My novio and I are trying to decide which type of visa would be the quickest and easiest. We could wait till he goes home for visit and file K-1, or we might be okay to marry here (currently has no visa), even though we're not supposed to and file for K-3 or CR-1, or what about the IR-1 visa? Or what about marrying in Mexico (on a vacation) and file DCF IF they don't require residency? I know once he goes back, and we file, he will have to stay till the V is approved. I will have to remain in the states, as I'm active military. This is very difficult to be separated so long. What's our best bet? Any suggestions? I don't want to risk court martial, either, although I'm sure there are others in my shoes and not sure what stance the military would take. I hope to hear from someone in a similar situation.

It is my understanding that the CR-1 ans the IR-1 are the same thing...except...the CR-1 is for a spouse who has been married to a US Citizen for less then 2 years.

Joel

Also...

Do you need a vaction visa as a US Citizen to visit Mexico? I live in Phoenix and we go all of the time as the boarder is only a little ways (couple hours) south of my house.

As for timeline for each of these...they are comparable to each other. I have heard that the order of speed is K-1, K-3, then CR-1...however, that is only rumor on my part.

I do have some advice. Relax. A court martial does neithor of you any good. If this is the person for you then it is forever...this wait is for only a short period of time. It is easy for me ot say that as I am almost done with my 'time away' from my sweetheart. Here are some things you should think about as you research what you wish to do. Where are you in the US and where is she in Mexico? Is it easy to fly in and out for week/weekend trips? I dated a girl in Mexico for some time and this is how I did it. I flew from Phoenix to Montery at least once a month. Sometimes more. Since you are in the military how realistic is it that you will be deployed out of the USA anytime soon? What are the realities of your job in reguards to marriage? i.e. do you live on base, what are military rules for spouses vs fiance, etc. What kind of wedding do you guys want? What does she think about marriage and getting married (ie what is her ideal for timing of a marriage)?

Joel

Sorry...I did a big no-no on the gender bit. It is the biggest cultural issue my wife and I have. She comes from a country where gender roles are VERY strong and she struggles with the US and its rather lacking idea of gender roles (relative to her country). And she HATES the idea a women would WANT to join the military.

Anyways...Personally I am a big fan of CR-1 and DCF. DCF can be VERY quick if the embassy you are working with allows it from a US Citizen who is not a Mexico resident. I did it int he Ukraine and have loved it. I have been in control of the whole process for the most part. And, this is bad to say, since he is male it will be even easier as he (probably) will not have to deal with all of the name change paperwork. PM me if you are interested and I will tell you more about my experiance so far.

Joel

hola Cheryl,

Joel gave you some great info--I have a bit more that might help.

First, to file DCF in Mexico, the USC must have a Mexico FM-2 or FM-3 visa. Since you don't, may as well let that one go.
The other reason to let go of that, and any other IV/Immigrant Visa (CR/IR) option is timing. The wait for one of these interviews, in Mexico (DCF or no) is nearly one year. That does not include the peition time in the US, or the visa preprocessing at the NVC.

For Mexico, a K-1 is always going to be "fastest". Fastest isn't always bestest, but I'll bet in this case it will be.

The biggest red flag in your post (besides the court martial you mention---would appreciate you expanding on that later) is where you say he 'currently has no visa'. If your fiance is in the US right now, how did he enter? The answer will dictate what is available to you, options-wise. My main caution to you at this moment wouild be to NOT let him leave the US until you two know more and have a plan. If he entered without inspection (snuck in) you have a bigger fish to fry first.

Post back with some more information on his current status in the US and how he got here.

Very good information by both posters.

Good luck,

Peter Miami

He came to the U.S. "uninspected" (that term kills me, haha). There is no status, so, yes, there's our dilemna. I called an Immigration attorney in my state today, he was kind enough to talk to me over the phone for no charge, but basically, he says he thinks the K-3 is probably the best route considering the circimstances, whereas normally, a K-1 might be. He says the wait times right now are about the same either way. First, though, I need to check with JAG to see if there are any reasons I could be held accountable for having married, or even dated someone here illegally. I'm just not too sure at this point, anything can probably be argued as "unbecoming", and I really don't think anyone in my chain of command would care, but you always have to consider the worst case scenario. If for some reason I were deployed to the border under this new program for securing it, how would that affect my position or my authority? Good questions that cannot be known until it actually happens, I guess. Or another one, how would affect a secret clearance, or a Top Secret? Just other things to consider. I don't even really want to go to the JAG here, because I don't want to draw attention to myself, and everyone knows everyone. Not to mention, we're here in the South, so there aren't many people who are "middle of the road" on the immigration issue. It's like being Democrat or Republican, you either believe here that something positive needs to be done to help those already here without encouraging others to cross, or you think we should round them all up and send them back where they come from and set up booby traps across the border. That's the mindset, it seems, anyway. So, next call is to a JAG attorney. But any advice or shared experiences, other things to think about, or just plain encouragement are more than welcome. Sorry to "think aloud", this post is more rambling of thoughts than anything else. Take care.

Well, an uninspected entry (EWI) means that you will not be reading info here that really applies to your situation. There is an excellent forum specifically for cases like yours (with a lawyer's help) here: http://www.immigrate2us.net/forum/viewforum.php?f=26

As for as what to tell JAG, or not exposing yourself, I can understand your concerns. You know more about all that than I, so use your common sense (don't ask, don't tell).

I'm not sure the lawyer you spoke with gave you an accurate answer. You should plan on doing A LOT of research on your own, and be prepared to speak with several lawyers. You need someone like Laurel Scott (at the group above & also her own site w/a free chat on Wednesdays) who specializes in these situations. It is possible to do on a K-1 fiance visa.
(basically what happns is that you petition as usual, he applies for a visa as normal and is denied. You then immediately file a waiver to overcome his inadmissibility and wait for that to be approved. When it is, THEN a visa can be issued. He will have to leave the US for this, but not immediately, and not without a lawyer's supervision. A wrong step can keep Javier out of the US for good)

As for your clearances, now or in the future, J and his history will come up. I don't know how it might affect you, but I know others here have had TS clearance and kept it, even after marrying foreign nationals from much less 'friendly' nations. Their processes took longer, but you don't already have TS, so cross that bridge when you get to it. Once the waiver process is over, he is "re born" anyway and past behavior cleared. About the conduct unbecomming, maybe sniff around online for other military who've faced the same issue and keep it on the downlow for a bit. I can guarantee you're not the first--others will share their experiences.

You don't *have* to go to JAG just yet. From what I've read here, they're often barely willing to help with regular immigration cases. Again, you need specialized help. The I2US board is a great collection of folks who have been down exactly your road and they can point you to the resources you need. The good news is that Mexico has a high rate of approvals for this type of waiver.
Good luck; I'hope you'll document the answers to some of your unique questions to help others in the future. We'll be eager to hear of your success.

This has been the most in depth response I've had yet, and I can't tell you enough how much I appreciate it. It will take me a few days to get into the research as I'm swamped with work and school. I'll document everything! I hope it is as helpful to someone else! This is very encouraging.

Ugh...Yes. You are in a complex situation. A lawyer(s) is a MUST in your case. And your JAG SHOULD still hold all of your information and conversations confidential and SHOULD have your best interest at heart reguardless of political views. Good luck. I am sending you good thoughts and good vibes.

Joel

It is a lot to chew on.
I suggest you go to that forum and just read the sticky notes at the top of the page. You can do that on a lunch and it will give you even more hope, as well as some context.

Don't worry about understanding every last thing before you get started. Time is not going to improve the situation. If his English is decent, get him reading too, if only for the moral support.

Meauxna's comment on your lawyer is right on. He did not give you very accurate information and it seems he left out some very important details. Right now in Ciudad Juarez (the only location in Mexico that processes spousal or fiance visas) wait time is more than one year for a spousal visa interview - CR1. While K1s have been delayed in terms of the processing time due to the IMBRA fiasco, a K1 visa does not require an interview appointment in Ciudad Juarez which means as soon as processing is finished here, he can go for an interview. It usually takes about 6 months from initial I129F petition submission until the interview.

The bigger issue is the fact that he entered without inspection. If he has been in the US for more than 6 months, he will be facing a 3 year ban. If he has been in the US for more than 18 months, he will be facing a 10 year ban. But since he cannot adjust his status in the US because he entered illegally, he will be required to leave to attend the interview in CDJ and the very act of leaving the country is what triggers the ban (very backwards law in my opinion). His illegal presence in the US means any type of visa will be denied and he will be required to file a 601 waiver and you, as his fiance or wife and the USC, will need to write a letter detailing the extreme hardship you would face if his visa is ultimately denied and you, as a result, are forced to live permanently in Mexico in order to be with him. The good news it that waiver approval rates in CDJ are extremely high. The bad news is that is takes 6-8 months after the visa denial for waivers to be approved and then another 7-8 weeks for a visa pick up date. During the time, from the intial denial at interview until the visa pick up date, he needs to stay in Mexico - if he re-enters the US by EWI, he will face a lifetime ban.

I would also strongly recommend checking out I2US as well as scheduling a phone consultation with Laurel Scott. At $75 for a half hour, it's money well spent to get a really good understanding of your situation and options and make a well-educated decision.

Good luck!

Thanks. I guess I do have a lot more work to do, huh? I think I'm going to have plenty of time to research this well. One question, though... if we were married and did go for the K-3, would he need to leave immediately? or could he wait for the interview notice? Or if we went ahead and filed for the K-1, could he stay here until the interview notice?

[quote name='CherylandJavier' date='Jul 19 2006, 01:59 PM' post='319446']
Thanks. I guess I do have a lot more work to do, huh? I think I'm going to have plenty of time to research this well. One question, though... if we were married and did go for the K-3, would he need to leave immediately? or could he wait for the interview notice? Or if we went ahead and filed for the K-1, could he stay here until the interview notice?
[quote]

In either situation he can stay in the US until the interview date, but he should be careful to stay out of trouble of course!

Well, looks like we'll be going for either the K-3 or the CR-1. However, everything I've read says that he "may be" subject to a 10 year ban without rights to file a waiver. What does that mean? Will the immigration officer decide whether or not to enforce a ban? Or is it an automatic, no if ands or buts, no Waiver?