tourist visa after k-1 denial?

[senoritacindy 0]

hi everybody,

2 years ago my (now) husband was denied a k-1 visa. yesterday he called the immigration office in mexico city because we are restarting the process so that we can be back at immigration in (hopefully) nov. of 2007, when the 3 year ban will be over. i have been living and working in mexico for the last year, after we got married here in mexico.

when he called, the man told him that he should apply for a tourist visa. is it true that you can get a tourist visa after you have been denied a k-1 visa? my understanding (from cuidad juarez) was that he would not be given any visa until the 3 years expired, but the man assured him that the tourist visa is independent of the k-1 visa denial.

we can prove that we will not stay in the us, as i am working here and have a 2 year contract with my school that wont end until dec. 2007. also my husband is studying here, and its not convienent for him to just drop his studies.

any help would really be appreciated. this has been a really long process for us, and i am looking forward to the day when this will all be done.

although i have not posted very often here, i have read many of your stories.

thanks so much!

cindy

[Yodrak 7]

senoritacindy,

Explain more about this 3-year ban. Ban on what? Based on what?

Yodrak

hi everybody,

2 years ago my (now) husband was denied a k-1 visa. yesterday he called the immigration office in mexico city because we are restarting the process so that we can be back at immigration in (hopefully) nov. of 2007, when the 3 year ban will be over. i have been living and working in mexico for the last year, after we got married here in mexico.

when he called, the man told him that he should apply for a tourist visa. is it true that you can get a tourist visa after you have been denied a k-1 visa? my understanding (from cuidad juarez) was that he would not be given any visa until the 3 years expired, but the man assured him that the tourist visa is independent of the k-1 visa denial.

we can prove that we will not stay in the us, as i am working here and have a 2 year contract with my school that wont end until dec. 2007. also my husband is studying here, and its not convienent for him to just drop his studies.

any help would really be appreciated. this has been a really long process for us, and i am looking forward to the day when this will all be done.

although i have not posted very often here, i have read many of your stories.

thanks so much!

cindy

[senoritacindy 0]

it was a 3 year ban for previous drug use. since then, my husband has been going to a psychologist and will do various blood tests to take to immigration next year.

[kitkat1 5]

The same ineligibility applies to tourist visas. My guess is the person who gave you that information from Mexico City was not well-versed in the "classes of aliens ineligible to receive visas".

[dmartmar 1]

So the K Visa was denied and what you're in other words saying is that you'll be using a Tourist Visa (if approved) to get married.

[Candace 2]

So the K Visa was denied and what you're in other words saying is that you'll be using a Tourist Visa (if approved) to get married.

No, you freak. That's not what she's saying. Also if you actually read before posting you'd have realised that they are already married.

[dmartmar 1]

No, you freak. That's not what she's saying. Also, if you had actually read before posting, you'd have realized they were already married.

1. Are they married in the US? No!

2. Are they married in Mexico? Yes!

3. And they married in Mexico b/c? The husband's a crackhead!

4. And his crackhead use resulted in? Denial of a K-1 Visa, along with a 3-year ban!

5. When is her contract over? Dec. '07

6. When is his crackhead 3-year ban over? Nov. '07

7. What they want to do now is? Restart crackhead husband's immigration process.

8. Did crackhead husband see a psychologist 3 years ago? No

9. Will crackhead husband do various blood tests? Yes

10. Do questions 11 and 12 tie into each other? Yes!

11. How so? Do immigration next year!

11. Can K-3 be applied for? No

12. Why? Belongs to the K types of Visas

13. Is there any relationship so far, between any of the above and a tourist visa? No!

14. Coincidence? Yes

15. Are there any other Visas they could marry in the US with, besides a K1 and K3? Yes

16. Name one for example? Tourist Visa

17. Do people normally say visiting the US only and end up staying by marrying? Yes

18. Does it happen often? It is abused

19. Is there a way to make a Tourist Visa's true intentions non-marriage like? Yes

20. How so? Return to home country for a while

21. Is there any relationship then, between OP mentioning tourist visa and all of the above? No

22. Coincidence then? Yes

[Marilyn. 340]

No, you freak. That's not what she's saying. Also, if you had actually read before posting, you'd have realized they were already married.

1. Are they married in the US? No!

2. Are they married in Mexico? Yes!

3. And they married in Mexico b/c? The husband's a crackhead!

4. And his crackhead use resulted in? Denial of a K-1 Visa, along with a 3-year ban!

5. When is her contract over? Dec. '07

6. When is his crackhead 3-year ban over? Nov. '07

7. What they want to do now is? Restart crackhead husband's immigration process.

8. Did crackhead husband see a psychologist 3 years ago? No

9. Will crackhead husband do various blood tests? Yes

10. Do questions 11 and 12 tie into each other? Yes!

11. How so? Do immigration next year!

11. Can K-3 be applied for? No

12. Why? Belongs to the K types of Visas

13. Is there any relationship so far, between any of the above and a tourist visa? No!

14. Coincidence? Yes

15. Are there any other Visas they could marry in the US with, besides a K1 and K3? Yes

16. Name one for example? Tourist Visa

17. Do people normally say visiting the US only and end up staying by marrying? Yes

18. Does it happen often? It is abused

19. Is there a way to make a Tourist Visa's true intentions non-marriage like? Yes

20. How so? Return to home country for a while

21. Is there any relationship then, between OP mentioning tourist visa and all of the above? No

22. Coincidence then? Yes

umm, why would they get married in the US if they are already married??

[Anastassia 0]

dmartmar's mission is accuse everybody on vj of fraud because his foreign ex-wife committed one, or at least he thinks so....... After having observed his posts here for a while, I am thinking maybe she entered this marriage with good intentions but only could take so much

[senoritacindy 0]

dmartmar,

im sorry. i dont know what i did to offend you, but it is my HUSBAND that you are talking about and I LOVE HIM. yes, he had a problem. yes, he is sorry. yes, he is well aware of the consequences of his actions. i did not post in order for YOU to call MY HUSBAND a crackhead, and seeing as how you dont know him, i would just keep my comments to myself. you have no idea what has happened with him. you have, however, ruined my day. thank you.

i posted this message asking for help, not to be criticized.

also, yes, we are legally married in the us because we are legally married in mexico. we are not asking about the tourist visa in order to get married. we are asking about it because we want to go TO VISIT the us, not to stay there. i know the problems that we could have. we have been waiting patiently for the 3 year ban to pass. we are not trying to cheat the immigration process.

thank you.

cindy

[Traviesa 0]

SenoritaCindy, don't mind Dmartmar-he's the same way with everyone. Try to be a foreign spouse and mention anything about a green card, and he's all over that, since obviously the green card is all you care about...

ANYWAY, I'm just curious as to the specifics of your case. My husband is dealing with a drug addiction ban also, but ours was incorrectly applied. Javier went for his K-1 interview last November and he told them about 2 things-one was his experimentations with cocaine (like a couple times) as a teenager (it's been like 10 years); the other was in August of last year when he put some cocaine in his mouth to identify it (some guys brought it on to the farm property where he lives and works with his family). Anyway, they considered that last thing a "usage" even though it wasn't, and so we got the 3 year ban until August, 2008. We decided to go ahead and get married in the meantime, and file the I-130 so in the end, he'll get the IR-1 Visa. Maybe at the end of your 3 years, you all could do DCF. One thing you won't be able to do in the meantime is get a tourist, or any other kind of Visa. When you're inelgible for one, you're ineligible for all of them. Anyway, if you care to share, I would love to hear your story. Also, I'm wondering how/where you found out you had to do psych exams/blood tests? We were never told anything like that. My common sense led me to get him started on urine drug tests every 3 months, but so far that's all we've done. (It's a little hard, since he's not actually a drug user, ya know??)

PS-Senorita Cindy, much to you! As another who has been through that, I am very familiar with how devastating it is to have this happen to you, and I applaud you for making the choice to stay with your man...wish that was an option for us, I would do it in a heartbeat!!

[dmartmar 1]

I am not accusing anyone of fraud, quite the contrary, I DO WANT both the OP and her husband to be together, be it here, there, anywhere. Knowing they want to do the right thing by going through immigration proceedings is something I applaud even more. My props to them.

But the only thing I would like to know is: given Ks are out of the question by now, what other options could the parties have, if for some extraordinary reason, moving back to the US is necessary ? NO, I AM NOT ASSUMING FRAUD.

I am a realist and do admit that unfortunately, in a situation like this and in order to stay together in the US as a married couple, marrying through the Tourist Visa is their only viable solution. Sometimes life plays dirty tricks on us and out of necessity, things have to be done. No one should be denied the right to love and be happy and I do hope that if it ever comes up to that, things work out for the better. I really do.

But on the other hand, being a realist also means that filling out paperwork for one purpose, then doing something completely different could be a big problem and WOULD NOT be the right thing to do. Agreed?

Difficult situation indeed. I only wish both the best.

[Traviesa 0]

I am not accusing anyone of fraud, quite the contrary, I DO WANT both the OP and her husband to be together, be it here, there, anywhere. Knowing they want to do the right thing by going through immigration proceedings is something I applaud even more. My props to them.

But the only thing I would like to know is: given Ks are out of the question by now, what other options could the parties have, if for some extraordinary reason, moving back to the US is necessary ? NO, I AM NOT ASSUMING FRAUD.

I am a realist and do admit that unfortunately, in a situation like this and in order to stay together in the US as a married couple, marrying through the Tourist Visa is their only viable solution. Sometimes life plays dirty tricks on us and out of necessity, things have to be done. No one should be denied the right to love and be happy and I do hope that if it ever comes up to that, things work out for the better. I really do.

But on the other hand, being a realist also means that filling out paperwork for one purpose, then doing something completely different could be a big problem and WOULD NOT be the right thing to do. Agreed?

Difficult situation indeed. I only wish both the best.

The part of that which is incorrect is that their only option would be "marrying through the Tourist Visa." They are already married, and as such, cannot re-marry. You can only be so much married, a marriage in Mexico is considered a marriage in the US. Beyond that, wouldn't DCF be an option for them? Also, if they couldn't think of anything else, the OP could come back to the US, get herself settled and established, and then file the I-130 for him. They have several options available to them...the last thing I would be thinking about in their situation would be immigrating with a tourist Visa...that wouldn't even work for them, as how would he adjust once he was here?

[kitkat1 5]

given Ks are out of the question by now

Wrong. When the 3 year ban is over, he will get his visa

in a situation like this and in order to stay together in the US as a married couple, marrying through the Tourist Visa is their only viable solution.

Wrong. She never said they want to stay together in the US as a married couple when she asked the question. And they obviously don't need a tourist visa to marry since they are already married.

She simply wanted to know if he might qualify for a tourist visa during the ban period so he might be able to come and visit her instead of her always going there.

Do you really think someone who has been through the devastation of a visa denial and ban would risk everything by getting a tourist visa and trying to use it for something more than a visit? Since he WILL qualify for his visa when the ban is over, I think not.

[Traviesa 0]

given Ks are out of the question by now

Wrong. When the 3 year ban is over, he will get his visa

To expand on this, if they had remained unmarried during the 3 year period, when he returned to Juarez he would have been given his K-1. They hold the case for you for the 3-year period.