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Doug Slye

Visitor visa for Mexican citizen that is married to US citizen

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Hi I have been engaged to a Mexican lady for 3 years.  I own a house in Mexico where she and her son live.  She owns property of her own in Mexico and her son attends school in Mexico.  She is single and never married.  She has no documented work in Mexico though she works with her mom and sells cosmetics and clothing from her facebook page.  She has plenty of money in her bank account that she has earned from her work.  The son and her have a passport and both her and the son have traveled to Canada on two occasions and returned to Mexico after my family traveled to Canada to meet them.  We would like to get married in the US but the process is taking a long time due to conflicts with the sons father.  I would like to marry this women and bring her and the son to the States for visits until I retire in Mexico.  We do not want her to immigrate to the states but just visit.  Several years ago we attempted to get her a visitor visa but it was denied due to her being single, with no documented job or home in Mexico.  I have since started a Mexican Corporation that she is listed as 50% owner, the corporation will hold the deed of the home that I own, so she will now show ownership too, she will be working under the corporation now also, so should show employment.   Does anyone see a reason why they would be denied a visitor visa if she is married to a US citizen and we were married in Mexico?  I do not want to get denied again since it will damage our chances in the future if we want to go for a CR1 visa in the future.

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To be honest the marriage makes it worse. If she’s married to a US citizen she’s a red flag because that shows immigrant intent. A new ownership of a new business is not really good proof of ties to their home country because that job can be easily abandoned. She will most likely be denied a visiting visa whether you marry her or not. With that said, tourist visa denials due to immigrant intent have no impact in future immigrant visas. You’re much better off getting married and applying for CR1 and having her immigrate. Then after they become citizens you’re free to retire in Mexico. 

Edited by TNJ17

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The chances of her getting approved for a tourist visa is how compelling her ties are to Mexico for her to return after a visit.

 

With marriage to a USC, the ties to the USA are then even stronger.  Working under a corporation you own is not going to show strong ties to Mexico, as it's a job she can easily abandon at any time and/or easily transfer to work in the USA, and the CO may presume she was given the job just to attempt to show employment on paper only.

 

However, since it's been years since she applied for the tourist visa, and she has traveled to other countries (Canada) and returned home afterwards, it's worth a shot if you have the $160 to spend, and see what happens.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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Only way to know if to apply and find out. $160 + travel costs + time is all that is wasted if you try.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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