Expert: Sandra - 7/4/2011

Question
I have recently married a brazilian woman in brazil. We have our marraige papers and she has her passport. How do I get her to the usa with me? Fastest way possible. I will work on the rest of her green card paperwork once she is here. we also intend on marrying here in the states in thoughts that would be easier with us documents of marraige.

Answer
The only way is going to be on a spouse visa.

If the U.S. Consulate sees that she is married and applying for a tourist visa, they have usually refused (in many cases I know about) to issue a tourist visa to spouses in couples married less than about 2-3 years. (I guess the thinking is that you're just trying to circumvent the spouse visa process.) You can't "work on the rest of her green card paperwork once she is here."

You don't need to marry again in the U.S.

To apply for the spouse visa, you have to start by filling out the I-130 form (available on the uscis site, with instructions). You don't need a lawyer for any of this if you are organized, esp. about supporting documents required. She will need a medical exam eventually also, by a doctor on the offical list you will be sent, but that may be able to be done the day before her interview at the U.S. Consulate. With the spouse visa (as opposed to a fiancee visa), you can apply for the I-485 at the same time and she will also get a work card.

The time from filling out the paperwork  to getting an interview at the U.S. Consulate is running about 7 months. If she is approved at the interview, she (or you or both) will be sent a sealed packet to bring with her and present at customs on entry. Then she can get on a plane as fast as she can make reservations.

Best luck.