Tourist Visa now - meanwhile apply for CR-1

[bigtex26 2]

I just married my girlfriend in Mexico on JULY 4TH!! (Did it in 3 days- LUCK. LUCK. LUCK )

Now, my idea was to bring her up here on a CR-1. But I was told that I should just bring her up

on a B-2 Tourist Visa and while she's up here just apply for the CR-1.

Now, this makes sense to me - but I wonder.

1. If she overstays her visit before the CR-1 is approved, will she have to return to Mexico?

2. If she's denied a B-2 Tourist Visa, will this negatively affect her approval for a CR-1?

3. I'm guessing that I have enough proof that I can help sponsor her Tourist Visa application:

I'll be providing her with the following to show during her visa interview:

- Proof of her name on my bank account as Signee

- Workplace payroll receipts to show financial support from spouse (me)

- Receipts of W-4 Tax forms that state I'm "Married"

- Copies of her name added as a life insurance beneficiary

- Our marriage certificate

Will this more or less suffice? Or will they not even look at these documents. She doesn't have

a job in Mexico, or a bank account (only the one here in the U.S.).

Thanks!

Edited July 14, 2011 by bigtex26

[Harpa Timsah 13,258]

It is illegal to use a tourist (non-immigrant) visa to immigrate. File for the CR-1. From what you state, she won't be approved for a tourist visa anyway, as she has no ties to Mexico, and many ties to the US. Good luck.

Here is the guide for a spousal visa (CR-1). http://www.visajourney.com/content/i130guide1

Edited July 14, 2011 by Harpa Timsah

[sarah278 0]

SHe will likely be denied a B-2 as she as no ties to home and she has clear intent to immigrate. An overstay will have negative impacts on your CR1 visa. Just jump in the boat with the rest of us and do the CR1 first the right way. It sucks, but its the right thing to do. She may be able to come visit on a B-2 while the process is going on, some have luck there, but don't let her overstay.

[bigtex26 2]

SHe will likely be denied a B-2 as she as no ties to home and she has clear intent to immigrate. An overstay will have negative impacts on your CR1 visa. Just jump in the boat with the rest of us and do the CR1 first the right way. It sucks, but its the right thing to do. She may be able to come visit on a B-2 while the process is going on, some have luck there, but don't let her overstay.

Yeah, there's really no chance in painting a picture that she wants to return to Mexico.

I thought, well if I'm applying for CR-1 anyways, maybe its worth a shot. 8 months+ is going to be crazy.

Think it would affect the CR-1 application negatively at all?

[sarah278 0]

Join the club. It is a nightmare. But the alternative is worse, a visa overstay or misrepresentation could end your hopes of being together.

[KayDeeCee 4,891]

I just married my girlfriend in Mexico on JULY 4TH!! (Did it in 3 days- LUCK. LUCK. LUCK )

Now, my idea was to bring her up here on a CR-1. But I was told that I should just bring her up

on a B-2 Tourist Visa and while she's up here just apply for the CR-1.

Now, this makes sense to me - but I wonder.

1. If she overstays her visit before the CR-1 is approved, will she have to return to Mexico?

2. If she's denied a B-2 Tourist Visa, will this negatively affect her approval for a CR-1?

3. I'm guessing that I have enough proof that I can help sponsor her Tourist Visa application:

I'll be providing her with the following to show during her visa interview:

- Proof of her name on my bank account as Signee

- Workplace payroll receipts to show financial support from spouse (me)

- Receipts of W-4 Tax forms that state I'm "Married"

- Copies of her name added as a life insurance beneficiary

- Our marriage certificate

Will this more or less suffice? Or will they not even look at these documents. She doesn't have

a job in Mexico, or a bank account (only the one here in the U.S.).

Thanks!

You cannot immigrate with a tourist visa. Why would you want her to lie and misrepresent herself? All the 'proof' you want her to take to a tourist visa interview is evidence for your spousal visa, not a tourist visa. You must show ties to your home country, and be returning after your visit. That is what a tourist visa is all about. A visit. She has no ties to Mexico, so I doubt she would get a tourist visa even if she really was just intending to visit and return.

You knew how the CR-1 worked, and that you would have to wait and be apart while it was being processed. So, file for the spousal visa, and wait for approval. Visit her while waiting.

[bigtex26 2]

Thanks for the all the great replies!

Yeah, this was just intended for her to visit me while we were waiting for her CR-1. But it seems I don't have a case for it.

I want to do this right and legit, without having to backtrack later on. So thanks for the honest replies!

Cheers

[Harsh_77 716]

Unfortunately you guys will have to deal with staying aprat for 8 months. There is no short and sweet recepie, most ppl who have gone thru this process has gone thru that sepration.

Most likely you as a USC will have to visit her while the process is going on, her geting a B1/2 while your cr1 is in process are very slim.

[Eric-Pris 1,602]

She won't be granted a tourist visa, so don't wsate the application fee. Use that money to help pay your ticket to go visit her.

You don't have to be apart duirng the processing of the visa, you just can't be together in the US. Who says you can't spend time together in Mexico. It's not like she lives in Australia. Depensing on where you live in the US, it can be a quick trip.

[bigtex26 2]

She won't be granted a tourist visa, so don't wsate the application fee. Use that money to help pay your ticket to go visit her.

You don't have to be apart duirng the processing of the visa, you just can't be together in the US. Who says you can't spend time together in Mexico. It's not like she lives in Australia. Depensing on where you live in the US, it can be a quick trip.

Yep, thankfully I'm close to the border.

I visit her about once every three months - hello frequent flyer miles!

[maurilius 0]

what happens if my spouse has the b1/b2 visa. . before the cr1. . can she keep visiting as long she does not overstay? ?

[rade2rising 205]

what happens if my spouse has the b1/b2 visa. . before the cr1. . can she keep visiting as long she does not overstay? ?

If she gets it yea she can visit all she wants as long as she gets entry at POE