Fastest way to get my Brazilian spouse a green card?

[XandreBrazil]

I am an American citizen living in Brazil, and am a permanent resident in Brazil as well. I am married to a Brazilian national (we were married in the US, but have been living in Brazil for two years).

We would like to move to the US, which involves getting a green card for my wife. Our goal is not to be separated for long periods during the process. My questions would be the following:

1-The apparently fastest option would be for my wife to come to the US on her existing tourist visa, stay in the US together, and apply for an adjustment of status. However, I am concerned that coming here on a tourist visa could risk her being accused of visa fraud, since she has a child who will have to come with us when she enters on the tourist visa. A trusted immigration lawyer says this option is fairly safe, but there is apparently an outside risk of her getting in trouble, since the INS might argue she entered here with the intent to get permanent status. How risky is this option?

2-The second option is the K-3 visa, but my lawyer says this could take up to a year. What is the real processing time for the K-3 for Brazilians? Can we cut short that process by using the "Direct Consular Application" (apparently available to American citizens who are permanent residents of the foreign country)? Is there any advantage to the K-3 over just applying directly for the green card, from Brazil? If they both take the same amount of time, why do the K-3 at all?

3-If we go the K-3 route, and end up waiting in Brazil for a long time for the green card, can my wife travel to the US periodically on her tourist visa, so we can maximize our time together? What will happen at the POE, and will they see her pending permanent visa application on the computer? We can live in Brazil of course, but I want as much time together in the USA as possible.

Thank you!

[Re&Ni]

Fastest way to get my Brazilian spouse a green card?

I know only what i find out looking for my self. Doing research.
What i saw in same brazilian forum website. There was some case like yours that the couple was living in Brasil. I didnt take too much from there because was not my case.
About k3 and cr1(that is the full deal. With the green Card): I think, not sure if i am right, that the K3 was created To be faster way To get the spouse Than the cr1, because the Cr1 was taking too long but now Looks like they are almost Done at the same time. But i saw that for k3 and cr1 application is that the beginning is almost the same so i saw that they do the application and decide later which road will take later. I saw that in the braZilian website. I don't know if i can say the site name here. But You can Google imigrar that You can find. There You probably find more help in your case.

About the Direct Consular Filling. I think To do that in Brazil is not that easy because here don't have the USCIS office. so in special cases they take To a closer office in south America that is in Peru. But You HAVE To have some special case. You can find more in the brazilian Embassy.


This is about DCF. IN Brazil that is on the Embassy website. Is in portuguese because is from the America Embassy in BRAZIL
Entrada Excepcional para I-130 na Embaixada ou em um dos Consulados dos EUA no Brasil
Um cidadão americano que resida no Brasil, e que pretenda submeter excepcionalmente um formulário I-130 na Embaixada ou em um dos Consulados dos EUA nesse país, caso considere que seu caso mereça uma exceção, deve entrar em contato com o Setor de Vistos de Imigrantes no Consulado dos Estados Unidos no Rio de Janeiro através do e-mail: [email protected], explicando detalhadamente as circunstâncias particulares de seu caso. Cada pedido sera avaliado individualmente.

O Setor de Vistos de Imigrantes no Rio transmitirá o pedido de exceção para o escritório do USCIS em Lima, Peru. A avaliação das circunstâncias excepcionais apresentadas e a decisão que garante o tratamento excepcional caberá inteiramente ao escritório do USCIS em Lima. Para orientação do USCIS sobre as circunstâncias que podem qualificar os casos como excepcionais, por favor clique aqui.



As i told before i only research for my case. So What i know is something that i read here and there. Hope that help You a little bit.