What about marrying her there?

[Shep1302]

This may be a stupid question, but I am curious to know the answer.

I have heard everyone talk about the K-1 visa to get a latina back into the US so they can marry. What happens if you marry the latin woman in her home country?

Does that throw you into an incredible bureaucratic nightmare to get her back into the States? Are we talking weeks or months on that one? Does the embassy frown on it or not honor the marriage? Does this put you, the Gringo, in legal jeapordy?

Inquiring minds want to know.

Thanks,
Shep

[Felipe]

I have never brought a Latina home to the US, but my understanding is that if you marry them in their country it can actually take longer to get the K-3 Spousal Visa, than the K-1 Fiance Visa. Everything I have read and people I have talked to recommend the K-1 Fiance Visa, where you bring them here and then marry them.
Because:
1: It is usually quicker.
2: Then they can actually meet your family and get to see how, and where you live.

[Felipe]

Here is some more info.
http://travel.state.gov/visa/immigra...ypes_1315.html

[Lostagain]

I married in Co. after filing for a K-1 and when we married, I filed a family visa petition. In the transmittal letter I noted that the K-1 was already filed and requested that it be dropped in favor of the family visa app. It was approved right away and the interview set up promptly. Unfortunately, the embassy is not accepting direct filings and you have to go the long route. Now the procedures are more complicated and the agency more understaffed so what ever you do, plan on a long and arduous process.

An immigration attorney in your area should be able to fill you in on the time frames you will be facing. It varies a lot from region to region.

Good question and I'm curious also. From what I understand, if the gringo marries the Latina or Brasileira in her country, he then gets an immediate resident visa stamped in his passport usually within 30-90 days. You now have no limits on leaving or staying in Brazil/Colombia, you can open a bank account, etc.

For your new wife (married in Brazil or Colombia) you, the gringo must fill out a bunch of paperwork (in Brazil/Colombia) for her to be eligible to go to the US with you. She cannot fill his paperwork out - you the husband must do this. If you don't then she will not be given a US visa of any kind.

Also, if you marry in her country, she cannot get your assets, holdings, etc in the US. But signing a prenup there would be in both parties best interest especially if the gringo owns an apartment or business there.

I see a trend with more and more guys marrying in Latin America and keeping his GF/wife in her country and supporting her there, and there are pros and cons to this just like bringing her to the US on a K1. But with the 9/11 terrorist attack, new imbra laws and more pressure on Congress by the feminists, things could get worse over time but I'm not sure and only Gary or Robert could make an informed comment on this. Back in day, circa 1993-2000, you had guys hooked up and married within 1-2 weeks (in Colombia) and she was in the US with him right after the embassy interview.

I'd be curious to know what Robert, Gary or Jose would say about this.

www.retireincolombia.com

www.garybala.com

Jose Santiago is an attorney based in Sampa.
(11) 9348-5729 Sampa
(800) 983-7060 USA

Dear Participants, the procedures for a K-1 visa and for a immigrant visa (based on familiar links - marriage) takes approximately the same period of time and require similar paperwork. I always suggest my clients, if you will mary her, file for an immigrant visa directly.

Another important aspect is the pre-nup, in Brazil, they are way cheaper and easier to make compared to one in the US, plus full disclosure is not a requirement, like it is in the US.

Jose, if you could please expand on this because I am not understanding you completely. I think Shep wants a detailed explanation on the differences between marrying in Brazil as opposed to the US.

What's the pros, cons and timeline on both options?

Marrying in Brazil and/or the United States?

[Shep1302]

You said it Ray!

Shep

Hi everyone, here is more info on that:

In Brazil, CURRENTLY, a K-1 visa takes from 5 to 6 months, as well as the immigrant visa petition based on family links (marriage).

Here are the main differences. When marrying in the US, it would be easier and cheaper. When filling for your spouse in the US it will take longer (usually), former INS is backed up with thousands of different petitions, whereas in the consulate abroad the process can be faster due to the low volume of applicants.

Pre-nup agreements: in the US there are very expensive and require FULL DISCLOSURE to be valid, in Brazil they are cheaper, faster, and do not require full disclosure to be valid.

Plus, in case of a divorce in the US, someone will have to pay the bill, and it is not cheap usually, plus it will take a great deal of time and the richest party often pays the bill, in some cases, even the attorneys fees of the other party. Whereas in Brazil, with a pre-nup, no one will have space in Court to argue and request much and Brazilian Courts tend to follow pre-nups by its letters.

[Bala]

Additional clarification:

As concerns the immigration visa petition for the spouse of a U.S. citizen who marries in Brazil, it is my understanding that the U.S. Consulate in Rio de Janeiro (the only one in Brazil which processed these in the past) stopped processing directly filed petitions as of September 2005.

The only immigration visa petitions for a spouse of a U.S. citizen who marries in Brazil they will process now which are directly filed with them at Consulate are: 1. those filed by a U.S. citizen who is a "resident" of Brazil, intending legitmately to re-locate to the U.S. and live permanently with his spouse here, or 2. those filed by a visiting U.S. citizen who can demonstrate a legitimate emergency circumstance to justify the Consulate directly processing the petition there.

http://www.embaixada-americana.org.b...hp&itemmenu=58

All other U.S. citizens who marry in Brazil must now file the immigration visa petition in the U.S. Here in the U.S., the K-3 Spousal Visa is moving a little quicker right now than the immigrant visa petition, say around 5 months or so, so most people are currently doing the K-3 vs. the immigrant visa.

Nevertheless, the bottom line remains the same. Whether you do a K-1 Fiancee Visa or choose to marry in Brazil and do the "quicker" moving K-3 Spousal Visa ("quicker" compared to the immigrant visa petition), both will still take about 5 or 6 months from the filing date of the petition to bring the new wife home.

Good luck.