Visa Laser and Inmigration Options

[franklie 0]

Good day to all,

I was introduced to this forum by a friend who used it to successfully bring his fiancee to the US. He said that there is a lot of good info here. I have spent the last 2 days scouring the forums trying to find a response to my situation and have been unable to anything similar.

I live and work in San Diego, California. My fiancee lives and works in Tijuana, Mexico. The 2 cities are on either side of the US-Mexican border. My bride-to-be has Visa Laser that enables her to cross the border at will.

We wish to marry and make our home in my house here in San Diego (it's a bit safer here than in TJ and I can satisfy my other commitments). She needs to be able to cross the border daily to go to work. She has no wish to get a job in the US at this time.

The questions: Is there a way that she can continue to go to work in TJ if she has a K1 or K3 visa? Will a K1 pr K3 visa supercede her Visa Laser? Is there another option?

I appreciate, antemano, any help given

[payxibka 10,048]

K-1 will be initially problematic, K-3 or IR(CR)-1 most likely will not be

[eric_and_teresa 10]

For what I understand the Visa Laser works as a B1/B2 and the visit should be for tourism or bussiness not to move permanently to the U.S. if she comes to "visit" while the K-1 or K-3 is processing you should be fine, but if she says she is living with her fiance or husband in the U.S. and working in Tijuana there might be some trouble.

The problem wont be going to Tijuana to work, the problem will be entering the U.S. every day if they think she is doing that because she is living in the States.

For how long is her I-94 good everytime she crosses the border?

[franklie 0]

For what I understand the Visa Laser works as a B1/B2 and the visit should be for tourism or bussiness not to move permanently to the U.S. if she comes to "visit" while the K-1 or K-3 is processing you should be fine, but if she says she is living with her fiance or husband in the U.S. and working in Tijuana there might be some trouble.

The problem wont be going to Tijuana to work, the problem will be entering the U.S. every day if they think she is doing that because she is living in the States.

For how long is her I-94 good everytime she crosses the border?

I just spoke with her. The Visa Laser is good for 10 years. In her case it allows her to cross the border with no problem. She can travel in San Diego but she needs to have an I-94 to travel beyond San Diego county. For instance, for her to legally travel to Los Angles, a city roughly 100miles north of San Diego, she needs an I-94 and it is good for 6 months. If she is traveling to Los Angeles, immigration will ask her where she is going, how long she is going and for what she is going when she crosses into the US at the San Ysidro border crossing.

I bolded "the problem" in your response, Eric and Teresa, and that in fact is the problem. Almost every time she enters the US, her Visa Laser is scanned. Upto now there has been no problem, she typically comes to visit me 3-4 times a week.

I am currently avoiding traveling to TJ due to the inability of the police forces to maintain a secure environment there.

[malego77 2]

Good day to all,

I was introduced to this forum by a friend who used it to successfully bring his fiancee to the US. He said that there is a lot of good info here. I have spent the last 2 days scouring the forums trying to find a response to my situation and have been unable to anything similar.

I live and work in San Diego, California. My fiancee lives and works in Tijuana, Mexico. The 2 cities are on either side of the US-Mexican border. My bride-to-be has Visa Laser that enables her to cross the border at will.

We wish to marry and make our home in my house here in San Diego (it's a bit safer here than in TJ and I can satisfy my other commitments).

The questions: Is there a way that she can continue to go to work in TJ if she has a K1 or K3 visa? Will a K1 pr K3 visa supercede her Visa Laser? Is there another option?

I appreciate, antemano, any help given

If you apply for a K1 visa for her, she has to said than she had a visa laser. When she'll go to the K-1 interview they quit her hers visa. So I don't think she would be able to cross the border daily to go to work more. Because the K1 visa is for one entry and she won't get out USA until she will have her Greed Card (6-18 months). So, in my opinion is better if you get married and apply for her residence directly.

[eric_and_teresa 10]

I just spoke with her. The Visa Laser is good for 10 years. In her case it allows her to cross the border with no problem. She can travel in San Diego but she needs to have an I-94 to travel beyond San Diego county. For instance, for her to legally travel to Los Angles, a city roughly 100miles north of San Diego, she needs an I-94 and it is good for 6 months. If she is traveling to Los Angeles, immigration will ask her where she is going, how long she is going and for what she is going when she crosses into the US at the San Ysidro border crossing.

I bolded "the problem" in your response, Eric and Teresa, and that in fact is the problem. Almost every time she enters the US, her Visa Laser is scanned. Upto now there has been no problem, she typically comes to visit me 3-4 times a week.

I am currently avoiding traveling to TJ due to the inability of the police forces to maintain a secure environment there.

Just to clarify, I'm referring to what will happen if she travels back and forth while she her visa is processing, but once the Visa is issued in the case of K-1 she wont be able to go back to Mexico, as Malego said.

Once the K-1 is in her passport next time she enters the U.S. she will be using the K-1 and wont be able to go back to Mexico until her green card is granted. She could apply for advance parole, but I'm not sure if they would grant advance parole for this reason especifically.

Maybe you'd be better applying for K-3 because it allows multiple entries for 2 years.

But while processing ANY visa, her traveling everyday could be an issue IMO.