USA Visa Journey
Max and I got married on July 31st 2007. A mere 6 months after we met. Soon after we got married we discussed what our plans would be. To stay in Brazil or leave was the big question. Of course, I wanted to stay and he wanted to go! {the grass is always greener on the other side, right?!?}
We then started to do a bit of research about getting his visa to the USA. Of course, I had already applied for my visa here in Brazil but I will save that story for another time. We found many sites and community forums {which I will list below} From there and based upon what we read, we thought it would be wise to start the process right away, as it would take a good bit of time. {we never thought it would take 2 years though}
First let me note a few things {to my knowledge} on filing for an Immigrant Visa to the USA. You need to be married {here in Brazil is fine} first, or engaged. If you are engaged you need to file for a fiance visa and marry within 6 months of arriving in the USA. You {the US citizen} can either file your petition here {for your spouse} at the US Consulate {I believe the Consulate in Rio is the only one that deals with Immigrant Visas} or print out the petition online from the US Immigration website {listed below} and mail it to the USA and file from the USA. Or you can go to the US {like I did} hire a lawyer, like a did {stupid move, more on that later} and file from there. From what I heard from others, it’s faster if you file through the US Consulate here in Brazil, but I wouldn’t know anything about that personally, as we did not go that route.
Back to the process. So after we married in July and did research, in August we went online and printed the CR1 Immigrant Visa application and filled it out. We got all our required documents together. If I can remember correctly that included our marriage certificate from Brazil {translated into English. Remember all documents must be translated into English by an official, notarized translator before submitting documents. You must submit the original document and translated document. This part gets pricey. I think in total we spent around R$600.00-800.00 translating documents *gasp*} Both our birth certificates, our lease from our apartment here in Brazil {as a proof of our union, but you may also use bank statements or official testaments from friends} and I think that was about it. I may have missed something, but on the Immigrant visa website, it gives you all the info you need. I will list it below. One reason why we chose to file outside of Brazil was for the fact of getting around the “setting up domicile” part when he did get the visa. As neither of us had jobs in the US and this could get a bit tricky. You can read all about that on the site as well.
In September of 2007 I went to NYC alone, took all our paperwork, application, application fees, found a lawyer, and started the process. In October 2007, the lawyer sent out our application for his green card petition from NYC. We chose to get a lawyer because I heard that the US Govt. can be a real pain in the ass with the applications. So if you check male instead of female on your application, and they catch it, your paperwork gets sent back and the process starts all over again. We thought it would be wise to have a dumb idiot professional lawyer, whom deals with this daily to check over all our things before sending out. She ended up being a nightmare and I ended up doing all the research myself and correcting her work on various occasions. Not the greatest experience. Maybe we just picked a bad one, who knows, but it did cost us $2,000.00 for her fee. *ouch* If I did it again, I would do it on my own. There really are so many resources out there to help you along the way.
In March 2008 we heard from the Visa Center that his petition was approved and we could go ahead and file the second application and pay more fees. We did this and waited, and waited and waited. My memory is a bit hazy now on all the exact steps but I know after the second application was filed we waited quite a bit of time. Then in December 2008 we were given the go ahead to file our affidavit of support. This is required by all immigrants going to the USA. And usually the spouse is the one to do this, but in our case this is where things got tricky. In this part you need to show your tax returns for the last 3 years and meet the poverty guidelines. Showing that you can support your spouse, shall they become unemployed and have no income. Basically so they wont sit back and collect welfare. And if they do collect welfare and the government catches them, you are responsible {the sponsor} to pay back the government. Well for us it was tricky cause I had been living in Brazil for the last few years and not paying US taxes. So we had to find a co-sponsor. Which is allowed. But because of some family issues, no one in my family could do it, and it took us some time to find someone. In the end we found a great friend of mine to do it… Thank God! Thanks Samantha! So she will be responsible for my husband, so to say, until he becomes a Naturalized US Citizen. Which after 3 years of marriage, coming up this July .. woo hooo .. we can apply! Now as in responsible for him, not in the sense if he gets sued or in trouble. Only in the financial sense shall he not find work. Of course, it will never come to that but with all the people on welfare in the US, I can understand why they do this.
In June 2009 we sent off those papers and that was the last and final step before his interview. It was then approved in August 2009 and his case was finished with the Visa Center in the USA, closed and sent to the US Consulate in Rio. We heard from the Rio Consulate quite quickly following that. I think within 1 month and his original interview was scheduled for September 31 2009. But we contacted the Consulate and changed the day of his interview for a later date, November 27, 2009. {which you can do by the way, and they were very cool about it} We needed a bit more time to do his medical exam. As that needs to be done before going to the interview, from a US Consulate appointed doctor, here in Brazil. That cost us another R$600,00. Then the flight tickets to Rio and oh yeah we had to pay a fee for the affidavit of support application too, I left that out. So the whole process cost us about $4,000.00 more or less!!!
The day of the interview. We woke up early around 5am{let me remind you we had Malu in tow as well, at nearly a year old} nervous and happy at the same time. We had to bring all documents, photos, emails and such of our relationship. Basically proof that we are “legit”. We also were informed to bring Max’s military ID/form, showing proof of his service or exemption, in his case he was exempt from serving. We arrived at 7:20 {call time was 7:45} to a huge line, filed inside the Consulate, was given a number {hint the earlier you get there the quicker you get out, first come, first serve basis} and told to take a seat. A very nice lady then called each number in the waiting room area and went through each person’s paperwork making sure all of it was there and in the correct order. After that we waited another hour and was called into a little room with a window, to then which another nice lady took all our paperwork, interview letter, etc. The same paperwork that the previous lady had just checked, we were then told to sit back in the waiting room.
Another hour passed and then our number got called. {thank goodness for a big toy area and a few other kids, Malu stayed happily busy the whole time} We went into the small office with Malu. Sat down in front of this tall, big black man sitting at a desk. He was of course American, and very nice! He didn’t speak one word of English with us. Which I might add, I speak Portuguese fluently and love to speak the language, but it’s VERY weird to speak with a fellow American in Portuguese!!! I guess there is always a first for everything! He asked if Max spoke English and if I spoke Portuguese. He asked us if Malu was our daughter, and said she was beautiful. He asked us our plans of going to the US, when, what we would do upon arriving {which we have no clue. Well kinda, but not really} and then went on to ask us how we met. Which is a funny story, that I will share another day. I know a few are interested in hearing. And that was IT!!! He then took Max’s fingerprints and said when we left the office to go to the lady at the SEDEX desk to fill out the address to get his port of entry slip and passport mailed to him. He also informed us that we had 6 months to go to the US and upon entry to the US, Max’s green card would be sent to the address there. He didn’t ask to see one photo, email or anything regarding Malu {birth certificate, etc} or our marriage. I was amazed it went soo smoothly and quickly. Max was sooo nervous. We left at around 11:30, paid $R60,00 for the SEDEX and were on our way. 2 weeks later he got his passport with his visa stamped inside and a little yellow, sealed envelope {port of entry} which must be left sealed and in perfect condition for his entry into the US in May.
On a side note : his visa is a Permanent Immigrant Visa valid for 10 years. When we applied for the visa we applied for the CR1 {conditional relative visa} which is for persons married less than 2 years. Which means after 2 years you have to do more paperwork, file more applications and pay more fees. Also another interview to see if you are still married. But since the process took so long, and at the time of the interview we had been married for 2 years he will get the IR1 visa {immediate relative visa} which means no more paperwork, fees, or applications unless he decides to become a citizen!!!! WOO HOO!! Which he will in July. But I have heard it’s quite easy, that we have already done the hardest part. Let’s see. I will be sure to write about it when we do start that process. And take notes, so this time its clearer in my head!!
HELPFUL LINKS
US Government Immigration Site {tons of helpful info, all downloadable applications and forms you will need to start the process, list of all fees, as well as step by step instructions on how to file. Also helpful numbers and sites to check out.}
A few community forums with TONS of helpful info from others going through the same process. I went to these forums various times throughout our process from little questions or to just read others experiences. I found more info here than what my lawyer provided us. 
I believe some of these are world wide, so if you are not from the US but going through an immigration process somewhere else, you may also find info on these sites.
I hope this info helps someone, somewhere out there. I know Danielle wanted to know about some of this info. She also asked me if she plans to move to the US with her hubby/boyfriend in 2013, when should she file? Danielle if i were you I would start in about a year. Give yourself at least 2 years time. But its never to early to look at the documents you need, start organizing them now, and translating stuff. Its a LOT of friggin paperwork!!!!
Good Luck to all who endeavor this journey. It’s a long one, but rewarding in the end!
If you have any questions, please feel free to email me or comment away!
***** In no way am I a lawyer, this was written from my experience to help others. I am not trying to give legal advice, and if you aren’t sure about something you should seek professional advice. Although I can’t say from experience it worked for me 
*****
Beijos, Tanya
