ty :@
Dec 3, 2021
Marriage U.S Citizen
Good evening everyone, I have a few questions. Me and my girlfriend got engaged and we decided to get married, we do have a few concerns. first, I overstayed my status for 120 days during Covid because I wasn’t safe to travel back to Brazil, should I be worried about that? I was on F1 student visa. 2- If we get married in Brazil, and decide to live here for the next two years, when we decide to move back to the U.S, will I be granted a permanent green card? Will I be able to apply for citizenship after one year? 3- After getting the permanent green card, can I live abroad? Do I get the citizenship at year 3 of my marriage or do I have to be living in the U.S for my citizenship? 4- Does the Brazilian marriage paper work as proof of the marriage? sorry for so many questions, although we want to move back to the U.S in the future but I have really great career opportunities In Brazil now, so we would delay our return to the U.S. #1
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Lilo PelekaiDec 3, 2021
hello ty. 1. from my understanding, depending on the case, your overstay get pardoned after you marry a US citizen. 2. you may get granted marriage-based permanent residency. no, you have to be on permanent residency for a minimum of 5 years before you can apply for the US naturalization. 3. you may live abroad with a GC but if that's your intent then that might complicate your getting it in the first place. why get residency in the US if you don't plan to live here? that's how USCIS looks at it. you have to be physically present in the US for 5 years before you apply for the US naturalisation. 4. it should be acceptable if it was in a church or city hall. but you might want to check with an immigration lawyer. overall, check all those answers with an immigration lawyer. 🙂
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pat agDec 3, 2021
hello! my advice is pay a immigration lawyer for an hour and hace ready all your questions. I did that before I get married
Nina MRDec 3, 2021
with GC you can live overseas for more than 6 months.if you go back and forth they're big chances they warning you for that if you leave the country right now they will not said nothing to you but they can bann you for overstay visa.so chances are you married in Brazil but you can't come back to US.if you stay in Brazil you have to fill 130 thru embassy and the waiting is like 2 years if you start your forms here you can apply for status,work and parole travel is up to you
Lilo PelekaiDec 3, 2021
pat ag - fact! many people try to do it by themselves, but when it comes to immigration, a lawyer is the safest way to go. 🤗
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pat agDec 3, 2021
@ kilo Plekai yeap, at least this case worth ask for a lawyer advise 🤗
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mad anDec 3, 2021
better take lawyer help
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Andre MoreiraDec 3, 2021
1: You/wife needs to be US Citizen to apply for GC, If you came to US legally it's fine (Visa) 2: If you marry in Brazil, you need to apply for Embassy, takes a long, long time to get your entry documents and here is much more cheap than there (I know because I am brazilian) It's better you Marry here and she/you apply for the I-485, now it's taking more than one year because of Covid, but It's better here than there. 3: You can't be outside for more than 1 year, if you have to be out, You need to apply for Reentry Permit. You can apply for US Citizen after 3 years of greencard, not of marriage, with the waiting interview that is taking to long and after you get you GC, takes more than 3 years of applying for GC, wait for interview, when you get you 2 years card, the next step when your 2 years card wil expire, you need to apply 90 days before for the 10 years card, when you apply they give you a letter saying 18-24 months to get you second card, so be patient, It can takes years to finish everything. Yes you NEED to be living in the US for Citizenship. 4: Can help to proof, but you need more documents from here to proof you marriage.
Justine MusserDec 3, 2021
Hi! I just wanted to give my experience for your first question about the overstay! I’m a Canadian citizen and I also overstayed in the US for 3 months, about 90 days, when I tried to reenter the US, I was flaggued and the US Border agents banned me for 6 months, it was really frustrating… I then married Daniel (US Citizen) and we started the Green card process. My lawyer did say the overstay was definitely not ideal but shouldnt be a big deal. unfortunately, she did say that if it had been overstayed by 6 months, I could have been banned for 3 years. Anyway!! I dont want to stress you out, but I do think you should pay for a lawyer consultation! just one and write down all your questions and advice!
Lilo PelekaiDec 3, 2021
Justine Musser - wow, thank you for sharing your experience. I have never overstayed my stay but it's interesting to read others' stories. I'm glad it all worked out for you! 😃
Lucas LDec 3, 2021
tem que morar nos Estados Unidos enquanto tem o green card, mas também quando você for aplicar pra cidadania eles irão contar quanto tempo você passou fora. ou seja, se você vai muito ao Brasil e passa muito tempo, isso pode contar negativamente na sua entrevista de cidadania. isso é contado do dia que você recebe o green card até o dia entrevista. se você é residente permanente e passou mais de um ano fora do país isso pode deixar uma brexa pro officer embaçar com você e negar sua cidadania. minha dica é, aplique pro green card se você realmente irá morar aqui nos Estados Unidos e trabalhar aqui, e toda vez que você sair do país anote os dias de saída e volta dos Estados Unidos, e quantos dias você passou fora, isso pra você manter uma noção de quanto tempo você esteve fora do país. boa sorte com o que você decidir e sucesso.
Lilo PelekaiDec 3, 2021
valeu, Lucas! Mas acho que a/o TY quer ficar no Brasil para manter a oportunidade de emprego lá. Então, de qualquer forma, seria melhor para TY conseguir um advogado. 👀
Lucas LDec 3, 2021
bom vcs podem se casar o quanto antes, pois se vocês decidirem aplicar pro green card daqui 4 anos por exemplo, vocês já recebe o green card definitivo de 10 anos, pois quem no dia da entrevista já está casado a mais de dois anos recebe o green card permanente de 10 anos, então não esperem decidir voltar pros Estados Unidos pra casar, pois tempo de casado conta no tipo de green card que vai receber, temporário ou definitivo.

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