At a crossroad...Need advice

[JJ89 13]

This is going to be long...

 

I am the petitioner, and my fiance is the beneficiary.  We met in Colombia back in the beginning of 2017. She is from Venezuela. We kicked off quick. I had to leave Colombia, and she had to stay.

After words she tried to go into Mexico as a tourist, and we were going to meet up there. Mexico denied her entry as a tourist. ( They do this a lot to be people from South America.  That was a tough month. She then went to Ecuador on a bus, and I flew there to meet there. We were finally together again. In Ecuador we applied for the k1 visa. This was back in November. Our time in Ecuador was tourist was running out, so we had to leave. We then decided to try to get into Mexico again, and this time she got through fine. Most likely because she was with me and I have dual citizenship in Mexico and the USA. Mexico was great we lived on the beach. Currently living in Cancun.

 

This is where it gets tough. My fiance is pregnant with my baby. We are currently at the NVC stage of the K1 visa, but we run a risk of her going back to Colombia for her interview. With the current state of Venezuela, going back there, is not a possibility.  If she were to go back to Colombia, there is a chance that she could be denied. Murphy´s law, whatever can happen, most likely will happen... Heck she can go into administrative processing too. I cannot go back to Colombia either, so she would be on her own there if this did take place. I do not want to miss the birth of my baby, nor do I want to be without her as the baby grows more, or be there to help her out with what she needs. Sending her off to Colombia for an interview that can go wrong breaks my heart. 

 

Our other possibility is getting married in Mexico. We can get married here and she becomes a resident here in Mexico since I am a citizen here as well. We could then apply for the CR-1 visa. There is direct counselor filling in Mexico that makes the process extremely fast. Sounds nice right? Life is never easy. 

 

Today we spoke to the judge here in Mexico and she says we have to get married by Next week preferably, in order to avoid over staying in Mexico, between the time of  her getting her Mexican residency, and her  Tourist visa  in Mexico expiring. It runs out in 1 month and 3 weeks. Can  we even get married before our k1 case is fully closed if we decide to take the route of getting married and going for cr-1? 

 

Can someone please me advice on what to do. We are very emotional, and emotional decision are never the correct ones. Thank you. 

 

The 

[aratamorne 164]

Of course you can get married.  Then just mail a withdrawal letter for the K1.  You will not be penalized for getting married and filing as CR1.  Just do not get married and try to continue the K1, as that route will be closed to you and could lead to a ban for fraud.

[GreatDane 366]

Your K1 will not be completed via your timeline.

[JJ89 13]

7 minutes ago, aratamorne said:

Of course you can get married.  Then just mail a withdrawal letter for the K1.  You will not be penalized for getting married and filing as CR1.  Just do not get married and try to continue the K1, as that route will be closed to you and could lead to a ban for fraud.

Thank you for your response. This gives me more to work with. 

3 minutes ago, GreatDane said:

Your K1 will not be completed via your timeline.

What do you mean? Sorry I don't understand.

[GreatDane 366]

1 minute ago, jcon91 said:

Thank you for your response. This gives me more to work with. 

What do you mean? Sorry I don't understand.

Sorry - I misread. I thought you wanted to know if your case would be wrapped up in the next one month and three weeks.

[EmmNM 179]

12 minutes ago, aratamorne said:

Of course you can get married.  Then just mail a withdrawal letter for the K1.  You will not be penalized for getting married and filing as CR1.  Just do not get married and try to continue the K1, as that route will be closed to you and could lead to a ban for fraud.

I agree. In order to stay together get married and withdraw your k1 and proceed with cr1.

[Jojo92122 1,924]

1 hour ago, jcon91 said:

Our other possibility is getting married in Mexico. We can get married here and she becomes a resident here in Mexico since I am a citizen here as well. We could then apply for the CR-1 visa. There is direct counselor filling in Mexico that makes the process extremely fast. Sounds nice right? Life is never easy. 

 

Life is never easy, but it's nice that you have options since you are a dual Mexican citizen.

 

YOU ROCK!!!!  Marry, get her Mexican residency, cancel K-1, and start DCF.  

[pushbrk 12,157]

1 hour ago, Jojo92122 said:

 

YOU ROCK!!!!  Marry, get her Mexican residency, cancel K-1, and start DCF.  

Yes but not necessarily in that order.  You can withdraw the I-129F NOW, if you've decided to marry.  You can marry without her being a Mexican Resident.  Whether you can start DCF without her Mexico residency is a question for the USCIS field office.

[Jeanne Adil 1,651]

no matter which way u go, she still needs the criminal report from her country and in most cases the country says the person must apply for this document in person

[4A2 76]

15 minutes ago, adil-rafa said:

no matter which way u go, she still needs the criminal report from her country and in most cases the country says the person must apply for this document in person

@jcon91 If she spent over 6 months in any other country, (Colombia/Ecuador/Venezuela) start finding out if you can get the police clearance report.  I am Dominican and Mexican and the beneficiary of a K1, scheduled for an interview in Juarez in September. I had to get a Police report from the DR, and one from here in Quintana Roo, in procuraduria, it is about 156 pesos, if I recall well. 

The important thing in here is that they are needed for K1 or for CR-1. 

 

If you are not worried about time, take the following into consideration also:

 

Marrying and for your fiancee to get the Mexican residency is like a 3 months process to get her Residencia Temporal. Please make sure to reconfirm the exact requirements of the consulate for your DCF. It is a wonderful thing to have this opportunity even when we have to go to a glorious-insert sarcasm-visit to Juarez. 

 

I wish you guys a wonderful journey and a safe delivery of your baby. While you are at it, find out how to get your baby's US citizenship immediately without having to go through all the hassle.  "Feliz Matrimonio"!