Posted by Sinbad
On Sunday, May 12, 2002 at 07:06:13
Please, can anyone help me with this issue. I would like to know if it's hard or easy & if it takes a long time to bring a lady & her daughter from Brazil to California. I do intend of marring her first, probably have to marry her there. Any
input would be greately appreciated.
Posted by Patrick
On Monday, May 13, 2002 at 09:47:15
You need to get your information directly from the Immigration and Naturalization Service, either from their website or by visiting their local office where you live. (If you try to call their phone number you will be on hold forever!)
It seems like every immigration case gets treated differently, even when the circumstances are seemingly identical. I am a US citizen and I married a Japanese citizen in 1997. We then went through four years of paperwork until she was finally declared a "permanent resident". Now we don't have to deal with the INS for another ten years until she has to renew her green card. Fortunately, my wife was able to work during the four-year process.
I assume you are a United States citizen and that you have not previously married and divorced a foreign national. If you have, the INS will scrutinize you even more than usual.
Hopefully some other people whose situations more closely parallel yours (i.e., marrying Brazilians with dependents) will also answer your post. But here are my comments based on my experience with the INS:
1) The most "orthodox" way for her and her daughter to immigrate would be for her to apply for a "fiancee visa" in Brazil. The fiancee visa allows her to travel to the United States for the purpose of marrying you. In order to get this visa, she will need to fill out lots of paperwork in Brazil and you, as her sponsor, will have to fill out lots of paperwork in the US. Don't be surprised when the INS asks for your tax returns for the last three or four years, bank statements, and proof of employment. The INS wants to make sure that you are capable of supporting her and her daughter. The INS will not be impressed by any potential income she might have once she works in the US. As far as the INS is concerned, you need to prove that you can support her and her child indefinitely.
2)If the INS gives her a fiancee visa, she then travels to the US and the two of you get married. Take lots of wedding pictures to show the INS later on. Then you will have more paperwork to fill out to prove you really got married. After a while, they will give her a temporary green card which will allow her to work until she gets her permanent green card. But in the meantime you will have to fill out more paperwork for about two more years. Finally she will get her "permanent" green card which she will not have to renew for ten years.
My fiancee did not have a child, but I'm sure that a child further complicates matters in terms of paperwork.
Any other process, such as marrying her in Brazil first or having her come to the US on a tourist visa and then marrying her, would be a different ball game. People have done this all sorts of ways and have succeeded, but we were given expert legal advice that the fiancee visa route with marriage in the US was the easiest way to go. Once the INS gives her a fianceee visa, they are indicating that she will ultimately get a green card. You just have a few more years of paperwork before she gets one.
Again, every case is different. Try to find people whose situation mirrors your own, and even then don't assume that your process will go the exact same way. There seems to be a great deal of discretion granted to each INS agent as to how they wish to handle things.
Posted by braslvr
On Tuesday, May 14, 2002 at 11:37:16
Very good answer, Patrick. I can only add that I've also heard that the fiance visa and marriage in the US is the best way. Also, a couple of years ago a friend of mine married a woman from the Phillipines using this method and it took about 14 months for all paperwork to be complete. They made the mistake of travelling to Canada before things were finished though, and had a big problem coming back.
Posted by J.
On Thursday, May 16, 2002 at 10:54:13
Fiancee visa is the easiest by far, once she is here and you file after a US marriage the new wife must wait in the US with you for the slow paper trail. If you marry in B-Land she (you?) have to wait in B-Land there for maybe 6 months to a year or more depending on how humbly aggressive you are at our US Embassy and hopefully she lives in a B-City with a US Consulate. Also just to get your B-Land paperwork straight it is totally worth it to hire a "despachante"...an expediter...otherwise try getting the paperwork through that the US requires down there. In some cities you cannot even find the addresses of the government agencies of Brasil you need to go to. Then if you do not speak portuguese...good luck even more...is your fiancee well educated? If not perhaps she will have no clue as to how to accomplish the paperwork and all the translations into english.
But love is worth it. Will you be wrenching the child from the other parent and that family...some things to consider. The US offers opportunity for foreigners but our downsides of society may not be in the best interest of another man's child; esp. if the father is bonded and connected and loves the child much. Brasil is a happier country than the US and internationally minds its own business...something we should take notice of.
I married in the Igreja da Gloria overlooking A Bahia de Guanabarra in July of 1995, it reminded me of my home town of San Francisco. Her Family and friends were mmore than superlatives of humanity.
Would I marry her again? NOT ! ! !
Proof of support...mandatory... You have to show at least about $23K net income for at least her maybe more for a child.
TB or HIV positive tests gives her the boot...TB until she is treated in Brasil. HIV may be a permanent bar to re-entry.
A US medical exam runs about $300 to $450 depending on what you negotiate with the doc. This fee should include all the shots like DPT, MMR, blood work, Tetanus, and TB. INS forms when filed can run about $400 + -.
Good luck...try to love in B-land with her if you can for a year and see if her and the daughter is really what you want...
Posted by Sinbad
On Sunday, May 19, 2002 at 16:09:12
I understand a lot now about marrying someome from
another country & I appreciate all the feedback. I was wondering if there is someone who actually did marry a Brazillian & brought her here that could maybe add some more info. I can use all the info. I can get because we do love each other & want to marry but it seems like an everlasting process. My concerns start obviously from her geting the divorce & if he will allow that to happen or will give her problems & there is also
her daughter, if he will stand in the way of her getting custody. Please, can someone add any other
Posted by Stan
On Sunday, June 09, 2002 at 14:20:34
I'm going to get married to an Brasiliera in September. You have two chooses either marry in Brasil or U.S. If you want to marry in the U.S. you'll need to file an fiancee petition with the INS. That process takes a couple of months to get the petiton approved, after that she has to go to the U.S. consulate office for an interview, plus she'll need her police records and complete physical exam. With this kind of petition you must be married within 90 days of her entering the U.S.
The other way to do is to get married in Brasil and then file for your wife with the U.S. Consulate. You wouldn't be able to bring her homw with you but I'm told the process is faster this way.