Not Sure about this ...need help

[Rubenc24 4]

I live at the border of Texas and Mexico.  I met my fiance in Mexico but he is from Colombia.  He is in Mexico on a tourist permit and has been renewing that for some time now.  he has been in mexico for 3 years now.  I was advised that in order to keep him from returning to Colombia that we could get married in Mexico and then get temporary mexican residencies for both of us so that way instead of him returning to colombia while we wait for the CR1 visa that he can reside in Mexico and do the interview in Mexico.  Just not sure if this can be done? We were advised that we could marry in mexico without having residency.  it is alot more convenient and easier on the long distance part for us because he is only an hour away rather than all the way in Colombia.

 

any advice please?

[geowrian 22,335]

I can't speak to any of the residency items with Mexico...I don't know their immigration process to obtain residency.

Presumably he would need to obtain residency there first to obtain any marriage-based immigration benefits (unless the plan is for you to obtain residency on your own as well...also a subject I'm not familiar with for Mexico).

 

For US immigration, you can marry anywhere in the world then start the CR-1 visa process by filing an I-130.

Generally, one needs legal residency in order to interview for a US immigrant visa.

 

If you live together in Mexico for 6 months, you should be able to do DCF instead of filing in the US. The drawback is you would need to wait to file the I-130....once filed in the US, you cannot switch to DCF. It would still likely be faster to do DCF since US-based processing is taking ~12-16 months on average whereas DCF is typically only a few months.

That said, keep in mind the financial obligation. If you did live in Mexico, you would need either income that continues from the same source upon returning to the US OR sufficient assets OR a joint sponsor.

[Alabamak1 688]

5 hours ago, Rubenc24 said:

I live at the border of Texas and Mexico.  I met my fiance in Mexico but he is from Colombia.  He is in Mexico on a tourist permit and has been renewing that for some time now.  he has been in mexico for 3 years now.  I was advised that in order to keep him from returning to Colombia that we could get married in Mexico and then get temporary mexican residencies for both of us so that way instead of him returning to colombia while we wait for the CR1 visa that he can reside in Mexico and do the interview in Mexico.  Just not sure if this can be done? We were advised that we could marry in mexico without having residency.  it is alot more convenient and easier on the long distance part for us because he is only an hour away rather than all the way in Colombia.

 

any advice please?

i understand your dilemma, but why not marry in Mexico, file for CR-1 and have her wait till she gets the visa approved and just go back to Colombia for her interview? 

Edited October 21, 2018 by Alabamak1

[pushbrk 12,106]

9 hours ago, Alabamak1 said:

i understand your dilemma, but why not marry in Mexico, file for CR-1 and have her wait till she gets the visa approved and just go back to Colombia for her interview? 

Not a bad plan but visas are approved AFTER the interview, not before.

[geowrian 22,335]

I'm assuming they meant "petition" instead of "visa". But yes, words matter and that distinction may have been lost on the OP without the clarification.

[Alabamak1 688]

40 minutes ago, pushbrk said:

Not a bad plan but visas are approved AFTER the interview, not before.

my bad: ....have her petition approved...then go back to Colombia

[Mr Genuis 91]

19 hours ago, Rubenc24 said:

I live at the border of Texas and Mexico.  I met my fiance in Mexico but he is from Colombia.  He is in Mexico on a tourist permit and has been renewing that for some time now.  he has been in mexico for 3 years now.  I was advised that in order to keep him from returning to Colombia that we could get married in Mexico and then get temporary mexican residencies for both of us so that way instead of him returning to colombia while we wait for the CR1 visa that he can reside in Mexico and do the interview in Mexico.  Just not sure if this can be done? We were advised that we could marry in mexico without having residency.  it is alot more convenient and easier on the long distance part for us because he is only an hour away rather than all the way in Colombia.

 

any advice please?

Well the answer is No. the two ears have to be visible on the photo.

[geowrian 22,335]

2 minutes ago, perks said:

Well the answer is No. the two ears have to be visible on the photo.

That's not their question...?

[Mr Genuis 91]

19 hours ago, Rubenc24 said:

I live at the border of Texas and Mexico.  I met my fiance in Mexico but he is from Colombia.  He is in Mexico on a tourist permit and has been renewing that for some time now.  he has been in mexico for 3 years now.  I was advised that in order to keep him from returning to Colombia that we could get married in Mexico and then get temporary mexican residencies for both of us so that way instead of him returning to colombia while we wait for the CR1 visa that he can reside in Mexico and do the interview in Mexico.  Just not sure if this can be done? We were advised that we could marry in mexico without having residency.  it is alot more convenient and easier on the long distance part for us because he is only an hour away rather than all the way in Colombia.

 

any advice please?

One thing i know for sure is that, were you are legally residing in as a petitioner. you are eligible to file there in the local office if incase they have the filed office.

[Mr Genuis 91]

2 minutes ago, geowrian said:

That's not their question...?

yeah its a mistake i was typing thinking its another threat

[pushbrk 12,106]

1 hour ago, perks said:

One thing i know for sure is that, were you are legally residing in as a petitioner. you are eligible to file there in the local office if incase they have the filed office.

Their IS a field office in Mexico, but the requirement is six months of residence prior to filing.

[Rubenc24 4]

34 minutes ago, pushbrk said:

Their IS a field office in Mexico, but the requirement is six months of residence prior to filing.

So if we did this and obtained those temporary residencies we would have to wait 6 months before filing so i could bring my fiance to the US? so it is adding 6 months to the already lengthy wait?

[geowrian 22,335]

12 minutes ago, Rubenc24 said:

So if we did this and obtained those temporary residencies we would have to wait 6 months before filing so i could bring my fiance to the US? so it is adding 6 months to the already lengthy wait?

For a fiance, you could file any time.

If you marry and live with her in Mexico for 6 months (with her having a legal residence there), you should be able to do DCF. So 6 month wait to file + a few months for processing. Otherwise you can file in the US anytime after marriage, but the processing time there is ~12-16 months on average from petition filing to interview.

[Rubenc24 4]

1 minute ago, geowrian said:

For a fiance, you could file any time.

If you marry and live with her in Mexico for 6 months (with her having a legal residence there), you should be able to do DCF. So 6 month wait to file + a few months for processing. Otherwise you can file in the US anytime after marriage, but the processing time there is ~12-16 months on average from petition filing to interview.

Geowrian,

 

what is faster? k1 or CR visa.  i cant leave my job here in the USA.  what we were trying to do was just have my fiance not go back to Colombia and do the whole interview and all the immigration process in mexico like the medical exam and the interview etc. because it is cheaper and more convenient that we are just an hour and a half apart.

[pushbrk 12,106]

18 hours ago, Rubenc24 said:

So if we did this and obtained those temporary residencies we would have to wait 6 months before filing so i could bring my fiance to the US? so it is adding 6 months to the already lengthy wait?

NO.  It will save you several months.  You would only do this if it works for you AND it would get you together in the US sooner.