Starting Process - Which option is best?

[mexigrl 2]

Hi all,

 

Just starting this process and appreciate your assistance.  My boyfriend lives in Mexico.  He is currently getting divorced (they have lived apart for over 5 years).  He is 40 years old.  In his teens he came to the US a few times.  He was caught twice immediately after coming over the border, held for a few hours, and sent back.  He does not have any memory of signing anything or what the actual dates were.

My main questions at this point are:

1. How can we obtain a copy of his immigration history?  We want to make sure what is on file and how things are listed.  I'm very confused if being sent back twice makes him ineligible or if it matters "how" he was sent back.  An immigration attorney friend said something about if it was a voluntary return (?) then it might not even be on the record.  This would be about 20 years ago.

2. In Mexico you have to wait a year to get married again.  Has anyone ever gotten around that?  I did read about bridge weddings, which might work since the US doesn't require that wait.  

3. Which brings me to the big question (assuming he can get a visa) - do we file for fiancee and get married here, or get married in Mexico (or another country so we don't have to wait)?

I so appreciate any experience or expertise you can share with me.

Thanks!

[geowrian 22,335]

1. You can submit a FOIA request to try to obtain the full history.
   1. A voluntary return is usually still on somebody's record (although I'm not sure if that was the case 20 years ago...).
   2. That said, it may be simpler (although not cheaper) to just apply for the visa and find out what bans he has, and that they are all waivable.
   3. The only potential issue I see is if he has a 9C bar in place, which is a permanent bar but waivable after being outside the US for 10 years. The waiver would come into play after the visa would be otherwise approved (you can't apply beforehand). However, I'm doutbful that is even actually the case here.
2. Defer...no idea on this myself.
3. It's really a preference. A K-1 (fiancee visa) is inferior to a CR-1 (spousal visa) in every way except that it's faster (~7-9 months versus ~12-14 months). A CR-1 is cheaper, faster to get the actual green card, permits working right away, and lets you travel abroad right away. If you are okay with the couple months longer wait, I'd say go for the CR-1.

[pushbrk 12,104]

Getting married first doesn't speed anything up.  You'll be apart longer.  Choose the process that best fits your life choices and priorities.  Do some homework.  You don't just register a marriage and bring your spouse home on the plane with you.  

[Ryan H 3,790]

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration as OP is considering multiple paths.  Duplicate thread removed; please do not start multiple threads on the same issue.***

[N-o-l-a 7,167]

I'd be careful with filing a K1 before than 1 year waiting period is over - as he might be considered not to be free and clear to marry, a requirement to be filing the I-129f.