K1 Visa Questions

[NikiJ 0]

My fiance is a Mexican citizen and we are getting ready to file for the K1 visa. We currently live in Mexico and we need to be there for the next few years. We want to have the wedding state-side so my family can be present. However, we are not planning to remain in the states after our wedding.

Is the process for the K1 visa still the same if you're not intending to continue with the immigration process? Also, we would like to find a way for him to visit the states with me after the wedding but we're being told that once we're married, it will actually be MORE difficult for him to get a tourist visa because they'll assume we want to stay.

Isn't there something designed for expats with foreign spouses to visit the states? Or are we out of luck until we start the immigration process and can stay in the states permanently?

Thank you.

[Jesse and Hema 2]

First off, welcome to VisaJourney!! Glad to have you aboard.

The K-1 is not necessary. You can get married on a B-2 as long as you don't intend to immigrate (and stay in the US) on the B-2.

I'm thinking that what you heard about the post-marriage visits to the USA is probably true, but if he already has a tourist visa by then (which he used to come in and marry state-side), and has already visited and returned, I'm guessing he will still be granted access. He'll just need to show intent to return to Mexico. Given that you are married and living in Mexico, he might have a house deed, leases, job info, plenty of evidence there. Making contacts on VJ with other people dealing with Mexico will give you a really good idea of what to expect. This site had really good resources.

You can apply for an IR-1/CR-1 after marriage, or even do DCF to get him a green card (read up on the requirements of those), but I am not sure if he can maintain the green card when residing abroad. Maybe someone else has better insight here...

Best of luck in whatever you do.

[웃 910]

So let me get this straight: You want to marry inside the US but live in Mexico for the next few years? Then maybe once in a while visit to the states? Your best bet is the B2 visa but it is tough to get in certain countries and unfortunately, Mexico is one of them. In regards to the B2 visa, the way it works is that the US consular officer will automatically assume that your intent is to overstay the B2 visa and permanently reside in the United States illegally. It is your job to prove the officer otherwise. You can do this by showing ties to Mexico. The best ties are houses, businesses, employment, cars and any other bills. You can also show that you have a bank account in Mexico as well as family. The better the job the better the chance of getting approved. More or less, the more expensive the house is and the higher the bills are, the better chance of getting approved. My fiancee applied two times last summer and was denied both times. She was working as a waitress and was a student at the time. She showed property in her name but she did not show the value of the property. Although it is tough to get the B2 visa, it is not impossible. I am not sure what the rate of approval is but I think it is around 50% in Mexico. If you have a decent job then I think you will be approved. As far as marrying inside the US on a B2 visa, I am not sure about that. I do not know if you should tell the officer about that or not. It might seem fishy. Try starting a topic that says "Is it okay to marry in the US on a B2 visa" or something similar to that. You should get a few responses fairly quickly. Remember me from Yahoo!!!

Edited March 25, 2008 by thegreatgate

[Jesse and Hema 2]

http://www.americanlaw.com/b-2.html

A B-2 visitor is defined by § 101(a)(15)(B) of the Immigration and Nationality Act ("INA") as follows:

an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States ... temporarily for pleasure.

The term "pleasure" has been defined by the Department of State ("DOS") as "legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature." Participation in conferences with fraternal, social, or service organizations would also be considered a proper B-2 activity. Visitors for pleasure may not engage in employment.

In order to qualify for B-2 status, the following requirements must be satisfied:

1. The alien has a foreign residence that he or she has no intention of abandoning;
2. The alien is entering the United States for a temporary visit;
3. The alien's purpose of the visit is for pleasure; and
4. The alien has sufficient funds to support himself or herself without resorting to unauthorized employment.

And more specifically:

N11.1-1.--Fiance(e) of U.S. Citizen or Permanent Resident Alien. An alien proceeding to the United States to marry a U.S. citizen is classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). [see 22 CFR 41.81.] The prospective spouse of a U.S. citizen or lawful permanent resident may, however, be classified B-2 visitor in cases where the consular officer is satisfied that the fiance(e) intends to return to a residence abroad soon after the marriage.

There's still the risk of the marriage making it sound "fishy," but there's always a risk when a B-2 is involved. I'm just pointing out that the groundwork is there for getting married on a B-2 if not immigrating on the B-2.

[NikiJ 0]

So let me get this straight: You want to marry inside the US but live in Mexico for the next few years? Then maybe once in a while visit to the states? Your best bet is the B2 visa but it is tough to get in certain countries and unfortunately, Mexico is one of them. ...

The best ties are houses, businesses, employment, cars and any other bills. You can also show that you have a bank account in Mexico as well as family. The better the job the better the chance of getting approved. More or less, the more expensive the house is and the higher the bills are, the better chance of getting approved....

Remember me from Yahoo!!!

I had a feeling Mr Yahoo would answer!

Yes- we want to marry in the US and live in Mx for at least a few more years. Here's the thing- we own multiple travel websites, our largest is a Mexico vacation site and requires us to remain in Mexico for the time being. His mother is also ill and has had 2 major surgeries in the past year- we would really like to stay close to help her and especially in the event things turn very bad, he wants to be by her side.

We read about the emergency leave for immigrants- would anyone happen to know how long this allows you to remain abroad?

Also for the B2- Since our business is internet based, we were told by lawyers that this will not show adequate "ties" to Mexico. We own land here but the value is not too high- less than 30k. My fiance also works as a Capitan for a major resort, but the lawyer said this is little more than a waiter in the eyes of the consulate and that even though our income is very good, since the majority of the income is in his name it will do us no good since he cannot be his own sponsor. Basically he said our chances for a tourist visa are nada at this time and that we should wait to apply until we have a better chance OR- opt for the k1 visa and get married in the states.

So, this leads me to a few more questions-

Since our other option would be to remain in the US and go through the immigration process- how long before we can travel out of the states?

Using emergency leave or advanced parole, how long do these permit you to remain abroad?

Thank you so much everyone- I have had better answers here in less than 12 hours than in $2400 of lawyer time!!!!