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  1. #1
    Join Date
    Dec 2009
    Posts
    3

    Default K-1 or K-3

    Hello. My name is Alison and I am an american. I married a brazilian in brazil march 26th 2010. I have been living with him here in Brazil. We are trying to figure out the best and easiest way possible for him to live with me in the United States. As I know the K-3 visa has to be petitioned for in the United States, and I am not really willing to be separated from my hubby for who knows how long. I want to know, even if we are married here in Brazil, could I petition for him to get a K-1 fiancee visa? I heard that if you are married in one country, it is not technically legal in another. So we got married in Brazil, does that mean in the USA our marriage isnt legal? So if we werent technically married in the USA could he get a K-1 fiance visa and we get married again in the USA? I dont know what to do, I am so confused!! If we cant use the K-1 can you please infom me on what we could do?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: K-1 or K-3

    If you are legally married in Brazil, your marriage is accepted in the US. Do not attempt to hide that as it will create serious problems with his coming to the US.

    You need to read the USCIS documentation on family based immigration.

    Your bigger issue at this time if you are not independently wealthy is how you intend to file the affidavit of support given that you have no job or recent job history in the US. You should expect to come earlier and become established especially if there is no one in the US qualified and willing to be a cosponsor. Being a financial cosponsor is a serious, long term commitment, and even many family members will be reluctant to undertake it once they understand the commitment.

  3. #3
    Join Date
    Dec 2009
    Posts
    3

    Default Re: K-1 or K-3

    Ok, So I have read just about everything on the USCIS site, and I am still confused if I am allowed to file the I-130 form here, since i am living here with him, even though I have not been here continuously for 6 months. I already have a famliy member who is willing to be a cosponser for the addavit of support form. All i need to know is if i can file this form here without having to return to the USA.

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