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Apply from within the U.S.?

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My situation is the following:

I’m a U.S. citizen. I married a Mexican citizen in 2000, and have been living with him in Mexico since then. I have lived in Mexico legally since I also hold the Mexican nationality.

My husband hasn’t been in the U.S. for more than 1 month. He has traveled there as a tourist and for training as part of his job in a transnational company.

I started working as a freelance in 2003, reporting my earnings and taxes in Mexico. I'm now in the process of preparing my Income Tax returns in the U.S. for those three years (2003-2005).

I want to apply for a spousal visa/permanent residency.

I have consulted one lawyer and 2 consultants, but I'm still not sure about my options.

To make things short, what do I do...?

1. Fill the I-130/K3 visa stating that I have lived in Mexico all these years. Would the fact that I have lived in Mexico all these years affect our process? Do I need to have a U.S. address or the Mexican address is enough?

2. Go back to the U.S. with my husband (him with his B1/B2 visa that expires in 2010) and start the application process from there?

This last action was recommended by the last person I consulted. She told me that could speed things up (3 months for an answer) by going back WITH my husband and have him remain in the U.S. throughout the application process (he wouldn’t be able to leave the country during this time); otherwise, we would have to wait at least 1.5 years for an answer.

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Hello !, if i were you i would take the second route you mention going back to USA and fill the papers from there, maybe the time will not be shorter, but more secure in the steps you have to do and without risking so much you get rejected or stop in something, and also wouldnt hire a lawyer it is better to make it by your own...

Anyway be prepared because whichever you decided to do with the proccess ou won be able to scape to be waiting in the long line at Juarez consulate looking for an interview there is a lot of delay on that at least 6 to 9 months...

I wish you the best ! and good luck! :thumbs:




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Entering the US on a B2 visa with intent to immigrate is fraud as this is not the purpose of a visitor visa. If your husband is found to of done this, he will face a ban.


Concurring with the OP as this being the best course of action is in violation of the TOS as it is promoting an illegal act. I for one wouldnt want this persons banning from the US on my conscience because of validating this as the correct way to go.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks



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I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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