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Married to US Citizen, need TOURIST visa

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Hello All,

First of all, congratulations for this great forum, I had read a lot of topics and this forums are a real help to everybody. My case is the following:

My wife and my newborn baby are both American citizens, but we live here in Mexico and we are happy to be here. My baby was borned last december, I tried to get a B1/B2 visa in order to travel to US and be with my wife at the time the baby was borned, in that time we were not married and my Visa request was denied 2 times. I will like to get a Visa as we both have family in the US and I think its a good thing to have. We are not planning to move there, thats why I dont consider the K1/k3 options, I just want a visa to go as a tourist.

Is there any simple way to get a tourist visa being married to her. The second time my visa was refused, they said I was not elegible to travel to US as I have family there and they assumed I was planning to STAY there, wich I am not. Now I wonder if I can even think into try again for a visa or they will now say that I married her in order to get a green card or something (wish is not true, we have been together for more than 5 years now and we have a precious baby).

Any advice is greatly welcome,

Carlos Diaz

Edited by ocon

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Hello All,

First of all, congratulations for this great forum, I had read a lot of topics and this forums are a real help to everybody. My case is the following:

My wife and my newborn baby are both American citizens, but we live here in Mexico and we are happy to be here. My baby was borned last december, I tried to get a B1/B2 visa in order to travel to US and be with my wife at the time the baby was borned, in that time we were not married and my Visa request was denied 2 times. I will like to get a Visa as we both have family in the US and I think its a good thing to have. We are not planning to move there, thats why I dont consider the K1/k3 options, I just want a visa to go as a tourist.

Is there any simple way to get a tourist visa being married to her. The second time my visa was refused, they said I was not elegible to travel to US as I have family there and they assumed I was planning to STAY there, wich I am not. Now I wonder if I can even think into try again for a visa or they will now say that I married her in order to get a green card or something (wish is not true, we have been together for more than 5 years now and we have a precious baby).

Any advice is greatly welcome,

Carlos Diaz

In order to be successful in securing any tourist visa, the tourist must demonstrate significant ties to his or her homeland. Do you own property in Mexico? Show a lease that is current, employment that is secure, mexican banking ties etc.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Hi,

Thank you for your prompt response. The first time I went to the interview, I went laking of most documents and evidence, but for the second time I did show ALL the documentation requested, I work at Hewlett-Packard and I also show them a letter form HP HR, and they said that I was not elegible as I have family there, but I gave them a job letter, Bank statements, University diploma, EVERYTHING they asked for, there was no single document I didnt had. Of course everything legimate, I didnt made anything up, and still refused :(.

If I go for the Kx visa, can I use it to go in and out, or is it only for migrants only?

regards,

Carlos

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Hi,

Thank you for your prompt response. The first time I went to the interview, I went laking of most documents and evidence, but for the second time I did show ALL the documentation requested, I work at Hewlett-Packard and I also show them a letter form HP HR, and they said that I was not elegible as I have family there, but I gave them a job letter, Bank statements, University diploma, EVERYTHING they asked for, there was no single document I didnt had. Of course everything legimate, I didnt made anything up, and still refused :(.

If I go for the Kx visa, can I use it to go in and out, or is it only for migrants only?

regards,

Carlos

Well, although it was unfortunate, the last time you applied, if I am reading your information correctly, the greatest "tie" you have was your wife, who was giving birth in the USA! That changes things dramatically in the eyes of the CBP, I would imagine, as they would have no way of knowing that her time in the USA was temporary. Now that your wife and child are settled in Mexico, surely you can demonstrate that you have chosen Mexico to be your home and that your interest in the USA is only for tourist purposes.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Hi,

Thank you for your prompt response. The first time I went to the interview, I went laking of most documents and evidence, but for the second time I did show ALL the documentation requested, I work at Hewlett-Packard and I also show them a letter form HP HR, and they said that I was not elegible as I have family there, but I gave them a job letter, Bank statements, University diploma, EVERYTHING they asked for, there was no single document I didnt had. Of course everything legimate, I didnt made anything up, and still refused :(.

If I go for the Kx visa, can I use it to go in and out, or is it only for migrants only?

regards,

Carlos

If you plan to reside in Mexico with your wife for a while I would consider Direct Consular Filing. This will result in a green card. If you already live there, just try this option.

The K-3 visa is a visa to reunite family, I don't believe you qualify for this unles your wife was residing in the US and petitioning for you in Mexico. This K3 visa is valid for 2 years after it's issued, but once you enter the US you must file adjustment of status in order to get your residency card (green card).


4.28.07 - Married in Jalisco Mexico - Cozumel Honeymoon for 2 weeks

***I-130***

5.24.07 - I-130 Received in CSC

7.14.07 - Received NOA1 (WOW after 6 weeks, I was worried...called INS and told me CSC had a computer "glitch" causing delays on printing Receipt notices and approvals)

10.30.07 - APPROVED No email, the NOA2 came in the mail...hard copy.

***1-129F***

7.23.07 - I-129F received in Chicago

7.30.07 - Received NOA1

11.21.07 - APPROVED!!!! APPROVED. GOT AN E-MAIL ON THANKSGIVING!

03.03.08- INTERVIEW IN CIUDAD JUAREZ. VISA GRANTED ON 03.03.2008

***AOS & EAD***

3.10.08 - Case Received at Chicago Lockbox, check cashed 3.14.08

3.17.08 - Received both NOA's in the mail

3.21.08 - Received Biometrics appointment letter in the mail, biometrics Appt. 4.02.08

5.05.08 - EAD Card Production ordered GOT EMAIL (we received the same email on 5.09.08)

5.13.08 - Approval Email for EAD (so the card was ordered first, and then we were approved...hum)

5.15.08 - EAD Card Received in mail.

8.08.08 - WE GOT OUR INTERVIEW APPOINTMENT YAY...9/12/08 - INTERVIEW APPROVED

9.24.08 - Received Green Card in the mail YEAH!

***I-751***

6.15.10 - Mailed I-751 Docs to CSC, check cashed 6.24.10

6.26.10 - Received NOA in mail dated 6.21.10

6.29.10 - Received Biometrics appointment for 7.15.10

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Hi,

Thank you for your prompt response. The first time I went to the interview, I went laking of most documents and evidence, but for the second time I did show ALL the documentation requested, I work at Hewlett-Packard and I also show them a letter form HP HR, and they said that I was not elegible as I have family there, but I gave them a job letter, Bank statements, University diploma, EVERYTHING they asked for, there was no single document I didnt had. Of course everything legimate, I didnt made anything up, and still refused :(.

If I go for the Kx visa, can I use it to go in and out, or is it only for migrants only?

regards,

Carlos

If you plan to reside in Mexico with your wife for a while I would consider Direct Consular Filing. This will result in a green card. If you already live there, just try this option.

The K-3 visa is a visa to reunite family, I don't believe you qualify for this unles your wife was residing in the US and petitioning for you in Mexico. This K3 visa is valid for 2 years after it's issued, but once you enter the US you must file adjustment of status in order to get your residency card (green card).

He is not looking for residency. He has extended family in the USA and wishes only to visit.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Hi,

Thank you for your prompt response. The first time I went to the interview, I went laking of most documents and evidence, but for the second time I did show ALL the documentation requested, I work at Hewlett-Packard and I also show them a letter form HP HR, and they said that I was not elegible as I have family there, but I gave them a job letter, Bank statements, University diploma, EVERYTHING they asked for, there was no single document I didnt had. Of course everything legimate, I didnt made anything up, and still refused :(.

If I go for the Kx visa, can I use it to go in and out, or is it only for migrants only?

regards,

Carlos

If you plan to reside in Mexico with your wife for a while I would consider Direct Consular Filing. This will result in a green card. If you already live there, just try this option.

The K-3 visa is a visa to reunite family, I don't believe you qualify for this unles your wife was residing in the US and petitioning for you in Mexico. This K3 visa is valid for 2 years after it's issued, but once you enter the US you must file adjustment of status in order to get your residency card (green card).

He is not looking for residency. He has extended family in the USA and wishes only to visit.

Yes, I understand that, but by the way his case looks it will be impossible for him to obtain a tourist visa. He has been rejected twice, and if he goes again, he will probably be denied again. Direct Consular Filing, (residency) seems to be the way to go for him and it might be the only way he can travel to the US. What else do you suggest??


4.28.07 - Married in Jalisco Mexico - Cozumel Honeymoon for 2 weeks

***I-130***

5.24.07 - I-130 Received in CSC

7.14.07 - Received NOA1 (WOW after 6 weeks, I was worried...called INS and told me CSC had a computer "glitch" causing delays on printing Receipt notices and approvals)

10.30.07 - APPROVED No email, the NOA2 came in the mail...hard copy.

***1-129F***

7.23.07 - I-129F received in Chicago

7.30.07 - Received NOA1

11.21.07 - APPROVED!!!! APPROVED. GOT AN E-MAIL ON THANKSGIVING!

03.03.08- INTERVIEW IN CIUDAD JUAREZ. VISA GRANTED ON 03.03.2008

***AOS & EAD***

3.10.08 - Case Received at Chicago Lockbox, check cashed 3.14.08

3.17.08 - Received both NOA's in the mail

3.21.08 - Received Biometrics appointment letter in the mail, biometrics Appt. 4.02.08

5.05.08 - EAD Card Production ordered GOT EMAIL (we received the same email on 5.09.08)

5.13.08 - Approval Email for EAD (so the card was ordered first, and then we were approved...hum)

5.15.08 - EAD Card Received in mail.

8.08.08 - WE GOT OUR INTERVIEW APPOINTMENT YAY...9/12/08 - INTERVIEW APPROVED

9.24.08 - Received Green Card in the mail YEAH!

***I-751***

6.15.10 - Mailed I-751 Docs to CSC, check cashed 6.24.10

6.26.10 - Received NOA in mail dated 6.21.10

6.29.10 - Received Biometrics appointment for 7.15.10

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Thank you all for your suggestions, I was going to sent an email to the consulate explaining my situation, but I rather ask here on the forum. I do believe that if I apply again, I will be rejected again. I also believe that diadromous mermaid has a point about my wife and baby being in USA.

I think that my wife and I will go directly to the consulate and request for advice, if the DCF is the way to go, perhaps I will take it, but I dont know how useful that will be, as I wont really be a US resident.

Again, thank you for your time!

Carlos

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Thank you all for your suggestions, I was going to sent an email to the consulate explaining my situation, but I rather ask here on the forum. I do believe that if I apply again, I will be rejected again. I also believe that diadromous mermaid has a point about my wife and baby being in USA.

I think that my wife and I will go directly to the consulate and request for advice, if the DCF is the way to go, perhaps I will take it, but I dont know how useful that will be, as I wont really be a US resident.

Again, thank you for your time!

Carlos

Hi there,

There are a lot of Permanent Residents living in Mexico...(maybe I shouldn't have said this) but you probably already know this. They live in Mexico and they come to the US just to visit, it may not be right, but they do it. I know a lot of people like this, and live like this. Legally it might not be correct, but what they don't know, can't hurt you.


4.28.07 - Married in Jalisco Mexico - Cozumel Honeymoon for 2 weeks

***I-130***

5.24.07 - I-130 Received in CSC

7.14.07 - Received NOA1 (WOW after 6 weeks, I was worried...called INS and told me CSC had a computer "glitch" causing delays on printing Receipt notices and approvals)

10.30.07 - APPROVED No email, the NOA2 came in the mail...hard copy.

***1-129F***

7.23.07 - I-129F received in Chicago

7.30.07 - Received NOA1

11.21.07 - APPROVED!!!! APPROVED. GOT AN E-MAIL ON THANKSGIVING!

03.03.08- INTERVIEW IN CIUDAD JUAREZ. VISA GRANTED ON 03.03.2008

***AOS & EAD***

3.10.08 - Case Received at Chicago Lockbox, check cashed 3.14.08

3.17.08 - Received both NOA's in the mail

3.21.08 - Received Biometrics appointment letter in the mail, biometrics Appt. 4.02.08

5.05.08 - EAD Card Production ordered GOT EMAIL (we received the same email on 5.09.08)

5.13.08 - Approval Email for EAD (so the card was ordered first, and then we were approved...hum)

5.15.08 - EAD Card Received in mail.

8.08.08 - WE GOT OUR INTERVIEW APPOINTMENT YAY...9/12/08 - INTERVIEW APPROVED

9.24.08 - Received Green Card in the mail YEAH!

***I-751***

6.15.10 - Mailed I-751 Docs to CSC, check cashed 6.24.10

6.26.10 - Received NOA in mail dated 6.21.10

6.29.10 - Received Biometrics appointment for 7.15.10

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