how to spend waiting time with spouse

[joanderson 17]

OK I just started the I-130 process for my wife in Mexico, I am a USC and I received an email on Jun 6th telling me that my case was received, but I haven't received the I-797 yet, but here is my deal: I was living for the past 10 years in Mexico with my wife and 2 daughters we now have together, they are both USC too, but in April I got a job offer in the USA and I moved back up and a month later I went to bring my wife and children up with me, and at the border thye wouldn't let my wife through in fact they took her tourist visa from her and said she couldn't cross as a tourist because they felt that she had intented living up here. So, I have never been away from my family more than a month at a time and I don't think I can handle being away from them for the 6-12 month process, I did send in a letter with my application stating my daughters are USC and I wanted them to attend school up here in August and because of my job I travel a lot so I was hoping to have my wife up here as a resident by the time the next school year begun, but I am now looking at our different options because I doubt it will rush things, so the options I have thought of and I would appreciate you input considering I have never done a single immigration process in my entire life and many people here have the experience I am thankful for many things I have already learned on this web page.

Ok so, I have thought of her filing for another tourist visa and bring in the I-797 when we get it and explain to the US consulate in Mexico that she wants to be able to visit me while the process is complete, and just be honest, but, I do wonder if this will just be a waste of money and time because of the probability of them issuing her another visa since about a month ago she had hers taken away.

Or, if I move back to Mexico to wait with my family, but then I won't have an income to file the I-864 affidavit of support, Also about that, since I've lived in Mexico the past 10 years I don't have any tax returns or W-2's for these past years, the job I started in April is the only stable job I have had for over 10 years now. so even if I do stay working up here I have no idea if I will be okay anyway, because I can't prove past years income.

Or if there was any way to expedite the process, i would go to extreme measures to get them up here with me.

Thank you all in advance for any input and/or advice you can give me

[ingrid_rachel 18]

I lived with my husband and babies in Mexico for 8 years. But the kids and I came back to Puerto Rico on March, 2012. He stayed in Mexico. A year and a couple of months later he had his interview in Juárez, June 11, 2013. We wanted our family together, but we had to sacrifice something. Good luck!!!!

[Hypnos 6,576]

Your wife would need to show extremely strong ties to Mexico to obtain a tourist visa and be able to visit you in the US whilst you were waiting for her immigrant visa to be processed. The fact that she has two US citizen children and already had one visitor's visa cancelled is only going to fuel their belief that she would not return to Mexico once her period of authorised stay expired.

At this point her chances of being able to visit you in the US before her immigrant visa is approved are slim-to-none. Perhaps you can visit / live with your wife in Mexico until she is able to immigrate to the US.

It's unlikely you would qualify for an expedite (i.e. taking someone else's position ahead of you in the queue for yourself), but you can read USCIS' criteria here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited June 19, 2013 by Hypnos

[canadian_wife 1,791]

Honestly, with a USC husband and 2 USC children I am not surprised she was denied, especially if she did not travel with ties to MX. That being said, unless she has substantial ties to MX she will likely be denied another tourist visa, but there is not harm in trying. A denial of entry and a denial of a tourist visa will not have an impact on your immigrant visa.

Expedite probably won't work, your USC children may come to the US at any time to attend school. Expedites are typically for extraneous situations like imminent military deployment to a combat zone, serious illness, etc.

This is a difficult process and most of us have to spend long periods of time away from our spouses so we understand your pain. Can you visit MX frequently? File ASAP, use the guides in the link above and I hope you have a speedy approval

good luck

[joanderson 17]

I appreciate all your input, your right Expedite won't work, and she did bring some ties to MX when she was trying to come up, but it was your work ID and copies of the title to our 2 houses in Mexico and the title to our van in MX, but they didnt think it was enough proof that she was intending on going back. So with that being said, I dont know what other ties she could possibly have to bring with her to the US consulate at the time of her interview for a tourist visa, so maybe I will have to suffer it out like most people do, I would move back to mexico but I don't know how I would complete the I-797 affidavit of support.

But thank you all, I hope I have a speedy approval as well!!!

[NikLR 13,220]

Do you live fairly close to the border? Would you be able to travel back and forth every weekend or every other weekend? That might be the best way to do it.

My husband and I basically lived on Skype. It was on from the moment both of us were home until one of us went to work the next day. Cooking, sleeping etc... it was there. I don't know how I would have survived without it, but I'm sure we would have found something.

[TLlanos 4]

Do you live fairly close to the border? Would you be able to travel back and forth every weekend or every other weekend? That might be the best way to do it.

My husband and I basically lived on Skype. It was on from the moment both of us were home until one of us went to work the next day. Cooking, sleeping etc... it was there. I don't know how I would have survived without it, but I'm sure we would have found something.

Feels so good to know that Im not the only one! we even try to have dinners together at least a couple times a week :-)

Watch the same movies, at the same time... even put him on the table during my birthday so he could sing along.

Where there is a will, theres a way right??

[dwheels76 5,463]

Or, if I move back to Mexico to wait with my family, but then I won't have an income to file the I-864 affidavit of support, Also about that, since I've lived in Mexico the past 10 years I don't have any tax returns or W-2's for these past years, the job I started in April is the only stable job I have had for over 10 years now. so even if I do stay working up here I have no idea if I will be okay anyway, because I can't prove past years income.

Or if there was any way to expedite the process, i would go to extreme measures to get them up here with me.

Thank you all in advance for any input and/or advice you can give me

Okay to your other matter. Before you get to the NVC stage you need to get your tax filings in order for the last 3 years. Or show reasons why you didn't have to file.

I woukd visit the IRS.gov site there's forms you can do for citizens working abroad and all that.

Here is the NVC filers thread read post #1 and #2 get acquainted with what you need to do next.

http://www.visajourney.com/forums/topic/433472-nvc-filers-june-2013/

[joanderson 17]

Okay to your other matter. Before you get to the NVC stage you need to get your tax filings in order for the last 3 years. Or show reasons why you didn't have to file.

I woukd visit the IRS.gov site there's forms you can do for citizens working abroad and all that.

Here is the NVC filers thread read post #1 and #2 get acquainted with what you need to do next.

http://www.visajourney.com/forums/topic/433472-nvc-filers-june-2013/

Thank you all for you comments and advice, I do live about 6 1/2 hours from the border but my family is about 16 hours from that border so that would be very expensive and difficult to be visiting on the weekends, but we do pretty much live on skype it has been a life saver thats for sure.

I will definatly check into the IRS site to see what I can do to fix my past situation, I didn't know I could do that. in the long run I will probably have to find a sponsor anyway because I won't make it that long without my family they are having a very difficult time without me, we have just started the process and from what I see on this site the majority of these cases take about 7 months so I'm thinking if I can just get a sponsor like my mother to sign as her sponsor I won't have to be working up there, (that is correct isn't it) If that is the case I think I will be packing my things back up to head down to Mexico and see how things work out for me down there in the mean time, (as long as it won't affect the process of getting her residency).

Any inputs on whether this is possible, just for me to head down to Mexico and have my mother be the one who signs as her financial support?

Either way I will be getting on that IRS situation, thank you for mentioning that dhweels !!!!

[joanderson 17]

Does anyone know if I am obligated to have a job in the US in order to get my wife's residence visa? I was wondering if a family member would be able to file the affidavite of financial support or if they will be looking at my income as well. And about my past 3 tax situation I can't seem to figure out how to fix this situation, or who to contact to see what the first step is.

Any help would be greatly appreciated

[Hypnos 6,576]

You must be domiciled in the US, and you will always be the primary sponsor regardless of income (even if it's 0).

Any US citizen or LPR can be a co-sponsor, provided they agree to do so and make above the required amount.

[dwheels76 5,463]

Does anyone know if I am obligated to have a job in the US in order to get my wife's residence visa? I was wondering if a family member would be able to file the affidavite of financial support or if they will be looking at my income as well. And about my past 3 tax situation I can't seem to figure out how to fix this situation, or who to contact to see what the first step is.

Any help would be greatly appreciated

Just call IRS they will direct you to what forms to fill out as a citizen making foreign income and such so you can get that all in order.

And really all your questions are often asked in the NVC filers thread i posted i would ask there plenty more experts there. Hope you read post #1 and #2 (especially #2 about domicile).

[The Mean Lady 604]

I appreciate all your input, your right Expedite won't work, and she did bring some ties to MX when she was trying to come up, but it was your work ID and copies of the title to our 2 houses in Mexico and the title to our van in MX, but they didnt think it was enough proof that she was intending on going back. So with that being said, I dont know what other ties she could possibly have to bring with her to the US consulate at the time of her interview for a tourist visa, so maybe I will have to suffer it out like most people do, I would move back to mexico but I don't know how I would complete the I-797 affidavit of support.

But thank you all, I hope I have a speedy approval as well!!!

Wow, that sucks.

That actually seems like some decent ties!

I would say try again, honestly.

Maybe you get a nicer agent this time around.

Try bringing a letter from the employer stating when she is to return back to Mexico for work.

Other than that, I'm sure you can imagine how hard it is to cross w/o solid ties from Mexico.

Bank statements are also great assets.