Perplexed in Mexico

[MXcompadre 75]

I'm a US citizen residing in metro-Guadalajara area with my same sex Mexican life partner since 2002. Researching the best most expediente, fail-safe strategy in petition for his K-1 visa. On 12 May 2016 the Jalisco Congress complied with the Mexican Supreme Court ruling by amending Articles 258, 260 and 267 of the Civil Code in order for same-sex marriages to be fully legal and performed in all of Jalisco's municipalities. We're seeking and interested in any/all meaningful input as to whether we file form I-130 DCF within Mexico after being legally married here, or whether I/we submit and file an I-129F alien fiance petition through USCIS . Sincerely appreciate any and all information.

[Lainie B 465]

You've posted in the K-1 forum, but it sounds like you are trying to decide between getting married in Mexico then seeking the CR-1 visa through DCF, or going through the K-1 visa process and then getting married in the US. Is that correct? If so I'll move your post to the "What visa do I need?" forum

[MXcompadre 75]

Yes Lainie that is correct. We're seeking others experience feedback, and input as to help us determine which K-1 visa petition route to pursue in our filing, be it the USCIS I-129F, or marrying in Mexico and filing a spouse petition for his K-1 visa. We are seeking information from anyone having experiences with either of these filing options to assist helping us with our decision as to which route to pursue. Thanks for your follow-up and assistance.

[Shauneg 762]

DCF is the fastest cheapest route to visa and green card. No question.

[MXcompadre 75]

Thanks Shauneg! Through further additional research, I've learned that after we would get legally married here in Jalisco, I could file an I-130 Petition for Alien Relative (my spouse) through the USCIS office at the US Embassy in Mexico City. I'm awaiting mail delivery of my apostolic USA birth certificate legally required to apply for our civil marriage license. Will post further moving forward.

[Lainie B 465]

Yes Lainie that is correct. We're seeking others experience feedback, and input as to help us determine which K-1 visa petition route to pursue in our filing, be it the USCIS I-129F, or marrying in Mexico and filing a spouse petition for his K-1 visa. We are seeking information from anyone having experiences with either of these filing options to assist helping us with our decision as to which route to pursue. Thanks for your follow-up and assistance.

If you marry in Mexico you cannot pursue a K-1 visa, the K-1 is for fiances only. You would be pursuing a CR-1 visa, which is for spouses.

Moving to "Which visa do I need?" forum

[jeessgb 57]

It depends on your future plans.

K1 visa is taking around 6 months, while CR-1 visa takes around a year. With either of the two visas you and your fiance will need to move to the US (since he will be a resident).

With the K1 visa you still have to go through AOS process after marriage, so your fiance won't be able to work in the US in the meantime. With CR-1 he will receive green card immediately.

From what I've read CR-1 has less chances of denial and more opportunities for waivers (if needed). But speaking from my own personal K1 process it was very easy overall, and I guess it will be in your case too with such a strong proof of bonafide relationship.

So it's really up to you and when you're planning to move.

Best of luck!

[MXcompadre 75]

Jeessgb many thanks for your insightful reply! We're thoroughly and pro-actively researching our 'best' strategy visa petition option. Since we have a 31 year age difference disparity, and that would/will more than likely raise a 'red flag' in our alien fiance visa petition, at this juncture we're awaiting the legal input from a retired long-time friend who was a Federal Immigration Judge. Likewise, I'm awaiting receipt in the mail of my apostillized USA birth certificate, which is required for us to apply for a marriage license in the state of Jalisco prior to being legally married. At this juncture all of our extensive research is pointing in that direction as our most viable opportunity for the successful approval of a CR-1 visa for him. I'm hopeful we'll be ready to file and apply by the end of this month.

Edited August 16, 2016 by MXcompadre