Hi Everybody!

Ok, so I'm sure this will be the umpteenth time this question has been asked, but I gotta know!

I'm about to embark on the 'Visa Journey' and file the I-130 for my wife of 2 1/2 years. I plan to file via DCF in Mexico.

The original plan was that she was going to come live with me at the very beginning of August (I just recently came back to the US to begin working, and we will have our big 'Church Wedding' in Mexico at the end of July). Then I got to thinking that it probably wouldn't be the best idea to just bring her up on her B1 Tourist visa and then figure it out later.

So thus I have decided to go ahead and file and take advantage of the time we're going to be apart anyway. The big question of course is: if her 'Interview Approval' letter hasn't come through by July or August, what are the chances she can come up as a Tourist while it's still processing for the last couple of months until the thing is ready?

I understand that it's not common that they let you do that, (which is understandable) but what are the odds that I can make that happen?

Has anyone been in the same situation in which they were successful (or unsuccessful) in bringing in their beneficiary on a tourist visa while the big one was pending? Thanks for Sharing!

Wow I guess this question isn't as common as I thought... 50 Views and No responses? What's Up?!

Well, I finally got ahold of someone at the US Embassay in Mexico City to give me the skinny (after dozens of calls over the course of a couple weeks). He was very helpful and gave me a lot of information about how I could do DCF and what the requirements are etc...

Good news is that I asked him the question in my post here; I asked if after initial approval of the I-130 whether or not my wife would be able to travel to the United States using her valid B1 Tourist visa. He said 'yes,' that they will still honor her valid B1 visa up until her interview for the IR-1 visa in Juarez and let her enter as a tourist, so long as her intent is not to stay and that she can proove ties upon request. Heck, that's no different than when she comes to visit now without having filed the I-130!

Of course I'd like to get more opinions and confirm this with several sources, but I do feel a little more at ease. I thought it was just kind of a gereral rule that once you've filed for an immigrant visa, coming in as a non-immigrant was pretty much no longer an option.

Didn't you ask all of this before?

Yes, it is no different.

Sorry G&T, yes I did ask a similar question in a previous post in this same section Though it wasn't the same thing in that post; beforehand I was just concerned in general about her travelling back and fourth and if it made a difference if I travelled alongside her with us being married and all.

That topic did not take into account the scenario of having filed for an immigrant visa and then traveling as a tourist. I had it all made up in my mind that just the act of filing for an immigration visa would essentailly void a tourist visa, but luckily, it looks like I was wrong

I'm sorry to be redundant, but just like all of us posting here I have a lot riding on this

Can't blame me for feeling insecure!

No blame at all.
Still wondering how do you plan on filing DCF if you do not live in Mexico. It doesn't work that way - no residency for more than 6 months, no DCF. I think you will apply for an IR-1 via Juarez, but not DCF.

My fiance and I filed for the K-1 visa in july of last year, and that was when the surge of applications was happening at all of the centers so our process took about 8 months from start to finish so we were apart for a pretty long time. Anyways, if you file for the K-1 visa, it's ok for her to visit you, my fiance visited me while we were in the middle of the process (before we got our NOA-2) and they gave him no problems at customs, since he had a valid passport and visitor's visa. With the K-3/or the other visa's I don't know. You can still technically do the church wedding, you just can't get married legally.The embassy looks at is the "legal" part,and if you decide to do a church wedding just tell your fiance not to mention any of that at the interview, nor show those pictures.......but to be on the safe side save any type of ceremony for after she gets her visa......hope this helps...

Hey Len, I could just give up and file normally, but if I do it soon I could totally swing DCF and the chances of any reprecussions would be almost nil. The requirements for Mexico DCF are that one must have a valid work / study permit (aka FM2 or FM3 - Got It) which has my address in Mexico (it's there) along with some recent bills with the same address (Got 'Em). Remember I was in Mexico for three years and have only been gone a short while. My wife still lives at the same address and most of the utilites are still under my name. She will be moving out at the end of the month however.

Many US Citizens who have filed DCF have told me that they sent the papers and left the next day. So it seems that, because I have all the appropriate documents (and then some), unless a USCIS officer comes to our door to verify that I'm there no one really has to know that I left

It's a little bit of a gamble, maybe. Do you really think that's not worth doing? I see more Pros than Cons by trying to go DCF style, but you keep bringing that up and I feel like I'm gonna get in trouble

Hi Michelle! Thanks for your post!

I think you may have misunderstood my situation a little bit... But you still answered my question

The Legal wedding is old news and we did that a long time ago. So 'Legally' speaking, we're man and wife here there and everywhere The ceremonial 'Church' wedding we haven't done, which of course is all that's important to the bride!

That makes our case kind of special and unique because I filed for a K1 for her before our 'legal' marriage and before anything else and she was interviewed and approved and the whole bit. But things got a little weird and we didn't use it and it expired. I pleaded with Juarez to give us another shot and they sent us a new interview notice for her, but we had already legally married by that time and so I just figured the K1 wasn't any good anymore and we wern't ready for her to immigrate anyway.

So last summer I wanted to bring her up for a visit and she applied for her tourist visa (she had already been denied the B1 twice before meeting me). Of course they denied her that time too because we were married and had an open K1 case. However, I raised hell at the senate level and with my congressman and by the grace of God the called her two days following the denied B1 and told her to come to the consulate immediately to pick up her visa.

Anyhow, after all that crap just to get that B1 I just don't want to 'loose' it so to speak. It is sounding more and more to me like we will be ok if I file for the IR-1 and then a couple months into the process she comes up on the B1. I imagine that if I file soon by the time she is ready to come up (August) there won't be too much longer to go, meaning she could just come up and ride it out here while not overstaying an I-94 (typically good for 180 days) but I'm a wishful thinker.

wow i had to read your post a few times because it does sound a little confusing, but I get i now

Good luck with everything and I hope it works out

What are the pros of DCF over filing from the US since you are living in the US now anyway? just curious.

Dude, that's pretty obvious. DCF is always -mostly- waaaaaaaaaaaaaay faster than filing in the US.

Dhudson; I am so glad you got that sorted out my friend --- go DCF full force. and best of luck!!!!

Yea exactly. I mean, now that I feel a little more confident about her being able to come in as a tourist while the big one is processing I wouldn't be so grumpy if I had to file within the US. But I figure, I seriously did live down there for a good chunk of my life and meet the requirements for Mexico DCF, so why not make it work to my benefit?

My plan is to get everything together and then FedEx everything to my wife in Guadalajara. She can then add any of the remaining docs (Translated Marriage Certificate, Sons Mexican Birth Certificate etc...) and then ship the forms to Mexico City. While I no longer live in the address listed in my visa and she's about to move out of there, I will list that address as our address and our neighbors can relay any mail we receive from the consulate to us (my wife will still be very closeby for the next several months). Seeing as how the plan now is to have her come in as a tourist once filed, I actually am starting to think that it may actually strengthen our case by filing DCF (if they give us issues upon entry, I can claim that I still reside with her in Mexico using my valid visa and bank account as evidence). It appears that, as opposed to many other countries, they do not penalize those who travel back and fourth to the states who file DCF.

Now, hypothetically speaking, any insight as to what action would be taken if you file DCF and they deem you unqualified to do so? Would they just forward the paperwork to the states or do you think there would be consequences?

Something else occured to me that is a total long shot but is worth trying. Because we have an open / approved K1 sitting in Juarez (in the interview phase), I think I'm going to try calling them to see if there is any way I can get a little help on their side. I'll just tell them that we have since married and see if there is anything they can do for us. It kind of worked before when our K1 expired I was eventually able to convince them to essentially re-issue the approval without having to get in the back of the line. So maybe, just maybe, I can get them to switch it over to a K3 or something? Hey - It's worth asking!

See responses in this really cute color. Please please please be careful with all the details. They might seem minor, but they can eff up your application in a snap.

Thanks Len! say, That IS a Nice Color

Well do you think it would just be better to wait until she's just about to come up here after our wedding in Mexico, bring her up on her B1 and then file the I-130 in the US?

I know that's pretty much a no-no, but what the hell? If it would be safer and more certain that we could be together I could just ship it like the day before she is to enter as a 'Tourist' and then just pray that she gets the 6-month I-94 and that her interview for the IR-1 is ready to go by the end of the six months.

The problem with that is that she wouldn't have the privleges of a Resident (driving, working, studying) for a much longer time and I also would rather take advantage of the time that we are going to be apart anyway since it'll still be 3 months before she comes here to be with me in August.

But if that would better our chances of her being able to get up here I could go for that.

So what do you think? File DCF now or file Normal Later?

Ok So I just found out from USCIS (website and a phone call) that actually once she's here I can file the I-130 along with a request for Permanent Resident Status and just do it that way. It only applies to spouses or children of a USC, but apparently she could just enter with her B1/B2 and we could file stating that she's already here and do it all within the US. From what I understand there is no real penalty for doing it this way, but they bite you big time in fees with all the other forms you have to file to adjust status (about $1500 or more) and it sounds like a real pain because of all the AOS stuff they make you go through (not like any of the other ways of doing it are exactly painless though lol )

Still, I'd probably spend the same amount of $ travelling to Juarez on a real UNvacation if I do it the normal way

Why didn't anybody tell me about this? Is there any other real disadvantage in doing it this way that I'm not seeing?

USCIS actually told you she can come in with a tourist visa and adjust status? WOW. You will read over and over in VJ how entering the US with a tourist visa with intent to immigrate is a big , so I would take that advice with a grain of salt. Worth another phone call to those folks... they are well known for being the mis-information line.

Thanks Len. I think I am going to post a new topic altogether for this question. But I'm pretty much sold on doing it this way unless someone can convince me that it won't work. If you read the instructions for the I-130 on the USCIS site now it's right there in Black and White. States that if your non-citizen spouse and / or child is currently in the US (legally) at the time of filing then to indicate such in order to begin the process from within the United States.

The kicker is that, as I was told when I called the guy at USCIS, they really nick you in $ with all the other forms you have to fill out. As I understood it, you have to file individual forms for, say, the medical exam etc.. To name a few (I didn't catch them all, but will in my next call ):

G-325A, I-765, I-693 and an I-4something (in addition to the I-130). One of those alone runs about $1200 (it's an AOS type form). But again, I'd pay roughly that for us both to travel to Juarez and the whole bit and frankly I'd very happily shell out a little extra to not have to go to Juarez and stand in line and do it the 'Traditional' way.

What I don't understand (among other things) is how we could possibly get all of that worked out before her I-94 visa expires, which is usually only good for 180 days? She'd be legal at the time of filing of course (because she'd be here as a visitor), but what happens when they are still processing everything and her I-94 expires ?

Sorry, it's not in the 'instructions' form, it's in the 'what do I file' form (in the section, 'I am a US citizen, How do I...'):


http://www.uscis.gov/files/article/A1.pdf

I think you are mixing questions, answers and conclusions to fit the answer you wanted to hear.

IMO, you've perfectly described a fraud scenario in that your wife would be intentionally using a tourist visa to circumvent US immigration laws. As such, your wife could face deportation and a long re-entry ban. You'll want to consult with a qualified immigration attorney before attempting this.

While it is true that the spouse of US citizen now in the US with legal entry may adjust status to permanent resident, this is for people who married in the USA or otherwise entered without intention to circumvent US immigration law.

A careful examination of you questions and answers with USCIS will probably yield data indicating you've used a form of "convenient interpretation" or that the representative was poorly trained and gave the typical misinformation for which they are famous.

If the conclusions you drew were correct, there would be no need for anybody from a visa waiver country or Canada to ever go through a K1, K3, CR1 or IR1 visa process. Not so much.

I strongly agree with this.

Me too. This is why I recommended dhudson to contact an attorney before doing this. It is indeed a perfectly described fraud scenario as push put it.

Thanks all for your responses. I will certainly contact USCIS again before I make the final call to do it this way. Pshbrk may be right, it could just be my selective hearing, wouldn't be a first for me However, I was very clear in describing the potential scenario to the USCIS guy and didn't word it any way so that the results would just go in my favor. In fact, I asked him at least a couple of times what kinds of reprecussions or consequences this route could have and his answer was what I have already posted, that it would cost a bunch of money, but that that was really the worst of it.

The other option would be to just file normally (or DCF as I was leaning towards) and then have her travel back and forth meanwhile. Really the only difference between the two options is that we would have to travel to Juarez and that whole bit and be treated like herded cattle for a couple of days, but thats the only major difference. I expect the outcome to be the same regardless.

While I sincerely do appreciate the feedback from everyone, I've noticed that there's a real gloom and doom mentality on these forums. Its certainly understandable, our immigration system is absolutely horrendus and has undoubtedly caused a lot of heartache for the people posting here. Having been through the system a couple of times before I know that it's no picnic and I too have a pretty negative outlook. But some positive feedback once in awhile wouldn't hurt. At least some optimism for the rest of us.

If I haven't learned anything else from all of my experiences with the USCIS, it's that if you make noise, flap your arms and throw enough tantrums to get your way, you can get them to eventually bend the rules for you (within reason, of course). All it takes is some determination and dedication, and eventually they'll work with you just to shut you up. You may not get a miracle, but you can come pretty close.

What really leaves me scratching my head is that I've been reassured that this way of doing it (bringing her in and adjusting status in the US) is perfectly fine and ideal by many immigrants from all over (namely China and Mexico). I've met with people personally and via various forums who have told me this, all of which were immigrants themselves in some respect. It makes me wonder: either we're the suckers, or foreigners know the best way to exploit the system... or at the very least they know how to make it work to their advantage.

I don't mean to sound gloom and doom. I honestly care about others going through this tough process and I really do not want to see anyone taking a route that is not totally legal, getting caught, and suffering the terrible consequences. It is definitely illegal to enter the US under the visa wavier program or a tourist visa with the intention of staying and adjusting status, and we have also seen plenty of people being told incorrect information by USCIS over the phone.

If you have the option of doing DCF, that would be great. That is normally a much smoother and faster process than filing through a US service center. I was fortunate enough to be able to do DCF and live in the UK with my husband while everything was being processed.