Fiance Visa or Spousal Visa?

[cabovisa1 0]

Hello,

I am new to this forum, I was recently directed here by a friend. I am a U.S. citizen who moved to Cabo San Lucas, Mexico, almost a year ago. My fiance lives here and is a Mexican citizen. We are both living and working here. We plan to wed in April 2013, and we have plans to move back to Chicago after that time. I have a few questions about which type of visa we should be applying for. My fiance filed for his tourist visa in April of 2010 and was denied. He was hoping to come to my home to meet my family and friends. We have been dating since May of 2007, since that time, I have been visiting Cabo, we have been talking via Skype/Messanger, talking on the telephone, etc. I have saved all of my plane tickets, pictures, phone bills, etc. I feel we have ample amount of proof that we have been in a relationship and that it is valid. My question is, can I file for a fiance visa now from Mexico, so that my fiance can come to the U.S. to visit before our wedding here in Mexico? And would that help our case? Or would it be better to file for a spousal visa after we get married in April? I guess we fear having to wait for such a long time, and we may have to wait here, when we want to return to the U.S. Also, is it necessary to hire a lawyer, or is it possible/successful to file for the visa on your own? I'm not sure if I can file for the visa being outside of the U.S. Feedback would be very much appreciated

[Henry&Rebecca 39]

Hello,

I am new to this forum, I was recently directed here by a friend. I am a U.S. citizen who moved to Cabo San Lucas, Mexico, almost a year ago. My fiance lives here and is a Mexican citizen. We are both living and working here. We plan to wed in April 2013, and we have plans to move back to Chicago after that time. I have a few questions about which type of visa we should be applying for. My fiance filed for his tourist visa in April of 2010 and was denied. He was hoping to come to my home to meet my family and friends. We have been dating since May of 2007, since that time, I have been visiting Cabo, we have been talking via Skype/Messanger, talking on the telephone, etc. I have saved all of my plane tickets, pictures, phone bills, etc. I feel we have ample amount of proof that we have been in a relationship and that it is valid. My question is, can I file for a fiance visa now from Mexico, so that my fiance can come to the U.S. to visit before our wedding here in Mexico? And would that help our case? Or would it be better to file for a spousal visa after we get married in April? I guess we fear having to wait for such a long time, and we may have to wait here, when we want to return to the U.S. Also, is it necessary to hire a lawyer, or is it possible/successful to file for the visa on your own? I'm not sure if I can file for the visa being outside of the U.S. Feedback would be very much appreciated

First things first, lawyers are unnecessary as everything can be done by yourselves, but some people like it if they don't have to do anything themselves and everything is being taken care of by a (supposed) professional.

On to your situation, some answers for you: First thing to note is that a fiancee visa is a one time entry only visa. It is meant to be for people who wish to enter ONCE to the US, get married within 90 days, and then stay. You can't get a fiance visa, enter, meet the family, leave for wedding in mexico and then come back, because he will be denied entry when he comes back.

SO! Your very very first decision to make at this time is whether you'd like to have the wedding in Mexico or in the USA. The pros and cons of each are many. The major pro for the fiancee visa is that you guys can apply for it right now and probably have it in hand by the time April 2013 rolls around and be able to move to the USA then and get married and stay. A spousal visa on the other hand can only be applied for AFTER the wedding has taken place.

Other than that, there are still great many pros and cons of each visa, and I believe there's a lot of information out there as to what those are. I won't be going into it myself because I don't know them all, but if somebody else can point them out that would be great (I think there's even a comparison guide on this website. Just dunno where it is).

As far as where to file the application, yes both of them you will have to file from the US, (and again fiancee visa you can file whenever you wish while spousal visa can only be filed AFTER wedding), but what you can do is you can just enter for a few days, put your address as your family's address in the forms, send off the petition and during the 4-6 months' wait go back to your fiance/husband and family will let you know if you receive anything during that time.

(Alternatively, you can fill out all the paperwork yourself... and again, put your address as your family's address... and mail that to your family so that they can mail it from within the US to USCIS, that way you don't even have to come to the US just to mail a package)

Good Luck!

Edited August 14, 2012 by Henry&Rebecca

[X Factor 1,112]

Check out the following link. And yes lawyers are unnecessary if you are able to follow instructions, this site is extremely helpful.

http://www.visajourney.com/content/compare

[madtownguy 164]

You're in Mexico, just walk across the border like everybody else! ha ha. When I'm in Tijuana I would say half if not more of the people I meet are deportees or people who crossed illegally, then married, then had to go back for some time as a slap on the wrist. I'd just look into marriage laws in Mexico and make sure you are ok with them, some countries shift power to one side when you get married. I personally would never enter into any contract outside the US because I just don't know enough about their laws.

[andnico 1]

You're in Mexico, just walk across the border like everybody else! ha ha. When I'm in Tijuana I would say half if not more of the people I meet are deportees or people who crossed illegally, then married, then had to go back for some time as a slap on the wrist. I'd just look into marriage laws in Mexico and make sure you are ok with them, some countries shift power to one side when you get married. I personally would never enter into any contract outside the US because I just don't know enough about their laws.

Well welcome!! This is a very helpfull web site!!

YOu can file while living here in Mexico it is called DCF Direct counsular filing!! I think you have to be residing in mexico minimun 6 months ! Either way you go! K1 Fiance visa or Cr1 spousal visa! We just did CR1 and my hubby got it 3 - 4 months!! I dont know hw long it has been taking for k1 visa.

Just read tru this site on the mexico forum and you will get more info.

[KayDeeCee 4,893]

The K-1 cannot be used as a tourist visa to meet your family first. It is a one time entry visa. You must marry in the US within 90 days of entry. You cannot leave the US without applying for adjustment of status and having AP or your green card and be able to re-enter the US.

Check the link someone posted to the comparison of visas. DCF would be the quickest option.

Also, just to clear something up that was posted above: you need to list a US address on the forms, but you do not need to be physically present in the US to mail the forms to the USCIS.

[cabovisa1 0]

Thanks for the responses! Very helpful.... I was worried about the fact of me being here in Mexico could mess up the process. Another question..... We are definitely set on the wedding being here in Mexico in April 2013. Is there any way that we could get married by the judge or civil here in Mexico a few months before April, for example, and start the application process early? We are very anxious to get back to Chicago :-)

[cabovisa1 0]

Also, if my fiance applies again for a tourist visa ( to be able to come to he U.S. and visit family, friends and get to know the city) will that hurt our chances for approval for the spousal visa? When he applied and was denied the tourist visa in April of 2010, his reason for coming to the U.S. was work related, as he was going to go get supplies for his boss, who happened to be American, at the time, and of course also to come to visit me ( but he didn't mention that because he thought that would get him denied.... They would think he would stay with me in the U. S.) or would trying for the tourist visa be a waste of time?

[bt1 42]

Thanks for the responses! Very helpful.... I was worried about the fact of me being here in Mexico could mess up the process. Another question..... We are definitely set on the wedding being here in Mexico in April 2013. Is there any way that we could get married by the judge or civil here in Mexico a few months before April, for example, and start the application process early? We are very anxious to get back to Chicago :-)

Sure you can...you can have a quick civil marriage any time, file for your spousal visa and then have a wedding party in April: by then, you should have your visa in hand and can both come back to the US. But don't bother with the tourist visa, he is unlikely to get it.

[cabovisa1 0]

Ok, great!

[cabovisa1 0]

Well welcome!! This is a very helpfull web site!!

YOu can file while living here in Mexico it is called DCF Direct counsular filing!! I think you have to be residing in mexico minimun 6 months ! Either way you go! K1 Fiance visa or Cr1 spousal visa! We just did CR1 and my hubby got it 3 - 4 months!! I dont know hw long it has been taking for k1 visa.

Just read tru this site on the mexico forum and you will get more info.

[cabovisa1 0]

If we go the DCF route, can I stay here in Mexico while the process is taking place or do I need to be in the U.S? have you ever heard of anyone getting denied their visa after the interview? My fiancé has a clean history, he has never tried to illegally cross the boarder or any of that. We are just nervous because he was denied his tourist visa. Will that count against him in getting approved for the spousal visa? It's just that when he got denied for the tourist visa, the consulate woman didn't even listen to everything he had to say, they didn't review all of his paperwork ( bank accounts, letter of validation from American boss, etc) am I stressing out too soon or what are the chances? Did you stay in Mexico throughthe process?

[Henry&Rebecca 39]

If we go the DCF route, can I stay here in Mexico while the process is taking place or do I need to be in the U.S? have you ever heard of anyone getting denied their visa after the interview? My fiancé has a clean history, he has never tried to illegally cross the boarder or any of that. We are just nervous because he was denied his tourist visa. Will that count against him in getting approved for the spousal visa? It's just that when he got denied for the tourist visa, the consulate woman didn't even listen to everything he had to say, they didn't review all of his paperwork ( bank accounts, letter of validation from American boss, etc) am I stressing out too soon or what are the chances? Did you stay in Mexico throughthe process?

Personal opinion here, not sure of anything so take what I say with a grain of salt:

The only way the tourist visa application can interfere with the spousal visa is if the CO believes that the initial tourist visa application was an attempt to travel to the US and get married and stay... more technically known as visa fraud. As in: You try to get a non-immigrant visa with the intent to immigrate.

So! The way to purge that issue would be to prove that the initial intent behind the tourist visa application was only to visit, and not to immigrate. You can do this in many ways, but I believe the 2 best ways to do this would be:

1) If during his Tourist Visa application (specifically the part where they ask him if he has relatives in the US, and/or who he plans on staying with) he disclosed the fact that his fiancee's family lives in the US, and that the intent of his tourist visit was to also get to know them, then I think you're good to go because you can tell the CO during the spousal visa interview that he didn't hide the fact that he had a fiancee in the US, and he clearly stated his intentions to the embassy and didn't commit fraud by misstating facts.

2) If the place of the wedding, or any paperwork for marriage license or something in Mexico, was applied for or booked BEFORE he applied to a tourist visa, I'd take that as proof that even when he applied to the tourist visa, the wedding was always planned to take place in Mexico.

[Fight for Love 98]

you choose "EITHER OR??"

you cannot file for K1 and then fews months your planning to marrying him without completing the process. your just making things more complicated.

why not file for K1 then if your K1 got approved and got your visa in hand you guys move in US then marry him. make sure you marry his inside US. it's not a good idea if you got your K1 approved then you marry him in mexico.

goodluck

Edited August 15, 2012 by takis

[RobNKharen 70]

Read the guides for DCF, and i personally think this is your best route. You file it there in Mexico and can stay there while waiting for the visa approval. make sure you meet the I-864 requirements and/or have a good co-sponsor.