K1, K3, CR1 or DCF???

[joheli 0]

Hi Everyone!

Very happy to find VJ today. From reading the guides and the posts you all are a very helpful group!! (I hope this is the right forum to post this in -- apologies if it's the wrong one.)

First, some background info on us: I am a recently divorced US citizen, my GF is a Mexican national, our 9mo daughter has both US & Mexican passports now (which wasn't easy). My GF also has an 18 year old son from her first marriage (she was divorced several years ago and has custody). We are all living in Mexico, but will hopefully move to the U.S. within a year. (I am living in Mexico on a Tourist visa, and travel back & forth to the US for my job (officially working in US, not mexico).) GF's son will hopefully be granted a visa along with his mom, since he's < 21.

We would like to get married ASAP (for various reasons, including being able to put her on my company's health insurance). We don't want to wait until we move to the U.S. next year -- we'd like to do it in 2009.

Here's our dilemma (as we currently understand the process):

If we go the K1 route (fiance visa), we have to go to the US for the wedding, and since she can't travel easily on the K1, we would have to move there at the same time. (Unless her B2 is still usable -- see other question below.) We don't want to do this, because we want to wait till her son finishes school (next May).

If we do the K3 (spouse visa) -- we still have to get married in the U.S. (since we can't legally get married in Mexico until I've been divorced for 1 year). This would mean that she would have to use her B-2 visa to travel to the US, then we get married and come back to Mexico (is this a problem with USCIS??). Then we wait and hope that a K3 is approved, hopefully by May, 2010.

If we try to get her a CR1 -- is this better/cheaper than a K3? Would that be a better/quicker alternative?

We can't do the DCF route since I am not a legal resident of Mexico. (This seems to be a strict requirement.)

Also, what happens to her B2 (Tourist) Visa if she gets a K1 visa (which does not have multiple entry rights) or if she is denied a K1 or K2? Is the B2 visa canceled, or does it continue to be valid? (This is a BIG question for us -- I can't find any information about this on the net.)

Thanks very much for all your suggestions and ideas!

JohEli

P.S. We have an InfoPass appointment next week in the US - and may use it as an opportunity to ask questions or maybe even file an I- form to get things started.

[JimVaPhuong 4,863]

Hi Everyone!

Very happy to find VJ today. From reading the guides and the posts you all are a very helpful group!! (I hope this is the right forum to post this in -- apologies if it's the wrong one.)

First, some background info on us: I am a recently divorced US citizen, my GF is a Mexican national, our 9mo daughter has both US & Mexican passports now (which wasn't easy). My GF also has an 18 year old son from her first marriage (she was divorced several years ago and has custody). We are all living in Mexico, but will hopefully move to the U.S. within a year. (I am living in Mexico on a Tourist visa, and travel back & forth to the US for my job (officially working in US, not mexico).) GF's son will hopefully be granted a visa along with his mom, since he's < 21.

We would like to get married ASAP (for various reasons, including being able to put her on my company's health insurance). We don't want to wait until we move to the U.S. next year -- we'd like to do it in 2009.

Here's our dilemma (as we currently understand the process):

If we go the K1 route (fiance visa), we have to go to the US for the wedding, and since she can't travel easily on the K1, we would have to move there at the same time. (Unless her B2 is still usable -- see other question below.) We don't want to do this, because we want to wait till her son finishes school (next May).

If we do the K3 (spouse visa) -- we still have to get married in the U.S. (since we can't legally get married in Mexico until I've been divorced for 1 year). This would mean that she would have to use her B-2 visa to travel to the US, then we get married and come back to Mexico (is this a problem with USCIS??). Then we wait and hope that a K3 is approved, hopefully by May, 2010.

If we try to get her a CR1 -- is this better/cheaper than a K3? Would that be a better/quicker alternative?

We can't do the DCF route since I am not a legal resident of Mexico. (This seems to be a strict requirement.)

Also, what happens to her B2 (Tourist) Visa if she gets a K1 visa (which does not have multiple entry rights) or if she is denied a K1 or K2? Is the B2 visa canceled, or does it continue to be valid? (This is a BIG question for us -- I can't find any information about this on the net.)

Thanks very much for all your suggestions and ideas!

JohEli

P.S. We have an InfoPass appointment next week in the US - and may use it as an opportunity to ask questions or maybe even file an I- form to get things started.

The 18 year old son is going to be the problem. He doesn't get derivative status with a CR1 visa. You could still file a separate I-130 for him, but only if you married his mother before he was 18, which you obviously didn't do. If you decide to go with the CR1 then his mother will have to file for a Family Second Preference (F2) visa for her son after she becomes an LPR. For Mexico, this is currently taking almost 7 years.

With either of the K visas, the son will get derivative status. He can get a visa as long as you file for his green card before he's 21. If you file for the K1, then the son will get a K2. If you get married and file the K3, then the son will get a K4. These are your only two options if you want the son here at the same time as his mother.

She won't be able to use her visitor's visa once the K visa is in her passport. The K1 is single entry - she won't be able to leave and re-enter until she either gets her green card, or gets Advance Parole (both of which you should apply for after getting married in the US). The K3 is multiple entry - she can come and go for 1 year. She should have her conditional GC by then.

The K1 is the fastest to get. The K3 may be slightly faster to get than a CR1. Of course, you have to marry first for either the K3 or CR1.

This is off the top of my head, so if I've screwed something up then I'm sure someone will be along to correct me.

[Dakine 26]

Your best option is to file I-130s for everyone and do CR-1 and CR-2. K3s have to interview in the country they were married.

[Chica Yeyé 41]

Your best option is to file I-130s for everyone and do CR-1 and CR-2. K3s have to interview in the country they were married.

He cannot get married in Mexico - rules for foreigners marrying there are stringent. Plus, indeed he has to wait for one year after his divorce.

[JimVaPhuong 4,863]

Your best option is to file I-130s for everyone and do CR-1 and CR-2. K3s have to interview in the country they were married.

I don't think he can get a CR-2 for the son. They'd have to have gotten married before the son was 18.

[Dakine 26]

Your best option is to file I-130s for everyone and do CR-1 and CR-2. K3s have to interview in the country they were married.

He cannot get married in Mexico - rules for foreigners marrying there are stringent. Plus, indeed he has to wait for one year after his divorce.

Quote the OP!

"since we can't legally get married in Mexico until I've been divorced for 1 year). This would mean that she would have to use her B-2 visa to travel to the US, then we get married and come back to Mexico"

Edited July 12, 2009 by Haole

[canadian_wife 1,791]

I'd go for either the Cr-1 (filing for both child under 18 and your wife) or file the I-130 for your wife and then the I-129F for a K-3 and K-4.

And I think Jim is right, the 18 year old will be more difficult since the marriage must occur before the 18th birthday.

But no, it does not look like you can DCF.

Good luck.

[joheli 0]

I'd go for either the Cr-1 (filing for both child under 18 and your wife) or file the I-130 for your wife and then the I-129F for a K-3 and K-4.

And I think Jim is right, the 18 year old will be more difficult since the marriage must occur before the 18th birthday.

But no, it does not look like you can DCF.

Good luck.

I don't see why it would be difficult for the 18-year old -- looking at this page:

http://travel.state.gov/visa/immigrants/ty...93.html#qualify

This page states a K-4 applicant is the "unmarried child under 21 years of age of a qualified K-3 visa applicant." He is under 21, and is the child of the Applicant (my wife). I don't see any requirement that says my marriage to the applicant has to occur before the child reaches 18. Am I missing something? Has anyone tried this route and failed?

Thanks,

Joheli