen living abroad all his life and I want to marry my GF with a B1/B2 visa

[matiaslongo]

Hi!!

My name is Matias, I am a US citizen (I was born in Miami, Florida) but I have lived in Argentina since I am 2 years old (I am 30 years old now)!! Now I am actually living in Brazil with my brazilian GF and I want to marry her and go to live to the USA!!!! I have been living with my GF already for 2 years!

Here comes the problem.......I have been trying to find some information to understand which is the best way (faster and easier) to marry my Gf who was a B1/B2 VISA and go back to live in USA, but I can't find anything that explains what do on my situation!!!!

Since I haven't lived in the USA since I am 2 years old and I am actually living in Brazil with my GF, I want to know if going back to USA and marrying there is possible and if its "legal" to ask for and adjustment of status for her holding a B1/B2 VISA. I read that in order to ask for a K3 VISA I have to living in USA right?

If anyone can give my a hint on which is the best way to handle this situation I am gonna be really really thankfull!!! I am going crazy and I don't know what to do.....

Hope to hear soon from someone!!

Best regards,

Matias.

[inadmissible]

Matias,

Congratulations for finding love.

Having her travel on a B visa will cause more trouble than it solves.

If you want to marry her in Brazil, do so, and file for consular processing. You would start by filing Form I-130 and its supplements. Read the form instructions and come back to us for more help.

If you want to marry her in America, use the K1 fiancee process.

As you and your girlfriend have been together for two years now, she will have no problems getting approved by consular officials.

Take care

[matiaslongo]

Hi inadmissible! Thanks for answering so fast!!!!!

I just have one doubt, since I am not in USA (here in Brasil there is no USCIS office), isn't it gonna take like for ages all the process of the K3 or K1 VISA??

I want to move back to USA as soon as possible!!! Marrying her there in the USA with a B VISA is it gonna be THAT trouble (If I can prove that it's totally real and valid our marriage)????

Thanks!!

Hope to hear soon from you!!

Best regards,

Matias.

[inadmissible]

Marrying her there in the USA with a B VISA is it gonna be THAT trouble (If I can prove that it's totally real and valid our marriage)????

Matias, the bona fide nature of your marriage is not relevant to this.

B visas are for the purpose of non-immigrant travel to the United States. At the Port of Entry (ie airport) the Customs and Border Protection officers will question her about her intent to enter the United States. CBP officers are required to uphold the law, which means they will deny entry of someone on a B visa who can not persuade them of their nonimmigrant intent.

They will examine her return ticket and ask her questions about her itinerary. If she says "I'm coming in to marry my citizen husband" she will be denied admission. If she says "I'm here for 3 weeks to visit" then she is a liar who is will be admitted into the United States based on a lie told to an immigration officer.

When she then applies for Adjustment of Status, the immigration officer will question her about the discrepancy between reality and what she told the CBP officer who admitted her. If she can not come up with a satisfactory answer, she will be deemed inadmissible to the United States, and will be denied adjustment of status. Lying to immigration officers results in very harsh consequences. There is a waiver process for these situations, but to be honest she will not meet the requirements of the waiver.

Not every immigration officer will enforce the rules, after all they are human (and mostly foreign born). If you are desperate to bring her to the United States then B->AoS is the way to go. If you are not so desperate, it seems like bad risk management. You have been together for 2 years, what is another year to wait?

Why do you want to get married in a country that you didn't grow up in, and have never lived in? Is she pressuring you so hard to get her into the United States? That would be a red flag.

[matiaslongo]

Hi Inadmissible!!!

First of all thanks for answering so fast and for worrying about me!!! There in no red flag at all, dont worry (I am the one rushing things)!!! I am living here in brazil because of business.....I have created my own marketing agency here, but my plans are going back to live to USA!!! The hurry in all this matter is because I really want to go live there.....I have been living in Argentina and Brasil and now I want to go back.......

My only doubt, to take a K1 or K3 visa for her, do I have to be living in USA? or be a permanent resident in USA? Because i have never really lived there after I was 2 years old!!!! Will that be a problem!!!

Thanks!!

Hope to hear soon from you!!

Best regards,

Matias.

[inadmissible]

Matias,

US citizens who have no ties to the United States face certain obstacles to sponsoring a spouse. The worst case scenario is the petitioner who has never lived there, never voted, never filed tax returns, has no permanent US mailing address, no US bank or brokerage accounts, never had a US driving license or state ID card, no US source income.

In your case, you have a bona fide intent to return to the United States. As part of your preparation process, you will in fact gain sufficient connections to the United States to establish domicile for the purpose of sponsoring a spouse.

I don't know what plans are exactly, but here are some steps you might take ahead of time:

* Arrange for a place to live. You might lease an apartment, or you might arrange to stay with family or friends. As evidence, your family/friend can make an affidavit attesting to the fact they are accommodating you+spouse to live with them.
* Transfer your savings to a US bank/broker (or the US branch of a Brazilian bank). As evidence, you will provide bank/brokerage statements.
* Register to vote go to http://fvap.gov As evidence, go to the county-specific Registrar of Voters website and print out your registration status.
* File federal tax returns for the last three years. Keep printed copies as evidence.
* Create a US LLC to hold shares in your Brazilian and Argentine corporations.

With respect to US domicile, they are stricter about this for spouse visa than for fiancee visa. But the fiancee visa process is involves to steps, getting the fiancee visa abroad then "adjusting" as a spouse after you get married (within 90 days of entry). There is no practical difference in the long run, either way you need to start establishing a life in the US.

[Marius Titulescu]

Hi Mathias,

Did you receive any input? Have sent you a PM, mate.
______________________________________________
Marius

[Marius Titulescu]

Guess not. I've managed to solve the issue, but as far as my legal advisor told me, it really depends on what her status is. If she's an American, there's no problem. If she's not, there's some paper work to do... and lots of it.

[LuisCaviedes]

I have a very similar case. I am also a US Citizen living all my life abroad (Santiago, Chile) with no ties to the US described above, looking to apply a K-1 Visa for my fiance who is also living here in Santiago, Chile.

Matias, could you solve your situation? I would be really thankful if you could give me some advice or guidance.

Thanks a lot!