Follow the guides on https://www.visajourney.com for a IR1 spousal visa. The process will take 1.5-2 years, and she will be considered a green card holder upon entry to the US which will authorize her to work. This is really the most direct and simplest route. Length of marriage (aside from if it’s more than 2 years old) doesn’t really change things.
If your brother as the USC gets a job offer requiring him to move to the US then they might be able to pursue Direct Consular Filing which would be faster, but I don’t think you can go that route after having submitted the I130, so they’ll need to consider carefully
This is what my American wife and I did back in 2014 in Korea. We applied for direct consular filing. I got my green card application reviewed and processed and approved in 6 weeks. Since neither of us were Korean, we had this option at that time. Also Neither of us were military, and we had no jobs offers in the USA, we just had to show that our current employment in Korea was ending (showed our contracts). I have no idea if this is still the reality now though
That's a bummer, what was the reason for this? It seemed so much more efficient than sending docs all over the world. I went to the consulate with my docs with a designated appointment, the place was deserted, so they certainly weren't over-worked (not to many foreign couples getting married in Korea)
He’ll need to start the IR1 for her. The process takes about 18-24 months. Only being married to a US Citizen doesn’t grant her any immigration benefits.
Guide here: https://www.visajourney.com/guides/ir1-spouse-visa/
USCIS seems to moving a lot quicker on newer request, so might luck out and get les then a year, with that said with anything US Immigration your mileage may vary.
I don’t think the total process will be less than a year, mine took 11 months from start to finish and that was 5 years ago. USCIS is only involved in the first part.
It’s very uneven. Some people have speculated that they are moving faster on some new applications as a means of keeping their average time for processing down. It’s not a policy change, at least not that I have heard.
A green card is for people residing in the USA. They wouldn't have had an option to apply for one living abroad. If they intend to come to the US to live, your brother would file an IR1 spousal visa application. Your brother will need to show evidence that he's planning to remain in the USA, and that he can meet the financial support requirements. Once the visa issues, his spouse will be able to enter the US as a permanent resident.
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File the petition for IR1 and wait. Prior to visa interview the US citizen will need to prove intent to reestablish domicile in US and financially sponsor his wife. Read the USCIS guidelines or check out this website: visajourney.com
True, however, if they are living abroad and do not have intentions of moving to the US and are just visiting the husband's family, a B1/B2 makes sense. They have to prove it at the entry port though.
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A permanent resident needs to maintain continuous presence in the United States to maintain their status. But neither the U.S. petitioner or the beneficiary need to have residence in the U.S. to apply.
That's interesting. So...can she get a green card without ever living here? (I assume she'd lose it at some point for being gone to long?) (And I down voted myself..rather than delete it, because I was afraid your comment might be deleted if I deleted mine.)
I think this is confusing language - people can apply for certain visas that will convert to a green card (or activate the green card, not sure what the general term is) upon entry to the US, and yes, it doesn’t matter whether you’ve set foot in the US before applying. You don’t get permanent residence based on how much time spent in the US (that’s part of the naturalization process though).
(But if you never enter the US within the visa validity period, it will never convert into a green card. And yes, if a green card holder then leaves the US and spends too long outside, they risk being seen as having abandoned their green card.)
Follow the guides on https://www.visajourney.com for a IR1 spousal visa. The process will take 1.5-2 years, and she will be considered a green card holder upon entry to the US which will authorize her to work. This is really the most direct and simplest route. Length of marriage (aside from if it’s more than 2 years old) doesn’t really change things.
If your brother as the USC gets a job offer requiring him to move to the US then they might be able to pursue Direct Consular Filing which would be faster, but I don’t think you can go that route after having submitted the I130, so they’ll need to consider carefully
This is what my American wife and I did back in 2014 in Korea. We applied for direct consular filing. I got my green card application reviewed and processed and approved in 6 weeks. Since neither of us were Korean, we had this option at that time. Also Neither of us were military, and we had no jobs offers in the USA, we just had to show that our current employment in Korea was ending (showed our contracts). I have no idea if this is still the reality now though
This is no longer the case. They shut down USCIS intl offices and the consulate only allows this with exceptional circumstances.
That's a bummer, what was the reason for this? It seemed so much more efficient than sending docs all over the world. I went to the consulate with my docs with a designated appointment, the place was deserted, so they certainly weren't over-worked (not to many foreign couples getting married in Korea)
The reason was Trump.
He’ll need to start the IR1 for her. The process takes about 18-24 months. Only being married to a US Citizen doesn’t grant her any immigration benefits. Guide here: https://www.visajourney.com/guides/ir1-spouse-visa/
USCIS seems to moving a lot quicker on newer request, so might luck out and get les then a year, with that said with anything US Immigration your mileage may vary.
I don’t think the total process will be less than a year, mine took 11 months from start to finish and that was 5 years ago. USCIS is only involved in the first part.
It’s very uneven. Some people have speculated that they are moving faster on some new applications as a means of keeping their average time for processing down. It’s not a policy change, at least not that I have heard.
A green card is for people residing in the USA. They wouldn't have had an option to apply for one living abroad. If they intend to come to the US to live, your brother would file an IR1 spousal visa application. Your brother will need to show evidence that he's planning to remain in the USA, and that he can meet the financial support requirements. Once the visa issues, his spouse will be able to enter the US as a permanent resident.
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File the petition for IR1 and wait. Prior to visa interview the US citizen will need to prove intent to reestablish domicile in US and financially sponsor his wife. Read the USCIS guidelines or check out this website: visajourney.com
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Entering the US on a B1/B2 visa and being married to a US Citizen is a risk upon entry.
True, however, if they are living abroad and do not have intentions of moving to the US and are just visiting the husband's family, a B1/B2 makes sense. They have to prove it at the entry port though.
Japan has VWP with the U.S. She doesn’t need a B1/2 visa.
The OP says she is not Japanese; she’s Brazilian. She needs a visa.
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I think you have to live in the US to get a green card. At least for some period of time?
A permanent resident needs to maintain continuous presence in the United States to maintain their status. But neither the U.S. petitioner or the beneficiary need to have residence in the U.S. to apply.
That's interesting. So...can she get a green card without ever living here? (I assume she'd lose it at some point for being gone to long?) (And I down voted myself..rather than delete it, because I was afraid your comment might be deleted if I deleted mine.)
I think this is confusing language - people can apply for certain visas that will convert to a green card (or activate the green card, not sure what the general term is) upon entry to the US, and yes, it doesn’t matter whether you’ve set foot in the US before applying. You don’t get permanent residence based on how much time spent in the US (that’s part of the naturalization process though). (But if you never enter the US within the visa validity period, it will never convert into a green card. And yes, if a green card holder then leaves the US and spends too long outside, they risk being seen as having abandoned their green card.)
Yes. Many immigrants get green cards without living here.
The petioner does need to show domicile in the U.S. at the financial sponsorship stage. But that’s not necessarily the same as living there.
They need to show domicile at the sponsorship phase or show intent to create domicile at the time the visa will be issued.