So you fell in love with a Brazilian

I've found that a significant percentage of my readers, and a large number of Americans interested in Brazil, happen to be the significant other or spouse of a Brazilian. WIth increased contact between the two countries and Internet technology, American-Brazilian couples are likely to increase in number.

So with that in mind, I've decided to set aside a section for visa issues, specifically, a how-to guide on the K-1 visa to the US, which allows fiances of American citizens to emigrate to the US. It seems daunting at first, but as it turns out, it's an excellent and somewhat unique option for inter-national couples.

The first step is falling in love with a Brazilian. Not very difficult, actually. But this is an important step. Don't even think about trying to abuse this visa to get someone into the US for money or convenience; it only makes it harder for us legitimate couples to have a smoother, more fair process, and for Americans to exercise their rights to help family members emigrate. You also must be sure you want to invest in a long-term relationship with the person (and get married!) because not only must you marry once the fiance arrives in the US, but you must survive the visa and immigration process together without killing each other. (Also note--you must have met the person within two years of applying for the visa).

The next step is to familiarize yourself with the process. One of the best US visa websites out there is VisaJourney.com, which has been my "K-1 for Dummies" guide through the whole process. It has step-by-step guides, forums, timelines, US immigration forms, and pretty much everything you need to figure out how to do the K-1 and other immigration visas. Lots of people hire lawyers to do the K-1 for them, but the truth is, it's not necessary. Typically, this visa takes six months to get, which is better than the marriage visa, which can take between 6 and 18 months to get (I've heard various things).

Once you've taken a look at how the process works, you will probably feel somewhat frazzled and won't know exactly what to do next. But fear not! It seems complicated, but it's a lot more straightforward than it seems.

See BIG STEP #1 of the process after the jump.

Big Step 1:
For the first part of the K-1 visa, you must put together an I-129F package to send to USCIS, US Immigration Services. [Click the link above to see examples of all the documents below] Everything must be in English.

This includes*:

-a filled-out I-129F form (for US citizens--if you are living abroad, you must include a permanent address in the US for Question 2)

-2 filled out G-325A forms (one for you, and one for your fiance)

-a $455 check made out to USCIS

-a signed and dated cover letter, explaining the visa you're applying for and a table of contents of the documents included in the package

-a signed and dated declaration stating how you met your fiance in the last two years

-2 original letters (one from you, one from your fiance), stating you plan to marry within 90 days of your fiance entering the United States

-physical proof of having met your fiance in the past two years, as well as proof of relationship (photos, plane tickets, emails, IM conversations, etc) Everything must be translated into English!

-two passport-style photos (one of you, one of your fiance), with your names written on the back and clipped to the corresponding G-325A form

-copy of the U.S. citizen's birth certificate or a copy of all pages of the U.S. citizen's passport

*If you changed your name, are divorced, widowed, or have been convicted of a crime, you'll have more stuff to include. See here.

Next post: Big Step #2: putting it all together, sending it in, and the big wait.

Comments

[Ernest Barteldes]

I went through a similar process - my first wife was Brazilian, and we had to file all the stuff. I had no previous US income history, so it took three years
for everything to come through. I believe the wait (specially because few US corporations will give high-paying jobs to people with work authorizations - don't ask me why this happens, but it's one of those dirty little secrets no one tells you about) was one of the reasons that led to our breakup.

I am now married to a Polish woman. We had to go through the process again, but this time around it was much smoother. I guess the immigration officer noticed that we were a bona-fide couple, and the fact that I had had a steady income in the US since 2001 was a good thing. Her Green Card (why do they call it this name? It was never green as far as I know) came through just weeks after we'd filed all the pertinent documentation.

But it IS a hassle - to have your life investigated like that feels like an audit. And that is because of all the fraudulent cases going around. Pity.

[Julie]

Rachel,
I'm so glad you decided to post about this. I was wondering if you would. My situation is a little different because I met my Brazilian boyfriend after he was already in the states. Since he is currently in the process of getting a work visa, it makes things a little confusing for us because we do want to get married in the future. So if he gets his work visa, and then we get engaged, does he have to apply for a whole different visa? Do you know anything about that? Every time I try to research this stuff, I get so overwhelmed by the amount of information. I'll definitely check out the website that you gave though.
I'm glad everything worked out for you and Eli :)

Julie

[Ernest Barteldes]

Julie

As far as I know, you do not need to rush into marriage in this case, since he is already getting a work visa. Once you decide to tie the knot, you just have
to file for adjustment of status (check ICE's website, it's quite comprehensive.

[Ray Adkins]

Julie,

You might not have to do anything...once your marriage takes place after he already got a work VISA.
Now, if his work VISA won't grant him citizenship, you shoul initiate a regular procedure to get him a greencard based on your marriage.
But, these rules change all the time, you should most definitely give the USCIS a call and ask them, they have improved their customer service in recent years and are usually very helpful.

[Mei]

I was married in Brazil, and my husband's U.S. permanent resident visa approval came through in about 3 months. In my opinion, it was a smarter way to go, because I didn't have to pay for a fiance visa and then file the paperwork to adjust status once in the States. When we arrived in the States, the green card came in the mail soon after.

The only problem? I missed out on my big American dream wedding!

[Julie]

Thanks for the tips guys!! I really appreciate it. And we'll definitely check into all of this again.

[Leslie]

Thanks, Rachel! My Dominican boyfriend and I are going to start this process and you've given me a great indication of what I need to get started.

[Roberta Ferreira]

That is really nice Rachel. and I would like the site users opinion in my case, if it is ok. I am a Brazilian and will enter the US on a tourist (b2) VISA in January. My boyfriend is an american citzen and we plan to get married in the US after a couple of months once I get into the US. Then we will apply for the Green Card after that. Do you know anyone that successfully (or not)have done that? Do you guys have any suggestions or tips for us?
I am completly in love!!1 :-) We want to skip the K1 or K3 step since I will be in the US already.
Thanks a lot.
Roberta

[Whitney]

Hello,
to all of those readers out there, I just wanted to state that I am married to a brazilian. We've been together for four years and married for two. The process if intense, the overall lump sum was about 3000 dollars and the interviews with the immigration people are horrible! all in all it was an experience I won't forget, but definetely not an easy one, for sure! It was all worth it though :)

[Lorraine]

Hello everyone! I am an American who married my husband in Brazil. We are planning on coming back to the states together as soon as possible. In order to do this from brazil I had to get permanent residency in Brazil first. The federal police said I have another 90 days to wait. Then we can file for my husbands visa to the states. Has anyone gone this route? How long does it really take? I´m so home sick!!!!!