Visa question concerning Brasileira's

[crazyforbrazil]

I need your input guys....  I met a young lady I am very interested in the possibility of marriage but I want a chance for us to live together first.
If I was to bring her down on a student visa what would my chances to get her approved? Also if everything works out and we married what kind of issues will I face changing her student visa to a spousal visa?

One more question about K-1 visa's as it pertains to Brasiliera's what kind of timeframe am I looking at to get the visa approve???

Thank you Gentlemen!!!!

[HappyInBrazil]

... in response to Visa question concerning Brasileira's, posted by crazyforbrazil on Apr 10, 2002

Very, very, very unlikely to get a student visa.  You could develop substantial paperwork supporting her ties to Brazil and still be denied by the consular officier if she is not married or leaving her children behind.

Still, if she's willing to do the paperwork, you could give it a shot.

As far as the K1, search through the archives for all three boards (Latin,Asian,Russian) and you should get some posts of people's timelines.

[crazyforbrazil]

... in response to Re: Visa question concerning Brasileira'..., posted by HappyInBrazil on Apr 10, 2002

If she applied for the student visa and is denied. What would that do for our chances going for the K-1 visa? Would that do permanent damages for her visa approval?

[Kit]

... in response to Re: Re: Visa question concerning Brasile..., posted by crazyforbrazil on Apr 10, 2002

“What would that do for our chances going for the K-1 visa?”

Pretty much the same. K1 is a strong visa. Unless she is known alQaida member, or you are not eligible to sponsor for K visa (not enough income for example), K1 will be issued.

“Would that do permanent damages for her visa approval?”

It will not do any permanent damage to her K1 visa. However she would have to undergo an unpleasant conversation with INS officer in Brazil explaining why she applied for a student visa (F class), was denied entry and then a couple of months later is applying for K1 visa. Obviously her intentions (with regards to studying in the US) were not sincere.

[Buck]

... in response to Visa question concerning Brasileira's, posted by crazyforbrazil on Apr 10, 2002

Congratulations on finding a lady.I checked here(N. Wisc.) for my novia to come as a student.I was told that she had to have a bank account with $16,000 in it to come here.Never did check further.Please let me know what you find out.Congrats and good luck.Buck

[Kit]

... in response to Visa question concerning Brasileira's, posted by crazyforbrazil on Apr 10, 2002

“If I was to bring her down on a student visa what would my chances to get her approved?”

Well the student visa requires approval from INS filed by educational entity, not you. You may however participate as a warrant for her tuition fees and other expenses in this case. She would actually have to enter the country with the intention to study. Many educational facilities will require 1-year tuition in advance (may be well over $20,000) that you would have to cover. And even though her chances to get student visa (F class) are higher than those with tourist visa (B class), there is still no guarantee that she will get one.

Once in US you can marry her regardless of the visa she holds (even if that visa is expired)

“One more question about K-1 visa's as it pertains to Brasiliera's what kind of timeframe..”

There are two timeframes. One is the time it takes to get INS approval for her in the US, and the other one is what it takes to process this approval in Brazil (interview with INS officer in Brazil). The first one depends on the area you live in in the US. For example western INS processing service center (Laguna Nigel, CA) will process K1 application for 5-6 months. Other processing centers may have slightly different (usually shorter) times. And once you send her this approval in Brazil she would have to schedule for an interview. This may take some time and I cant definitively say how much. Depends of the current workload in the US consulate in Brazil (the closest to her). I would speculate no more then 1 month.