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Need help/advice from others married to a Brazilian

Hey guys and gals,
My wife and I just got back from São Paulo today. Her visa application was denied again and we're wondering why. We've got two friends who have the same type of job my wife has and aren't married to US citizens with permanent Brazilian residence and both of their applications were approved. And neither of them own their house. The only other difference between my wife and the two whose applications were approved is skin color. Theirs is white. My wife's is dark. That's the only thing I can see as a reason for them to deny her application.

She was told by the interviewer that because she's married to a US citizen, she should petition for US citizenship. However, this presumes that the applicant actually wants to live there. Until we have a real president in office, there's no way in hell I'm spending anything more than a month or two there and we've told the interviewers that.

So, my question for those of you out there married to a Brazilian, what route did you take so that your spouse could enter the US legally without massive mountains of hassles? I have so far thrown $5000 away trying to get her a simple tourist visa. I'm tired and I'm broke. My parents are in their 80s and I want them to meet her before they die. I am currently honestly terrified that that won't be able to happen.

So sorry to hear this Mike. Be careful how you talk to the interviewer.  Too bad THEY COULDN1T TELL YOU A DEFINITE REASON WHY.

jIM

Mike..We initially were wedded at the Cartorio in SALVADOR in 2000. She simply came to the USA in a tourist visa.
Before it expired, we married again in Ca.  (yes, twice). In time she received her Green Card. Only last year did she study and apply for US citizenship and passed. It's been 18 years in October!

Maybe go to a smaller town for application..?

They never have. Just gave her a pink paper with the generic "vc não tem vinculo."

The paper lists things that are seen as "vinculo."
-Owning a home.  (we do)
-Having children and, if applicable, grandchildren living close. (Next door not close enough?)
-Having a good job for more than 6 months.  (over a year now)
-Going to school (She was during her last interview, in 2 different business courses)
-Being a small business owner (Our last 2 attempts we were)

I know that the law governing tourist visas is explicit and says that the burden of proof that the person will return to their home country after their visit is on them. In other words: "Everyone that wants to visit the US probably wants to live here so you have to prove you don't want to."  Maybe their interpretation of that is "Married to a US citizen? Oh, they're moving to the US, not just visiting. Denied." Then again, I can't see why when said US citizen is a permanent resident of Brazil and hasn't been back to the US in more than 5 years.

MotoEspresso :

Mike..We initially were wedded at the Cartorio in SALVADOR in 2000. She simply came to the USA in a tourist visa.
Before it expired, we married again in Ca.  (yes, twice). In time she received her Green Card. Only last year did she study and apply for US citizenship and passed. It's been 18 years in October!

2000. Different administration. May I ask what kind of job she has/had and if you/she was a home or business owner at the time and if they asked for that paperwork? Did her kids, if any, live close?

We've tried 4 times now for a tourist visa.

I'm at the point I'm afraid my parents and my aunt, who has gotten very close with Enilda over Facebook over the past 2 years, are going to be dead before I'm finally able to figure out how and what to get my wife permission for a 2-4 week visit to meet my family.

Unless it's the only option, we really don't want her to have a green card because aren't there residency requirements attached like with our RNE? Do you have to bounce back and forth every 18 months or so to keep both active? And we really have no need for her to become a US citizen, unless it will help get tourist visas for our grandkids to visit Orlando with us next year (If all goes as planned between then and now work wise). I know tourist visas have pretty long lifespans, that's why I think it's really the option we want.

Our original plan was to marry in San Diego County last year because I had been here for 4 years on an expired tourist visa by then and the cartorio here told us it would be quicker and easier (LOLOLOLOL) to get her a tourist visa and get married in the US. I called the clerk's office in (damn, I can't remember now, it's near Vista in North San Diego County) and asked: She just needs to bring her ID, valid passport and visa, and me and the money. Can be done and married in about 20 minutes. (Hell, we waited in the cartorio on our wedding day longer than that!) But, visa repeatedly denied so we got married here.

We've considered going to Recife, because they also have a consulate, but we no longer have the money or the time for that. The flight I booked leaves the 3rd of October.

I was thinking like a Brazilian tourist visa last year and the first thing I did during the application process was buy round trip tickets. I then changed them again. The second interviewer told her the consulates and embassies here in South America advise applicants to not buy tickets until after the visa has been received in hand. There's nothing about that on the web. Our third attempt, they had signs up on the fence outside the consulate advising people to not buy tickets until they've got their visa.  I had to reschedule because the tickets were about to expire and I'd have lost (another) $2200USD.

All totaled, I've spent over $5000USD in trying to get her tourist visa.

Mike,

Sorry to hear about the outcome.

"Vinculo" can also mean a high enough salary in  Brazil so as not to have the desire to leave the country but return. I think the R$2,000 monthly as declared was too small.
R$3,000 a month should be about right. Domestic "diaristas" can make R$120 a day.

Why don´t you get married in CA again? Petition the embassy for a fiancee visa for her! This, they can´t deny her the visa to get married in the US.

If you have relatives in Mexico, you can use the ticket to travel there and your parents can go there to meet you. I don´t think Brazilians are required a visa to go to Mexico...

robal

They aren't Robal. My dad's father was a Mexican citizen and I tried to use that a couple years ago to change my immigration status.

The "K" or "family visa" requires the American citizen to have a minimum fixed income of at least $25k a year. I'm a freelance writer. My income is about $20k a year.  It's also a minimum six month process and the only consulate that does those interviews is Rio.

I'll admit that even though I've done some research on the "K" and tourist visas, I'm still extremely uninformed. I'm looking for a visa for her that will allow us to visit in the future without any hassles but doesn't come with any residency requirements and my understanding of the "K" visa and citizenship process is that they require the applicant to desire to live in the US. We want to live here.

Your best shot then is only the tourist visa which is good I believe for 10 years still. The only alternative is a student visa but she has to be accepted like say a language school and can be renewed or extended every year.

The fiancee visa is K1. K3 is for a spouse to enter the US while waiting approval of I-130 (Petition for Alien Relative) and an available immigrant visa...

robal

Yep. And from what I was reading, the K2/spouse visa (K3 being children) requires the US citizen to have a minimum of $25k per year in documented US earnings. My interpretation of what I read is also that those earnings have to be from fixed employment. I'm a freelance writer, I have no fixed employment. My earnings also aren't fixed other than the base price for each client and type of content is different. For one, how it's calculated is different. 

I may be wrong, but that and the "petition for citizenship based upon marriage to US citizen" that she said the interviewer told her she (has to) should try because it can't be denied based upon normal criteria reads like they require we live in the US. I haven't read through all of the citizenship/naturalization stuff yet, but that's my interpretation so far. Our Brazilian residence requires that if we live outside of Brazil for more than 3 years, we have to go through it all over again. I've got to get something finished and to the editor first, but I'm calling both my senators and at least the State Department to ask that question and see what other options I have, especially any that can still have her boarding the aircraft with me at 9PM on October 3rd.

Mike, may I recommend visiting visajourney.com?
For 2017 the income required for a k3 spouse visa is about $22000.  And that means income from employment or net income from a business.  You owning property counts too, but only a percentage of the value.  It will take at least a year to complete but my guess is that, as you noted, because she is married to a US citizen, she is considered high risk for overstaying her tourist visa.
What a retarded government we live under, here.

I would have to agree mococatx. Extremely retarded.  We need a visa for at least the spouse of an American citizen, if not the spouse's children as well, that allows unlimited entries and exits for up to six months at a time. If the American citizen has established residence in the spouse's country for a period of at least 3 years, issuance of the visa  to the American citizen's spouse should be automatic.

You've already answered your own question Mike....Wrong color, that simple.

The USA sucks

Yeah. That's what I think too.

Yes  because I would  like  to  be living  in  Brasil  with  my  Future Brazilian Wife   if I eventually   become  permanent  residence in Recife

Toi give you some idea, I'm South African, we need the same usa visa.

A few years ago my brother got one not even having a job, simply on been a nice Jewish looking boy( not even Jewish lol)

I also got my usa visa about 3 years back only been asked 1 question "where are you going?"


Ok it is a new administation, but my Brazilian wife also just entered the USA on a visa she got years ago and never used in an expired passport, with an ordered to Leave south africa stamp in it :lol:   ( not her fault the incompetent SA immigration issued her with an already expired visa)
She's also white looking and speaks fluent english, I was worried but she said they asked her nothing.....I guess it's all profiling

As a south african I had to get a visa to the dutch caribbean now in Brazil, real pain in the arse, as Brazilians don't need it, I was bitching about it to a Brazilian buddy and his reponse was "don't worry man , they just want to see you not black, then they won't have any problem"  (I got the visa on the Basis of a job I'd just left :lol: )
Life is really not fair....

Things were so much better in this respect under Obama

I bet they were.

Hey there, my boyfriend is Baiano and is obtaining his tourist visa in December for the first time. We know that in the future we want to get married but we want to get married the reverse of how you did. We want to marry here in Texas, I am African American, and then live in Brazil.
Once we decide to get married do we need to marry while he is here on his tourist visa then register with the consulate here? We definitely want to marry again on Bahia for his family. The goal is to love in Brazil but still travel here to the United States so that he can sell his paintings. I am also military retired.
Any advice would be great!!!

I won't advocate breaking any laws. I recommend getting married in TX and when you are settled in Brazil, have a family reception.

Thanks Moto for your advice!

Moto is correct. All you need to do is get married in the USA and apostille the marriage and then authenticate it in Brazil.

Jim

Get Married in Texas,, you can then do his whole visa process from the USA side

Thank you Jim!!

What they said.  Much easier and less hassle.

Hopefully they don't deny your boyfriend's tourist visa like they did my wife 4 times.

I hope not Mike, he applies for his passport tomorrow then on to his visa. I told him to keep it simple and not go into details of things he wants to do here. Only that he is visiting his American girlfriend then going back home.

Nope. Denied. If his interviewer is anything like the 4 my wife had. She interviewed three times last year and said she wanted to meet her boyfriend's parents and was denied. Tell him to lie and say that he's visiting Disneyworld or something. Especially if he's applying in São Paulo and is darker-skinned. And tell him to not buy tickets until and unless his visa is approved.

I'm thinking that the idiot interviewers ASSume that if the Brazilian knows anyone in the US and admits to knowing them the Brazilian is going to stay.

I'm visiting my parents in SoCal right now (alone) and can hardly wait to go back home. The customs guy in Houston said "Welcome Home" when I got here last week. I told him home for me is Brazil because Brazil wants both me and my wife, while the US doesn't seem to want my wife. He had that "deer in the headlights" look we all know so well. "Um, er, ah, erm, ah, ok. Have a nice stay."

I hear you, he is actually very fair skinned with curlier hair. We shall see. I can say that after my first visit here this doesn’t feel like home, I miss Bahia. Wet much and can’t wait to start and finish my transitioning there. No country is perfect but just too much mess here and it doesn’t feel welcoming here anymore. When I went to Brazil I felt like I was born to the wrong country. Even after we settle we are only going to visit here. I hate you’ve gone through all you have. My son doesn’t even feel happy here anymore. I am merely tying up loose ends here with certifications and such i want to have once I move and transitioning my son.

Knowing our current government, since he's got fair skin, I'd bet he could get a visa even if he told them he was unemployed.

Born in the wrong country...
"Transcountried"!? :-)

It was fun listening to the Brazilians come up with why Kenyen and I were so much like the Brazilians but I’d never been there lol They swore up and we had relatives or something. I miss it!

I had a roommate who said I was more Brazilian than anyone that was living in the house at the time.

When you met your wife and first went to Brazil did It automatically feel like home for you? That’s how it was when I went and then met my boyfriend. I had. Or doubts in my mind and everything about the place just felt natural and right.

That's a funny story. I originally went down there to be with someone else in June of 2012. Turns out she preferred a long distance relationship and said I should go home and we should remain friends. I told her about that leap she could take because Brazil was a big ocean and she wasn't the only fish in it and that I was staying because I loved Brazil.  So, basically, yeah, it did.

MotoExpresso I believe that should be added to the dictionary now lol i’ve Been to many countries but Bahia was the first place that made me feel at home. So how did you know for you too Brazil was where you had to be?

I’m glad you guys met you genuinely look very happy together. It just looks real in your photo and I can tell you really love her. She looks full of humor, lovê, compassion and a big laugh. And she is very beautiful. I wish all the best for you both.

I gave my boyfriend a hard time, he was selling his paintings in Bahia and I was sitting there eating with my son. He asked me more about myself and forgot about the paintings. He asked me if I would meet him again so we could learn each other more. After I did he asked me out after the second meeting and I turned him down but he kept coming back persistent because he saw something special in me not that I was a tourist. I thought he was blowing smoke. After the third time we started dating and have been inseparable since. I wasn’t even thinking of wanting a boyfriend, I was there to study Portuguese and culture!

No, not automatically. I look Amercan and can't get around it. I don't blend in well. Being Black in Bahia is an advantage for you, so that's great.

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