Tourist Visa while married to US citizen?

[sgalvan 0]

My husband moved back to Mexico in 2011 after being in the US for 4 years illegally. He moved back to Mexico because of a job offer. We own a large amount of land which we use to grow and sell sorghum. My legal residency at this moment is still the US because I am studying. I am due to graduate in November. I am applying for my Residency Visa here in Mexico this week. At the moment I travel to Mexico for 4 months and go back to the States for 2 months. We plan on me and the children to move permanently to Mexico as soon as I graduate. My job is online and my husband's job is a very good position where he makes very good money. He actually earns more here than he would in the States. All of his family are here except for a couple of aunts and uncles. My husband would like to go visit my family with me this year. We do not want to live in the States so he does not need a residency visa. Would he be able to get a tourist visa?

[Ryan H 3,825]

Did he enter with inspection and overstay? If so, then he has a 10 year ban from the US that was triggered when he went back to Mexico in 2011.

[Harpa Timsah 13,258]

He is banned from returning to the US.

[Harsh_77 718]

If he had entered with inspection - he would have a ban from entering US, cannot get a tourist visa until ban expires.

Edited April 24, 2013 by Harsh_77

[sgalvan 0]

He entered without inspection. I expect a 9(B) ban, but a friend was in the states just as my husband for 5 years and entered without inspection. He came back to Mexico a week before my husband did. His only difference is he is not married to an American citizen. He just got his tourist visa last week. He is now in the USA. He left yesterday.

[canadian_wife 1,827]

He entered without inspection. I expect a 9(B) ban, but a friend was in the states just as my husband for 5 years and entered without inspection. He came back to Mexico a week before my husband did. His only difference is he is not married to an American citizen. He just got his tourist visa last week. He is now in the USA. He left yesterday.

Was this friend truthful on the tourist visa application about his illegal presence in the US?

[sgalvan 0]

I am not sure, but he was deported. So wouldn't the agent know at the interview?

[Harpa Timsah 13,258]

With or without inspection, he is banned from the US. It seems your friend lied.

To the people that said inspection matters, an illegal entry stills results in illegal presence in the same way an overstayed visa does.

[sgalvan 0]

Right, I know that either type of illegal stay in the US for more than 6 months results in a ban. What I don't understand is how this guy got his visa after being deported. The immigration officer who interviewed should have known about his deportation, right? I know he was deported because we were the ones in contact with him while he was in jail awaiting deportation.

My husband said that he has heard of a few getting visas even a spousal visa without the waiver when they should have had a ban. It seems really odd.

Whe you go for the interview the officer definitely asks if you have been in the US? If not, should you notify them of your prior presence? I am under the understanding that later you can lose your visa for misrepresentation.

[Harpa Timsah 13,258]

I don't think your friend has a tourist visa. Either he lied to you about it, or he lied to US immigration about it. Maybe he entered illegally again but told you he got a visa.

[sgalvan 0]

He has a visa, I saw the visa myself. It just seems odd that the immigration official didn't know he had a deportation just 2 years ago.

[sig green 0]

If you have Mexican residence, then have your husband apply for the visa. The worst that can happen is that he is not approved. My wife got a 10 year multi entry tourist visa so it's not impossible for spouses of American citizens to get tourist visas.

[sgalvan 0]

I am in the process of applying for my Mexican residence visa. My legal residence is still the US, but I am in Mexico more then the States. We rent a house in Mexico, but own land in the town my husband is from. We can't live there due to no internet service yet. So we have to rent a house in the city. My job is online as is my school. We are going to go ahead and try to get to get him the tourist visa. I mean, worse case scenario, he is denied. We have nothing to lose, right? A tourist visa is not that expensive so it is worth the risk. We would live to travel to the States together instead of him leaving me at the border.

[sgalvan 0]

I am in the process of applying for my Mexican residence visa. My legal residence is still the US, but I am in Mexico more then the States. We rent a house in Mexico, but own land in the town my husband is from. We can't live there due to no internet service yet. So we have to rent a house in the city. My job is online as is my school. We are going to go ahead and try to get to get him the tourist visa. I mean, worse case scenario, he is denied. We have nothing to lose, right? A tourist visa is not that expensive so it is worth the risk. We would live to travel to the States together instead of him leaving me at the border.