Tourist visa or IR-1?

[mejms 0]

I'm an American citizen who has been living in Mexico for 6 years. My Mexican wife and I have been married for 3 years. We have a 1 year old daughter together and my wife has a 6 six year old son, who I'm in the final stages of adopting (about two more months to wrap up).

We haven't visited the US yet because we only wanted to go once I had full custody over my son. Originally, we only considered visiting the US and so I was only going to file for a tourist visa for my wife, but I have heard several stories of American citizen's spouses being denied visas. My wife doesn't work, has no property, and in fact no bank account, all of which I have heard are factors in approving someone for a tourist visa.

Recently we decided that we want to live in the US. I've read that the IR-1 visa takes about a year to process. My question: What would be the most efficient way to get us all to the US soon? My mom really wants to see her grandkids as soon as possible, and travelling to Mexico is hard for her at her age. I imagine that a tourist visa is easier and faster than an IR-1 (I've checked with various sources, including the government website that it takes 1 month), but the above factors concern me that my wife's application for a tourist visa would be rejected.

Ultimately, we want to be in the US as soon as possible to be with family and then handle paperwork for my wife there. So does the application for a tourist visa make sense or should I begin with an IR-1?

FYI: My adopted son's paperwork is another matter, but I'll take that up in another forum. Thanks.

[Darnell 8,478]

for 'soonist' I recommend you look at filing the I-130 to CDJ , if they still accept them. (that'll be 2 , one for yer wife, one for the 6 year old)

also known as 'Direct Consular Filing' of an immigrant petition.

Good Luck !

[Deputy Purple 1,294]

Using a Tourist Visa to immigrate her to the US would be Visa fraud.

[Penguin_ie 5,986]

She will need the IR-1 to immigrate. If you want to visit for vacation or to look for homes to buy etc, then a tourist visa would be appropriate, but she cannot use the tourist visa to move to the USA/ live there, only to visit. It will be difficult for her to get a tourist visa given she is married to a US citizen, but not impossible. If you have the money, I'd apply for one- even if denied, it won;t affect the IR-1.

[jojolicious 38]

The IR-1 would be best. Check out the guides and submit the petitions as soon as you can. All the best!

[mejms 0]

Thanks to everyone for your prompt responses.

Just to be clear, I'm looking for best and easiest way to get my family for the states either for a visit or to live. At some point we would like to live there, but considering that the IR-1 is a year-long process, we'd settle for a trip to see my family in the meantime.

Penguin mentioned 2 things: 1) that my wife would likely be turned down for a tourist visa, as she's the wife of an American citizen and, I take it, more likely to stay in the US past her tourist visa; 2) that being rejected for a tourist visa has no effect whatsoever on your application for an IR-1. Can someone else respond to those two points?

And do you think that an immigration lawyer would be a big advantage?

[pushbrk 12,136]

Thanks to everyone for your prompt responses.

Just to be clear, I'm looking for best and easiest way to get my family for the states either for a visit or to live. At some point we would like to live there, but considering that the IR-1 is a year-long process, we'd settle for a trip to see my family in the meantime.

Penguin mentioned 2 things: 1) that my wife would likely be turned down for a tourist visa, as she's the wife of an American citizen and, I take it, more likely to stay in the US past her tourist visa; 2) that being rejected for a tourist visa has no effect whatsoever on your application for an IR-1. Can someone else respond to those two points?

And do you think that an immigration lawyer would be a big advantage?

That's right. You only risk the fee and paperwork to try for tourist visas but they are unlikely. I would go with the IR1 and if it's only "difficult" for Grandma to travel, maybe go get her and make it as easy as possible.

[TimeTravel 78]

Go with IR-1 process. It may take around a year, but it could be faster also. I have seen the people on VJ who got their immigration visa within 7 months.

[Darnell 8,478]

no exploration of a DCF'd I-130?

OK !

[ndu26 114]

Thanks to everyone for your prompt responses.

Just to be clear, I'm looking for best and easiest way to get my family for the states either for a visit or to live. At some point we would like to live there, but considering that the IR-1 is a year-long process, we'd settle for a trip to see my family in the meantime.

Penguin mentioned 2 things: 1) that my wife would likely be turned down for a tourist visa, as she's the wife of an American citizen and, I take it, more likely to stay in the US past her tourist visa; 2) that being rejected for a tourist visa has no effect whatsoever on your application for an IR-1. Can someone else respond to those two points?

And do you think that an immigration lawyer would be a big advantage?

Penguin is right on point.

There is NO advantage to be gained with a lawyer on this one unless there are other facts we have not been told and/or you have money you want to handout to someone for doing something you could have done yourself.

2. The fact that you are a UCS and have not been in the country for sevral years and now about to come sends a red flag that you guys are about to resettle here so chances are the toursit visa will be denied. Like everything in life , it does not hurt to try , it will cost you just money. the paperwork is not that bad but chances are slim.

Yo best bet is to file for her...you may be lucky to be among those you get done under few months (if u get your papaerwork ready to go at every stage and the service center does notnot get backlogged or something)

[mejms 0]

iwaiting, what's VJ?

Now for the IR-1 visa, considering that I live and work in Mexico and have done so for the past 6 years, I have no employment in the US in order to sponsor my wife, right? From what I understand so far, you need to prove a stable income from the US. I only have my job in Mexico.

So would a family member of mine, for instance my mother, act as the sponsor?

[Ryan H 3,791]

iwaiting, what's VJ?

Visa Journey abbreviated

Now for the IR-1 visa, considering that I live and work in Mexico and have done so for the past 6 years, I have no employment in the US in order to sponsor my wife, right? From what I understand so far, you need to prove a stable income from the US. I only have my job in Mexico.

So would a family member of mine, for instance my mother, act as the sponsor?

You are still considered the primary sponsor and would be required to complete an I-864. As you indicate, if you cannot meet the requirements for sponsorship, then you will require a joint sponsor. If your mother is willing, she would be the joint sponsor.

[dan_ling 6]

As Darnell said DCF would be your quickest route to live in the US. Start studying this http://www.visajourney.com/content/dcf .

[MalaysianGirl 26]

OP, you sound VERY familiar...

[pushbrk 12,136]

As Darnell said DCF would be your quickest route to live in the US. Start studying this http://www.visajourney.com/content/dcf .

If possible, yes, but DCF is a filing method, not a visa. It would still be an IR1 visa.