K1 Visa - Fiance Return

[Paul_A 0]

I think I'm in a bind and need guidance

I received approval for the K1 Visa and we're in the process of getting all the paperwork ready for the US Consulate interview in Juarez Mexico.

Let me give you background on my situation:

- I have been with my fiance for 6 years and we have 2 children

- I live in San Diego California and they live in Tijuana Mexico

- I travel regularly to Tijuana to be with her and the children and we have maintained this relationship well (1 hour drive from my condo to Tijuana location).

Here is the issue:

- Her mother lives with her in Tijuana and my fiance doesn't want to leave her for an extended period of time

- I did not realize (until right now) that my fiance is not allowed to return to Mexico until the AOS (Adustment of Status is submitted and also would require an advance parole)

I don't want to abandon the K1 Visa process but it appears that I initiated an incorrect process and potentially should have married in Mexico and followed another visa route.

Can someone help me understand my options?

Edited June 22, 2012 by Paul_A

[didopage 337]

Can her mother come to visit her instead, during a few months? You can get civilly married as soon as she arrives with her K-1 visa, so then you file for AOS and AP (advance parole) as soon as possible. The AP should be approved and received in 2-3 months..

[Paul_A 0]

Can her mother come to visit her instead, during a few months? You can get civilly married as soon as she arrives with her K-1 visa, so then you file for AOS and AP (advance parole) as soon as possible. The AP should be approved and received in 2-3 months..

That is an excellent suggestion. What type of visa would be required so I can look into it for her mother?

[KayDeeCee 4,893]

That is an excellent suggestion. What type of visa would be required so I can look into it for her mother?

She can try and get a B-2 tourist visa. She will need to show strong ties to Mexico in order to prove she will not be trying to immigrate. http://travel.state.gov/visa/temp/types/types_1262.html#3

Once your future wife is eligible(after she has been a permanent resident for 3 years and has remained married to and living with you in the US), she can apply for naturalization and after she becomes a USC, she can petition for her mother with an I-130. http://www.visajourney.com/content/immigration-parents