Engaged to my american fiancee, now what?

[bridetobe2013 0]

Hello everybody!!!

Searching thru the internet I found this site and it seems helpful...hopefuly...

I live in Mexico, I've been dating my gringo for about 12 months, and until now he was always able to come to Mexico several times for vacations and stayed over enough time to be together, last month he stayed over a month with me, we spent more time than before, and he proposed... huge ring! and btw I said yes! lol. We evaluated our options because I have a great job here in Mexico at a firm, and its going pretty good, anyways, we've considered for him to move here, but he doesn't speak spanish, he has a steady job too and the best thing for us to do is for me to move to the US. However, when I wanted to apply for the Tourist Visa a few months ago it was denied to me, because in my record shows that 10 years ago I overstayed the amount of time allowed with my then visa and got taken away. So my boyfriend had to come visit more often. Now that we decided to get married I wonder what should we do to make it easier for me to be with him in the States, should I apply for a Fiancee visa or should we get married and have the whole big wedding here at my parents and that will do for me to enter freely, which one is easier and better, I have businesses and assets here in Mexico and I will need time to come and go to sell everything....please advice...

Edited August 6, 2013 by bridetobe2013

[lost_at_sea 995]

Welcome!

You probably want to start by having a look at this comparison sheet, to understand the pros/cons of going for the K1 or the CR-1 visas: http://www.visajourney.com/content/compare

In short:

The K1 tends to be faster to obtain, but is more expensive in the long run and the foreign half of the couple cannot work or leave the US for about 2/3 months after they marry and file their Adjustment of Status and get their work permit and travel documents etc.

The CR-1 may take a little longer to obtain, but costs less over all and the foreign spouse gets a conditional 2 year green card immediately (which means you can work and travel from the US straight away).

Note, I'm mentioning the CR-1, because you're talking of marrying soon and then filing. If you were married for 2+ years when you go for the visa, then you'd fall into the IR-1 category and get a 10 year green card straight off the bat.

Your Mexican assets may have little to do with the matter. The US half of the couple normally is the person who needs the assets/salary, in order to financially sponsor their partner (as it's all about being able to support the foreign spouse in the US, so I assume you'd lose your job in Mexico once you moved). If you have a lot of cash (or liquidable) assets, then you may be able to use those. If his steady job is great, then it's probably all fine and you'll do the most normal path where he financially sponsors you without a joint sponsor or any other the other complications. Folks can help you understand what you need for the financial aspects if you need help there.

Edited August 6, 2013 by lost_at_sea

[bridetobe2013 0]

He can well support me and yes, I'll be quiting my job, but not until everything is all set...seems that we should get married here and then start the process, plus I need to take care of things here...how long does it take overall in months... and will the process be affected by that time that my tourist visa was removed?

[Pitaya 2,577]

~~Moved from K-1 Process to What Visa Do I Need...Forum~~

[Ril 0]

I think that you should both consider to hire an immigration attorney for this matter. The fact that you overstayed your visa in the US can be an issue ( according to what i read ) and therefore the help of an attorney can guide you better in the process and take care of that little issue. As for the time, it's between 6 and 9 months for the K1 visa ( I know it's a lot )

[lost_at_sea 995]

Ah, pardon me. I missed the overstay in the US. You may need a waiver for that.

[Cesi 5]

You can get a waiver, but right after your interview. If you over stayed 10 years ago that shouldn't be a problem. They will let you know at the K1 interview if you need a waiver. I over stayed, like around a month and they took my visa and gave me a 5 yr ban but they also told me that I could apply for a waiver in order to re apply for my turist visa if I wanted it right away or wait for the 5 yr ban and get a visa without the waiver. Did they give you any document at that time?? They should of, anyway, I will have my interview pretty soon, our lawyer said I didn't need a waiver since I already completed the 5 years. Wish you the best in this journey! Blessings....

PS. by the way I'm in Mexico, my ban was over around 5 months ago. Good Luck!!