Want to bring fiance for visit from Mexico

[carmel34 3,531]

OP, your fiancee will always face big time scrutiny when applying for a tourist visa to enter the US because she has a USC fiance/boyfriend of 4 years.  As others have said, whether you are engaged or already married, this will present a challenge for her to ever get a US B2 visa because the officer adjudicating her application will see her relationship with you as a big red flag for immigrant intent.  My husband and I were very worried about this when discussing our plan B if his CR-1 spousal visa was denied for some reason, our big age gap being the primary concern.  If that had happened I was prepared to move to Brazil to live with him, and the consequence of that situation is that it would be difficult or impossible for him to ever get a B2 if we ever wanted to visit the US together.  She can reapply and try again, and hope for the best, but the fact that she is in a relationship with a USC will likely be the reason she will be denied.  Unfortunately, this is the reality of the US visa process.  This is why the attorney you talked with recommended a K-1 fiancee visa--it has a greater chance of approval given your four-year relationship living together in Mexico, the problem with this option is that you have no intent of living permanently in the US so you don't qualify for a K-1 or a even a CR-1.  So you're likely stuck with your current  situation and may have to simply accept it and have your family continue to visit her in Mexico, unless circumstances change and you decide to reside with her permanently in the US and file for a K-1 or CR-1 visa.  Good luck!

Edited July 9, 2019 by carmel34

[HRQX 4,145]

6 minutes ago, carmel34 said:

the problem with this option is that you have no intent of living permanently in the US so you don't qualify for a K-1 or a even a CR-1.

The K-1 is a nonimmigrant visa that allows dual intent. So she qualifies for a K-1.

[apple21 953]

Everything the interviewing officer needs to know is on the DS160. Her answers during the interview must match with what's on the DS160. No documentation is needed. She can bring whatever but don't expect the officer to even look at it. Her ties to Mexico would be her work and her child. Best of luck!

[geowrian 22,335]

4 hours ago, Doug Slye said:

I am not sure why she was denied...they asked her a few questions and ended the interview and told her she did not qualify.  Also she will be in Canada this summer and we would like to process and interview from there is that an issue?  We have no intent to have her stay in the US, all her connections are in Mexico as is our home.  Would a return plane ticket help? a vacation plan...anything?

She should have received a paper explaining why she was denied. It very, very likely stated she was denied under INA 214(b). Basically, insufficient ties to return home.

She can technically apply for a tourist visa  from Canada, although it is unwise to apply from a country where you do not currently reside. How are they going to determine her ties to return home to Mexico while she's visiting Canada?

 

A return plane ticket would not help, and they heavily advise people not to make any non-refundable plans before the visa is in hand.

A return ticket is very, very easy to ignore - it involves just not getting on the plane. Nearly everybody that has ever flown into the US and then overstayed had one - many millions of people have done exactly that.

An itinerary is a good idea, although a CO very, very rarely asks for documents. The DS-160 tells them the majority of what they consider.

[Unlockable 7,306]

*** One non-contributing post removed. Please remember to post constructively.

 

VJ Moderation

[Mollie09 1,543]

If she applies again, I would find a way to highlight the fact that you are a Mexican PR and intend to remain in Mexico. That's the strongest reason she has to return.

[Amadia 711]

I've read all the posts in this thread and the one that resonated with me was the post that mentioned her son's biological father refusing to have the son live in the US. If she's refusing to leave him in Mexico but he is refusing to let him move to America, would she willingly leave her kid in Mexico and move to the US to marry you and stay in America to make a life without her son at her side? 

[ineedadisplayname 442]

11 hours ago, Doug Slye said:

We are thinking we would just like to visit in the states since I am nearing retirement and plan on living full time in Mexico. 

Then why do k1 if you plan to live in Mexico? When she get the K1 the two of you will need to live in the USA while she gets her citizenship otherwise she will lose her status if not living in the US. So you are looking for like 5-6 years living in the USA after the K1. 

 

[HRQX 4,145]

1 hour ago, ineedadisplayname said:

So you are looking for like 5-6 years living in the USA after the K1.

After K-1 approval, they can marry in the US and return to Mexico. There is nothing in the INA or case law that prohibits that.

 

She should retry for the B-1/B-2 first, though.

Edited July 9, 2019 by HRQX

[geowrian 22,335]

I agree - K-1 is a valid option just to get married even in you plan to live abroad. It's a very expensive, long, complicated process for a single use, 90 day option, but it is there. Unless they divorce later, it's also a one-and-done type of deal...certainly not a replacement for a tourist visa.

[ineedadisplayname 442]

4 minutes ago, HRQX said:

After K-1 approval, they can marry in the US and return to Mexico. There is nothing in the INA or case law that prohibits that.

 

She should retry for the B-1/B-2 first, though.

But thay doesnt make any sense.they can marry in Mexico and live happily ever after!

[SalishSea 16,770]

55 minutes ago, ineedadisplayname said:

But thay doesnt make any sense.they can marry in Mexico and live happily ever after!

The only difference there would be the one-time extended family visit to the US.  

 

Like geo said, it becomes an expensive tourist visa, but because it is “dual intent” it is not illegal to  use it as such.

[jskibo 588]

3 hours ago, Amadia said:

I've read all the posts in this thread and the one that resonated with me was the post that mentioned her son's biological father refusing to have the son live in the US. If she's refusing to leave him in Mexico but he is refusing to let him move to America, would she willingly leave her kid in Mexico and move to the US to marry you and stay in America to make a life without her son at her side? 

No experience with Mexico personally but people leave their kids behind all the time so not as strong a tie as you may think.  

[ineedadisplayname 442]

56 minutes ago, Jorgedig said:

The only difference there would be the one-time extended family visit to the US.  

 

Like geo said, it becomes an expensive tourist visa, but because it is “dual intent” it is not illegal to  use it as such.

I did not say it was illegal. But he was saying he was adviced to marry in the US and such. Even if they want to immigrate it doesnt make any difference where they got married. 

[Amadia 711]

15 minutes ago, jskibo said:

No experience with Mexico personally but people leave their kids behind all the time so not as strong a tie as you may think.  

I honestly was not looking at it from a 'strong ties to home' point of view.....more like a mother leaving her kid. I'm a mother of 3 kids (2 at the time of me emigrating) and I did not leave my kids behind. I took the stress of family court and a vile ex-husband and ensured that I had legal permission to bring my kids with me; a decision I will never regret. My ex-husband is STILL not in his own house, does not have his own place or a car and is bouncing around from place to place....I don't even want to imagine what would have happened if I had left them behind with him.

I understand that not everyone has the ability to do like I did and each person's situation will differ from mine.