Waycross, GA Immigration Law Firms & Lawyers

The problem with your case is that you filed I-130 while your wife was still in Australia providing Australian address. As such, upon approval the I-130 will be sent to National Visa Center for Consular Processing. Another issue is that your wife entered under VWP. If she stays for adjustment of status here the USCIS may raise dual intent issue at the time of the interview and deny your wife's adjustment. In this case she won't be able to seek judicial review of the denial because of her initial entry under VWP. Before you do anything further seek a formal legal advice from an immigration attorney.

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.

When a Lawful Permanent Resident becomes married to a foreign national, and the couple lives in the U.S., they may be able to successfully pursue the steps for the spouse to become a Permanent Resident, beginning with a Form I-130 Petition for Relative Alien. When names to not precisely match from document to document as described in your question, that generally is a relatively minor complication that can be addressed in the application process by showing the person is known by multiple names, without the necessity of applying for a replacement "permanent resident card" or seeking to modify a marriage certificate. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant details, could advise about eligibilities, options and strategies, including the most appropriate ways to address the inconsistencies in use of names, and who could offer legal representation in the often complex application process.