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| Getting Married | |
 Gringoes.com : Brazil : Getting Married |
 Topic: Anyone applying for LPR back in US? |
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rissarawr
Newbie 
Joined: 02 September 2011 Location: Brazil Online Status: Offline Posts: 17 |
   Topic: Anyone applying for LPR back in US?Posted: 28 January 2012 at 21:37 |
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Hey folks,
While we are applying for my RNE here and I will be here for at least a couple years, we want to reverse process and apply for my husband in the US. Does anyone else have experience with this? Can you provide me with tips or advice? If possible, we can exchange email and chat...I really need to do my homework on it! Thanks! Marissa |
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KirkMcD
Senior Member 
Joined: 09 November 2009 Online Status: Offline Posts: 297 |
Posted: 30 January 2012 at 20:25 |
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Fill out the forms and send in the fees. Getting a spousal visa is pretty simple, but don't bother until you are ready to move full time back to the US. I think the current processing time is a few months
BUT If you don't plan on living in the US at all, don't even waste your time trying to do it. The US expects permanent residents to actually live there. |
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rissarawr
Newbie
Joined: 02 September 2011 Location: Brazil Online Status: Offline Posts: 17 |
Posted: 04 February 2012 at 22:10 |
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We are planning on living here and there. :)
Getting my residency will make it easier for us to travel and live in both countries. I did look into it and it shows you have 6 months to go back to the US after it is approved. Was just hoping someone else went thru this same process... |
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wendysmiles
Senior Member
Joined: 17 January 2011 Location: Brazil Online Status: Offline Posts: 265 |
Posted: 05 February 2012 at 08:47 |
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In getting your husband to the US, the first step is to fill out the I-130 petition (pay $425, also submit the G-325A forms on both of you) - this takes 6 months, and the outcome is the US says that you are married and he has a right to apply to be there.
The next part is a bit different. 1) If your spouse was in the US illegally, you need to file a waiver, and apply for greencard - governmental fees and all are about $2k for this part, and another $4k or so for attorney fees, and this takes about 1-2 years (done after the I-130 petition) 3) If everything was in order, after the I-130 is approved, you can do the greencard application. Once approved and he gets approval to go, he has to go there within 6 months. If you are married less than 2 years, it is conditional, and you have to do something by your 2nd anniversary. Regardless, I believe you are required to move to the US within 6 months. And you cannot be out of the country for xx time. If the spouse wants citizenship there, I believe they have to be in the US at least 2 years. I hope this helps...I am knee deep in this research as we are working on it. I currently have the I-130 submitted - this is good forever, so it is possible to do that, and just sit and wait...til you are totally ready. |
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LittlePudding
Newbie
Joined: 25 October 2011 Online Status: Offline Posts: 3 |
Posted: 17 February 2012 at 15:57 |
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Hi Marissa and WendySmiles,
I have nearly the same question(s) as Marissa: 1) If I apply for a permanent resident visa in Brazil, can my husband apply for permanent resident in the US at the same time? Would the two applications (and there requirements) harm each other in any way? 2) Is there a certain amount of time I have to stay in Brazil once I receive my permanent resident visa? Also, Wendy mentioned: 3) If everything was in order, after the I-130 is approved, you can do the greencard application. Once approved and he gets approval to go, he has to go there within 6 months. If you are married less than 2 years, it is conditional, and you have to do something by your 2nd anniversary.... It is "conditional" in the sense that you have to do this "something" in order to keep the permanent resident status, correct? Do you know what the "something" is? I will also be posting as I find more information through other sources, as well. Thanks so much for sharing what you know, everyone. |
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maluquice
Newbie
Joined: 13 February 2012 Location: Brazil Online Status: Offline Posts: 21 |
Posted: 17 February 2012 at 19:08 |
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The forms for the U.S. are on the government site and also come with detailed instructions. There are a few supplemental documents besides the original form.
Your husband does not apply for a Green Card. You apply on his behalf.
Both permanent residencies have max length of absence/min length of residence requirements: no more than 6 mos per year max out of the US to keep the Green Card, and for Brazil, no more than 2 years out of Brazil once you have your permanencia.
If you apply for permanencia at the Brazilian Consulate in the U.S., you then have it. If you apply in Brazil, the process drags on for maybe two years and you have to be around for the surprise home visit.
The U.S. application has a financial requirement, so if you cannot show you've earned a certain amount in the U.S. in the last year(s) to support yourself/selves, by showing your tax return, someone must guarantee that amount for you.
The 'something', a few months before 2 years of permanent residence in the U.S. are up, is to adjust status, which means filling out another form, getting any supplemental docs, sending proof of a continuing relationship, paying more money, getting fingerprinted and having another interview. Edited by maluquice - 17 February 2012 at 19:12 |
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wendysmiles
Senior Member
Joined: 17 January 2011 Location: Brazil Online Status: Offline Posts: 265 |
Posted: 18 February 2012 at 23:21 |
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Before your hubby can do the greencard, you must petition for the I-130, which costs $425 and takes 6 months. Once that is approved, it is forever i think, so, I would say do that petition while you get your VIPER for Brazil.
When you go to Brazil, you really need to be here at least 3 months to do what you need to. For Brazil, you have to come back at least every 2 years to keep your visa active. Note, you must move to brazil within 6 months of obtaining this, or your visa is void. For Brazil - when you get the Visa (you pay $340 in the US), when you get here, you have another R$200 i believe to pay the Policia Federal. For the US, after you get the I-130, you will have to do the green card application - I do not know the time frame on this yet, but I am meeting with an attorney on it Tuesday - I am thinking 6-9 months. Once it is approved, you must move back to the US within 6 months - from what I understand, once you go back, you will be required to stay there a lot longer. Greencard with all requirements will run like $1k-$2k, and another $2k with an attorney. |
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maluquice
Newbie
Joined: 13 February 2012 Location: Brazil Online Status: Offline Posts: 21 |
Posted: 19 February 2012 at 00:09 |
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Here is the page to download the I-130 (Petition for Alien Relative) form and instructions. Suggest you read the instructions thoroughly, especially noting the supplementary documents needed, the need for translating docs in Portuguese, and the fee of U$420
One supplemental doc (one for each person) is the G-325 biographic form:
You must prove that you earn sufficient income (U$14,600/year, I think) in the U.S. to support the "alien relative", on this I-134 form, or get someone to guarantee the support for the "alien":
Here is the page to download the I-485 (Application to Register Permanent Residence or Adjust Status--the "green card application") form and instructions. Suggest you read the instructions thoroughly again here, especially noting the supplementary documents needed, the need for translating docs in Portuguese, and the fee of U$1070 including the biometrics (fingerprinting) fee.
I seem to remember sending this along with the I-130.
It is not neccessary to contract a lawyer/attorney to do any of this, unless perhaps you have unusual circumstances, but you do need to be very organized. A check list of all documents is very helpful. USCIS has a phone line which you can call to get questions answered. They are pretty helpful with detailed answers to questions, even about odd situations. The process is currently taking about 7 months from the time all documents are received to the interview appointment at the U.S. Consulate.
Good luck.
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wendysmiles
Senior Member
Joined: 17 January 2011 Location: Brazil Online Status: Offline Posts: 265 |
Posted: 19 February 2012 at 08:02 |
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The I-130 didnt requre support, at least not that i saw when I did it in Dec.
You can do the 485 and 130 concurrently if you want - but that is optional. I know the I-130 takes about 5-6 months. If you do both concurrently, it does speed up the process. For me, I have the additional step inbetween of the hardship waiver, which costs $525, and the attorney fee will be around $2,000 I think for that - I dont want to do greencard same time in case that is not approved - you cannot do the waiver til after the I-130 is approved. This is only needed if your spouse has a bar (ie - was/is illegal in the US and not possible to get greencard), and you need extreme circumstances to get it approved. It is still a gamble if all is in order, but, with an attorney on it, odds are greater of success. Currently, my I-130 petition is submitted and in process. I respect the laws/rules, but, I almost feel I am being punished here...I think the US should look at all factors and not make it so hard, but if they did that, more fraud would pop up...imagine if they instead had a higher fee/fine in the place of the waiver - then maybe the government could start making a dent into the debt (I wouldnt like paying, but much better than this alternative) |
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maluquice
Newbie
Joined: 13 February 2012 Location: Brazil Online Status: Offline Posts: 21 |
Posted: 19 February 2012 at 10:36 |
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You're correct. It's the I-485 Adjustment of Status that requires the I-864 Affidavit of Support as a supplemental doc.
IMO, the best person to be "on it", actively participating in writing the waiver petition, is the U.S. citizen spouse him/herself. I think it is essential to thoroughly understand the levels of hardship used in the waiver letter, how your personal circumstances apply, and to craft your own petition letter. Most immigration lawyers are NOT specialists in this very delicate area. There are many examples of successful and unsuccessful letters on the internet. While no case before immigration is a given, if you educate yourself in the logic of the approval or denial, you can write your own successful petition as well as any hired third party.
In fact, you cannot do the I-601 waiver til after the I-130 is DENIED.
It is denied on the basis of the "crime" of entering or staying in the U.S. illegally. The request is essentially for a pardon for those "crimes", to waive the barrier to re-entry to the U.S. If the person entered without a visa AND stayed, two waivers are required. The waiver is based on the hardship to the U.S. citizen if that citizen were to have to live with the spouse in the spouse's country.
I know a lot of people in similar circumstances, friends whose situations cause me sadness and anxiety. The laws about who can come to work or to live in the U.S. do need to be updated, preferably as soon as possible. (as you know) The logic, though, is that it is the U.S. who is hosting the "party", and the U.S. should be able to invite the guests. "Party crashers" have no rights. You, the U.S. citizen who happened to form a relationship, are simply collateral damage.
However, a lot of Brazilians came to the U.S. in better economic times, without thinking about anything other than making lots of money fast and going home, without thinking of paying any U.S. taxes (and in fact, actively evading paying unless/until seeing some future reward), without a lot of respect for other laws (forged documents abound), and without thinking about the fact that they might like it enough to choose to stay, or that 'the future' unfolds day by day. They leave/left the educating of their children, their healthcare (many outright lies about earnings in order to receive free care), and more, largely on the backs of taxpayers, essentially taking advantage of our thinking that it would be more of a tragedy to see children denied an education and sick people with no recourse. In bad economic times like currently exist, there is bound to be a great deal of resentment among sectors of the public, but it appears that the immigration judges' decisions seem to be trending more liberally lately.
I wish you the best of luck with your cases, wendysmiles, rissarawr, and LittlePudding.
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