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Why don't you move to Brasil after you get married and become a permanent resident here ?

@Jeriloving33

Perhaps you could split the difference, living in a Central or South American country that accepts you both?

Or Portugal, or another country?

Just a thought.

09/20/24  They suggested that when he reapplies, he does the following.1.) request 10 days2.) travel to South America, with passport examples given were Argentina and Chile3.) provide my passport information within the invitation letter4.) show strong ties to Brazil.I'm now trying to reconfigure the plans. I'm thinking that we meet in Peru (I'm currently in the USA) though Peru was not suggested by the consulate, it's affordable and he can go there with just his passport and take a 10-day vacation as they suggested this will strengthen his opportunity of showing he's a legitimate "tourist". After this we will both return to Brazil, and he will return to work. We also plan to get married in Brazil. Yes, the relationship is legitimate we have been together for a year and have proof of us living together for 8 months we share 3 cats (2 of which are in Brazil with him now). Would the tourist visa still be appropriate for him to reapply for after marriage? Would this help or hurt his reapplying for a visa? I need suggestions on how he can show stronger ties to Brazil and improve his financial status (I'm financially able to send him what is necessary) for ie. enroll in a school program, purchase a property etc.         -@Jeriloving33

Good afternoon.  The key fact about a Visitor Visa for the United States is that the Consular Officer is required by law to make a "rebuttable presumption" that the applicant plans to overstay the visa.  If the applicant doesn't successfully "rebut" the "presumption", then the officer must deny the visa.  So proving intention to return to Brazil without overstaying the visa is key.

Already being actively enrolled in a school program accredited by the Ministry of Culture is good evidence of intent to return, especially if the applicant has already completed one or two semesters.  Since you don't mention that your boyfriend is enrolled in a public university, I assume that he isn't; no matter, there are still good options available.  If he's successfully completed his "ensino médio" (sometimes called "segundo grau", the equivalent of high school), he could enroll in a private faculty or university.  If he's more technically inclined, he could enroll is a technician program at the local Instituto Federal; this has the added benefit that the Institutos Federais are widely respected and would be known to the Consulate.  If he hasn't completed his ensino médio, a course to accomplish that would be fine, any accredited course that would require him to return to Brazil by the time classes start up again. 

I can see where a three month request could make a suspicious officer even more suspicious.  Ten days to two weeks will probably raise less red flags.  If you can tie a longer stay to specific events, try that:  when my boyfriend (now husband) went to the US for the first time it was for two and a half months, to spend Thanksgiving, Christmas, and New Year, and be back in Brazil before Carnaval.  With all those holiday linkages, there were no questions.  He also had a fulltime job with a signed Labor Card and was enrolled in a federal university.

Adding the suggested information to your invitation letter is a good idea.

You're right:  it's probably not realistic to expect your boyfriend to go out and get a job that pays R$10K+/month.  There aren't a lot of those around!  Is his job at the Pousada a formal one, with his Labor Card signed by the owner, and regular payroll deductions and benefits?  If so, his best bet is probably just to build up a longer record there and try again later.  If he's working informally/off the books, though, he'd probably be better off either formalizing his current job or getting a formal job somewhere else for a lot of reasons, including a formal employment record for visa purposes.

It sounds like the Consular Officer he spoke with would like to see some stamps in his passport.  That's not a bad idea, but it may just be that officer, too.  If you two want to go, probably the cheapest country would do.  Peru would be ok, I guess, although Uruguay, Paraguay, or Argentina might be cheaper.  In any of those countries he may have to ask to have his passport stamped, so he should do that.  Staying 10 days shouldn't be necessary.

Married or single your boyfriend will need a Visitor Visa to visit the US, but getting married before he has the visa probably won't help, and may even  make a Consular Officer more suspicious.  The Brazilian wife of one member here was rejected three times after their marriage.  After three tries at their nearest Consulate, they finally succeeded by applying in Brasília.  So you'll have that option, too. 

@abthree

Good evening,

I appreciate all of the detailed feedback. I had the same holidays planned for him to visit as well and for us to also return for carnival together. He is formally registered at his full time job at the Pousada, I think because he's only been there 5 months as he recently left a restaurant he was with for over a year. So I think him spending more time working at the Pousada will help.

We are going to do some research for him to register for some courses in a private faculty or university since he has completed segundo grau as you recommended! I think that will make a big difference helping him have stronger ties to Brazil. How long was your husband registered for federal university prior to applying for the visa?

Yes, him getting a stamp in his passport from visiting elsewhere may help but I'm trying to decide if it's best to invest that money into him going to school instead but open to doing both. I think the combination of that with being in school is a must. Like you said that official may not be 100% right with that being the only solution. Thank you, I'll look into Uruguay and Paraguay as well. I found flights, and hotel for 10 days for a little under $2000 to Mancora Peru. This also includes my flight to go back to Brazil and return the USA after about two and a half months.

I was also thinking the same thing that getting married would only make him look more suspicious. I can't imagine how frustrating that was for your friends getting denied so many times! He applied in Recife which was a 12 hour trip from Jericoacoara, so this denial was a tough pill to swallow. It's been 4 months of long distance and planning this now. I don't know if he goes to a different location in the future if he'd get different results.. I can return to Brazil in November. We want to make the best decisions to secure his next attempt.  It's most important to us that he has a good opportunity at obtaining a visitor's visa vs us getting married right away as we're OK with being engaged until he has the ability to come back and forth.

@Gasparzinho 777

We are considering it but I run a successful business in Miami 6 months out of the year May-Oct. So it's ideal for us to be able to come back and forth where I can spend 180 days in Brazil and vice versa for him eventually but if he has to stay in the USA short term just to obtain the visitor visa we're OK with that as we have to start somewhere.

@alan279

I run a business in Miami May-Oct so we would like for him to be able to come here during my work months.

@Jeriloving33

A few years ago I took some Brazilian friends to the UK, and although they did not have to apply for a visa first, it was a nightmare to provide acceptable paperwork to gain  admittance.

This included proof of ownership of assets in Brazil, proof of funds on deposit in Brazil, proof of legitimate employment in Brazil, proof of strong and close family ties in Brazil, etc, etc.  It made zero difference that my company was financing the whole trip - they were simply not interested in that. It was all about proving that they would return to Brazil (even after after a short visit), and I am sure the same will apply to your boyfriend.

The simple fact is that he does not have any of the above, and wanting to enter the US for 3 months is a huge red flag, and a certain non-starter. Maybe he can start to achieve some of the above over the next few years, as @abthree has suggested, and apply again?

Meantime I have been racking my brain to try to figure out what business you could run from May to Oct in Miami - out of season. Possibly a house- or boat-sitting service while owners are travelling? Please help me!

09/21/24 @jeriloving33.  When he got his US visa, my husband had completed his first year in the local federal university and was starting his second, and had worked for over two years in a federal agency, so he could very credibly say in his interview, "I have to be back in Brazil before classes start again, and for work."  This doesn't need to be a lifetime commitment -- he later changed both universities and jobs -- but it has to be true at the time of the interview.

Once a visitor has a visa and has completed a few visits without overstaying, their clean  I94 Form () , the computer record of their entries to and exits from the US without any overstays, becomes the most important thing, and there's a lot less stress.  My husband's first visa expired this year and he renewed without even have to go in for an interview, I'm sure because his I94 shows many compliant trips.

A trip to anywhere in South America will be expensive from Ceará, but Peru could set off more alarms than the more southerly countries, as a possible place for meeting up with human traffickers organizing migrant caravans to the southern border of the US.

I'm starting to think that there may be a problem with the Consulate in Recife; our friend who was turned down multiple times was turned down there, too.  If your boyfriend is turned down again, you might want to try Brasília.

    @Gasparzinho 777We are considering it but I run a successful business in Miami 6 months out of the year May-Oct. So it's ideal for us to be able to come back and forth where I can spend 180 days in Brazil and vice versa for him eventually but if he has to stay in the USA short term just to obtain the visitor visa we're OK with that as we have to start somewhere.        -@Jeriloving33

When I brought my Brasilian wife to Canada 2 years after we were married in Rio I did so thru sponsorship. I had to provide full financial disclosure, wait for the investigation and approval and then sign a legal document with the government obligating me to cover her financially for 10 years, regardless of whether or not we were still together.

Does the US not have such a program ?

Here’s a list of people who I personally know who have received tourist visas to the USA.

1. Couple who are in their late 30s, they own property in Brazil and the wife is an attorney .

2. Couple who are in their 50s, they own property in Brazil the husband is a Pastor and attended college in the UK.

3. Widowed senior citizen male in his 60s, has children and grandchildren in Brazil and the USA. Not a professional person.

4. Widowed senior citizen female in her early 70s, with children and grandchildren in Brazil, the USA and the UK.

5. Single 15 year old (my niece) who had an invitation letter from my wife and I explaining her complete itinerary (visiting NYC, Niagara Falls, NYS Museum etc..). Note, she was still in school and her time to visit corresponded with her school vacation schedule.

6. Single woman in her 40s, who had a professional position in a bank and owned property in Brazil.

I haven’t seen anyone, single in their early 20s in a non-professional job get a tourist visa to the USA. They may be out there, but I’ve never seen them.

7 One additional person I know that received a tourist visa. Married male in his 50s, works for the Policia Federal in Brazil. Owns property and has a wife and three children in Brazil.

The sad thing is the US is probably are going to deny many visa because of  the election in 37 days. Since Imigration is one of the top issues. Here what I learned when my wife was denied. First  you need to show a bank account like they said shows 10,000 reals a month. Second you need to own a or paying on a car show any assets you own in Brazil. Also talk about your family who you are helping to take care of like your grandmother. They need to be convinced you are coming back. If you only show one of these thing it will not be enough to give you a VISA. I can say from experience my wife only showed enought in the bank but was in between not owning a car. She didn’t stress she owned 2 properties with houses and was taking care if her mother. Also she has 2 daughter and granddaughters didn’t say this big mistake.

Get a seasoned immigration lawyer and pay a flat fee instead of hourly

When I brought my Brasilian wife to Canada 2 years after we were married in Rio I did so thru sponsorship. I had to provide full financial disclosure, wait for the investigation and approval and then sign a legal document with the government obligating me to cover her financially for 10 years, regardless of whether or not we were still together.Does the US not have such a program ?        -@Gasparzinho 777

I have heard of the need of providing a statement of financial responsibility when sponsoring in Canada and Australia (common in Commonwealth countries). 

I am not aware of a similar program in the US - but I am pretty sure that it exists in some form of immigration law as US Homeland Security has to deal with legitimate claims for asylum and / or family reunion cases.

The most important items when sponsoring someone are to show a) lack of red flag items like health issues, multiple prior complex relationships, criminal records, unauthorized entries, etc.. and b) someone (significant other or self) to take personal responsibility for all expenses / activities.

I have no evidence of this but I think that it also helps if the person being sponsored has a history of trouble-free travel in / out of the country.  I suspect that the whole visa / immigration system uses a central database that keeps track of the number of entry successes and failures - and the reasons for those.  Of course, if someone is entering the country for the first time and / or making a new type of request, you can expect some level of scrutiny - and this may commensurate depending on the amount (or lack) of information already available in the system.

All common sense type of thinking....  But as usual - get a lawyer if in doubt....  I did and still do....