Commerce, GA Immigration Law Firms & Lawyers

OK so you can sponsor her for a fiancée visa, but the requirement is that in order to do that you need to have physically met within the last two years. Once that physical meeting has taken place, then you can sponsor her for her Fiancée visa. Now if you are not serious about marrying her presently, then she can simply apply at the US consulate in Brazil for a tourist visa. She will have to show that she has a job and property in order to convince the consulate that she Will return to Brazil after her trip is finished.

For a goal of obtaining Lawful Permanent Resident status (getting a "Green Card"), generally a U.S. citizen and his foreign national spouse must file a Petition for Relative Alien, an Application for Adjustment of Status, Biographical Information forms, an Affidavit of Support, an Application for an Employment Authorization Document and a full set of supporting documents for each. If the foreign national spouse now is in valid nonimmigrant status, an Application for Advance Parole with supporting documents also should be filed (note: there no longer is a separate filing fee for an Application for an Employment Authorization Document or for an Application for Advance Parole). Failure to properly prepare and fully document each application can lead to significant delays or even more harsh consequences. Especially since you and your wife appear to be less than fully familiar with the marriage-based adjustment of status application process, which can be far more complex than it might first appear, it would be wise for you to consult with an immigration attorney for legal representation.

The facts you presented are a bit confusing. Are you and your husband currently on F1 visas? If I understood your question, your husband is now on OPT and he has his H-1B approved but will take effect on October 1, 2012. You are now on F-1 and you want to change to H4 once your husband start work on October 1, 2012. In the meantime you want to maintain your F1 until October!!!!! If this is the case, I would stay on F1 until your husband's H-1b is in force and change your status to H4 after October 1, 2012.