considering DCF instead of K1 (Mexico)

[mixtedee 0]

I'm a US citizen, my boyfriend is a Mexican citizen, and we've been together for 6 years. As we start to look at our options for marriage based visas (his application for a tourist visa was denied 2 years ago), the timeline for a visa through DCF is appealing. I understand that legal residency of the country from which you are applying is required, and see 6 months as a guideline. While I live in the US and plan to be here most of the next 4 years while my son goes through high school, I could see taking a 6 month leave of absence if the following is possible:

1) Marry in Mexico

2) Apply for Temporary Residency (which can be done in-country if the foreign applicant is spouse of a Mexican National)

3) Once 6 months have passed and during which time Temporary Residency is received, apply for US spouse visa through DCF

 

Is this even possible? It seems so much better than waiting even for a K1 visa that I wonder if I'm missing something.

 

Edited August 30, 2019 by mixtedee

[Just Paul 4,595]

2 minutes ago, mixtedee said:

I'm a US citizen, my boyfriend is a Mexican citizen, and we've been together for 6 years. As we start to look at our options for marriage based visas (his application for a tourist visa was denied 2 years ago), the timeline for a visa through DCF is appealing. I understand that legal residency of the country from which you are applying is required, and see 6 months as a guideline. While I live in the US and plan to be here most of the next 4 years while my son goes through high school, I could see taking a 6 month leave of absence if the following is possible:

1) Marry in Mexico

2) Apply for Temporary Residency (which can be done in-country if the foreign applicant is spouse of a Mexican National)

3) Once 6 months have passed and during which time Temporary Residency is received, apply for US spouse visa through DCF

 

Is this even possible? It seems so much better than waiting even for a K1 visa that I wonder if I'm missing something.

 

If you don't already have an RT or RP Visa and a Mexican green card you probably won't be able to file DCF before the office is closed.  If you are under the jurisdiction of Mexico City you can still try tho as the final dates haven't been announced.  You need additional proof like leases and utilities.  It is too late for Juarez and Monterey.

 

K1 is quicker than a stateside spousal filing.  That is a whole different discussion.

[geowrian 22,337]

12 minutes ago, mixtedee said:

3) Once 6 months have passed and during which time Temporary Residency is received, apply for US spouse visa through DCF

DCF is being phased out (except in "exceptional circumstances") due to the USCIS field offices abroad being closed. The date for Mexico City has not been formally announced, but the reported plans are to have them all closed in early 2020. They also stop accepting new applications about 60 days prior to closing. That means Mexico City's office (plus you have to live in their jurisdiction) would need to remain open until at least May 2020 or so for this to be possible if you rushed to marry and could live in Mexico like tomorrow. That just seems highly unlikely.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

[mixtedee 0]

UGH. We would fall under Mexico City jurisdiction, but can't start this at least until October and that would be pushing it. Gosh darn it all. Sounds like it could have worked otherwise. Looks like K1 is next best option.

[Just Paul 4,595]

9 minutes ago, mixtedee said:

UGH. We would fall under Mexico City jurisdiction, but can't start this at least until October and that would be pushing it. Gosh darn it all. Sounds like it could have worked otherwise. Looks like K1 is next best option.

A year ago would have been great timing. . .