# Marry in Brazil or in the USA?



## florzinha (Sep 8, 2014)

Hey, guys, my situation is my boyfriend (American citizen) and I (Brazilian) want to get married in the upcoming months and I would come and live here in the US with him.

We have been together for about 6 months (yes I know its not a lot), instead of the 2 year minimum requirement. In that case, can we get MARRIED in the US while Im on a visitor visa and then apply for a SPOUSE visa OR get married in Brazil and then apply for a spouse visa?? Or none of them?

Did anyone go through a situation like this??

Thank you, guys!!


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## Crawford (Jan 23, 2011)

You can get married in the US (no special visa needed) then YOU the Brazilian returns to Brazil and applies for the spouse visa.

You get married in Brazil (don't know how easy that is) and then you remain in Brazil and apply for the spouse visa.

Getting the spouse visa takes about 8 to 12 months, you can visit in the meantime.

You can't apply for the spouse visa while in the US as a visitor.


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## Davis1 (Feb 20, 2009)

SPOUSAL VISA
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


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## florzinha (Sep 8, 2014)

Thank you, Crawford and Davis1.

If I can visit while the spouse visa gets processed, how often and how long can I stay here?? a few months at least?? Thank you !


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## twostep (Apr 3, 2008)

florzinha said:


> Thank you, Crawford and Davis1.
> 
> If I can visit while the spouse visa gets processed, how often and how long can I stay here?? a few months at least?? Thank you !


Brazil does not qualify for Visa Waiver Program. Personally I would not risk a B2 visa denial which in K1 or CR1 process. Have him visit you in Brazil.


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## florzinha (Sep 8, 2014)

I see... but is there a way we can be together during the process?? I read this at Forbes:



> For example, an I-130 petition by a U.S. citizen (USC) to sponsor their foreign spouse takes about five months. Might sound fair. But that is not the end of the journey. For foreign spouses inside the U.S., once the petition is approved, that foreign spouse has to adjust their current visitor, worker or student status to permanent residency. That part of the application, the adjustment, currently takes about five months, too. In other words, on average, the whole process is going to take you about a year.



Do this case not apply for my situation too? Thank you


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## Crawford (Jan 23, 2011)

florzinha said:


> I see... but is there a way we can be together during the process?? I read this at Forbes:
> 
> 
> 
> ...


No this does not apply to you. You do not have a student or worker visa. 

If you enter the US as a visitor, *with the intention of marrying and remaining*, this would be regarded as abusing the visitor status and could result in you not being approved for a spouse visa.

Be patient and do the right thing - apply from Brazil and wait until the visa is approved.


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## florzinha (Sep 8, 2014)

I see... and how long does that usually take?? Up to how many months? Thank you =)


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## twostep (Apr 3, 2008)

florzinha said:


> I see... and how long does that usually take?? Up to how many months? Thank you =)


Fiancé - K1 visa
Apply while you are in Brazil, once approved get married in the US, adjust status to Green Card

Spouse - CR1 
Get married where you want, you stay in Brazil, go to the required interviews at they US Embassy, enter the US and get your Green Card status at point of entry

Either one will be between 9 to 12 months under perfect conditions.


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## florzinha (Sep 8, 2014)

Thanks again, twostep.

My boyfriend and I, however, havent met in person for 2 years, which is one of the requirements for the K1 visa. 

In addition, I have also read something about the K3 visa instead of the CR1.

Also, are the processing times shorter in some US states than in others??

Thank you


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## twostep (Apr 3, 2008)

florzinha said:


> Thanks again, twostep.
> 
> My boyfriend and I, however, havent met in person for 2 years, which is one of the requirements for the K1 visa.
> 
> ...


K3 is pretty much obsolete. Anything goes wrong - there is no recourse.

You have no choice of processing center.


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