Apply for green card or move to mexico?

[eshramek 0]

Hello all!  Ok so heres the quick summary:

 

We have been dating since winter 2016. And I have gone to mexico twice before with Lesly with no issues....until...

 

Lesly and Ed went to Mexico for her sisters wedding in spring of 2018. We got into a car crash while there. I was fine, but Lesly had to stay a couple extra months in the hospital for her spine and lungs. So a few months pass, shes recovering, but broke from all the hospital bills, and Leslys work visa ( she was an aupair in USA) expires. So Lesly wants to come back and she buys a  one way ticket, and tries to come to the USA on her tourist Visa.

 

When she lands in the US, the immigration officer pulls her aside, they take her phone and search it, and ask her all these questions.Lesly is still in some pain, and not 100% physically and mentally, she did NOT buy a return ticket, which was a big red flag(I think). And she was coming back to work under the table basically.

But during the interview she at first lies, and says she is only coming to the US for a week or two, to see the child she watched for her birthday, that she doesnt have a BF, that she has a good job in Mexico... annnd after 6 hours, they break her down, and kind of bully her, and get her to admit she was coming to the US to Work, that she doesnt have strong ties in Mexico, like a good job and a car, etc.

. Lesly signed the form (Record of sworn state proceedings under section 235 (b)(1) form I-867A) and she was inadmissible under INA 212(a)(7)(A)(i)(I)

 

So they basically let her withdraw, and she was NOT banned. And she can reapply at anytime... Or so the forms/documents/law says....

 

Ok, then we have a long distance relationship for a year, and I decide to propose to her and I visit her in Mexico, march of this year and propose. Lesly has been working as a pre school teacher for 6 months, making ok money. and she was planning to get a student visa( to go to an English school in the USA) with her old host Mom as the sponsor(She had no idea I would propose to her) Since she already had all the documents and everything filled out, I thought why not. Well long story short, she gets denied for the student visa in Mexico. The guy was friendly, but Lesly said he was reading a lot on the computer( probably about her old interview last year) and basically automatically denied her, because her sponsor is with the same lady she used to work for. With reasoning under INA section 214(b) and gave her one paper that said she has no strong ties to Mexico.

In hindsight, the student visa was a very bad idea, but too late for that...

 

So here is my question.

We are going to marry in mexico in oct of this year, 2019. And then apply for a green card. Our marriage is legitimate and we have a LOT of photos, letter from friends and family, plane/trip tickets, etc. to prove it.

When we apply for the green car, will it automatically get rejected? Do you think they have labeled Lesly as a lair? and we have no chance?

 

Should we wait a bit before reapplying?

 

Doing all my research and reading forms and such, it looks like under the law- she wont get automatically rejected; and its up to the individual officer, so Id say we really have a 50/50 shot. And this time I will be the sponsor, I have a decent job in the bank, and she doesnt have to have strong ties to mexico for this visa ( I think).. Im just thinking if they labeled her as a liar, will they ever even consider our marriage legitimate.that shes just trying to come here to work. and honestly, I dont even want her to work for that lady, shes nuts....Anyways, I dont want to do all this work and $$ only to be automatically rejected. Id rather just move to mexico for a year or two..

 

We were also thinking of moving to canada for a year or two, and live there before applying for US green card.

 

Anyways. thank you so much! Even a little bit of advice will help us. I really appreciate it!!!

 

-Gringo in trouble, Ed

[Crazy Cat 39,386]

Marry in Mexico, and start the CR-1 process.  It sounds like she has no bar, so , in 12-18 months, she can enter the US via the spousal visa.  

This is an immigrant visa.....no strong ties to her home country required.

Edited June 20, 2019 by missileman

[Ben&Zian 4,397]

Since she was allowed to withdraw and leave the US voluntarily when she tried to return, sounds like as mentioned, no inadmissibility or bar, and the denial of the student visa probably won't matter as long as there was no misrepresentation on the application... so I'd agree, go a head and marry and file for the CR-1.

[Boiler 43,597]

I see nothing to suggest a permanent ban that can not be overcome.

 

So fie after marriage, interview end of 2020 say and then well if there is a Misrep charge, you will find out at the interview, and will need to file a waiver, so worst case is likely to be early 2022 entry.

 

Really time and money.

[Russ&Caro 1,548]

Don't sweat the rejection of the application for student visa. Happens a lot prior to a spouse or fiance visa application is filed. My wife's student visa application was rejected prior to us filing a CR1.

[Just Paul 4,591]

No Bar so no issues to be expected.  File the I-130 petition when you are ready.  Get extra copies of the marriage certificate.  When you need the police certificate get the state or federal one.  CDJ was pretty easy to deal with.

[eshramek 0]

thank you all for your help. we are a lot more confident now!