Visitor Visa question

[mmmata]

Hi

Lots of good information here, I've been stalking the message boards. I decided to post my own situation to see what kind of feed back I would get.

I have a Brazillian girlfriend here on a B2 visitor visa. We're looking to get married. It seems the immigration (USCIS?) people says it would be better for her to return to brazil and we do the fiancee visa. This is what we've planned for...

We've been told by others to just get married, file for the green card and then work on getting her status updated. (changing from visitor to permanent resident).

I guess we're just trying to do this right so we dont run into any problems. I dont want to mess up and get a denial. Is it best to have her go back to brazil and I file for a fiancee visa or get married here and file immediately for a green card/change status to spouse visa? USCIS frowns on this? We're hoping to minimize the 'apart' time.

Also, I was born abroad to two US citizen parents. My dad served in the Navy and my birth certificate says 'US Navy Hospital' , Naples, Italy. I dont have the 'born abroad' form FS 240 and the passport that I used from italy expired and shows my picture at age 3.

I would be looking into getting the FS240 and passport set up when they start asking for this documentation.

phew..ok any feed back much appreciated.

thanks so much

[taco]

Though USCIS frowns on changing from B2 to PR through marriage , it can be done provided your situation allows it. What I mean is this; if both of you met
after she entered US, and are getting married towards the middle or the end of her stay, it would be fine. But if you have been friends before she entered,then it'd be assumed that she had preconceived intent to marry
when she entered and it could create problems. In the latter case, I'd suggest you follow the proper route; the fiancee visa or you could go to brazil with her;get married, come back and file for her immigrant visa.

Hi

Lots of good information here, I've been stalking the message boards. I decided to post my own situation to see what kind of feed back I would get.

I have a Brazillian girlfriend here on a B2 visitor visa. We're looking to get married. It seems the immigration (USCIS?) people says it would be better for her to return to brazil and we do the fiancee visa. This is what we've planned for...

We've been told by others to just get married, file for the green card and then work on getting her status updated. (changing from visitor to permanent resident).

I guess we're just trying to do this right so we dont run into any problems. I dont want to mess up and get a denial. Is it best to have her go back to brazil and I file for a fiancee visa or get married here and file immediately for a green card/change status to spouse visa? USCIS frowns on this? We're hoping to minimize the 'apart' time.

Also, I was born abroad to two US citizen parents. My dad served in the Navy and my birth certificate says 'US Navy Hospital' , Naples, Italy. I dont have the 'born abroad' form FS 240 and the passport that I used from italy expired and shows my picture at age 3.

I would be looking into getting the FS240 and passport set up when they start asking for this documentation.

phew..ok any feed back much appreciated.

thanks so much

[mmmata]

Ahh, when can we apply for the fiancee visa?

Taco

Thanks for your reply.

Do you know when we can/should apply for the fiancee visa? We want to minimize the apart time. If I apply now, (she's still here and her time is up June 5) do the immigration people frown on that? do they know we're applying for this while on a visitor visa?

I can see the immigration people really trying to stop people from trying to change status and I saw on the fiancee form about the 'how did you visit?' and it says you can say you met on a visitor's visa..seems like that's a 'gotcha'..(you end up showing intent..)

I checked with the immigration people and they say the process time is about 3 months (they were working on applications filed in january).

This time was the same for spouse visas too.

Well thanks for your reply..really appreciated.