US Immigration from Mexico

Hi folks,

Been lurking here for quite a while and gathered much needed information.

As the title states I have applied for a K1 visa for my fianc e, and on that packet included her 3 minor children. I also included her adult son with an annotation he will not be immigrating with the family, but the form said to list all her children. The package was received in Tx Aug 17 2020 and sent to the California service center which seemed good as it had a lower wait time, but that time has now grown by 6 weeks. We filed a K1 because research showed that it s a faster process than the CR1 and after seeing how the court system in Mexico works I would rather be married in the States.

A brief history about us. We knew each other as teenagers when I lived in Mexico and were in love but entirely too young. I joined the service after returning to the states and after retiring spent 9 years looking for her. We reunited online and I came for a 2 week visit to find the fire still burned for each other. 4 months later I returned to Mexico on a tourist visa, rented a house for us and her 3 minor children as we prepared her paperwork (hence my loathing of the Mexican legal system). After 9 months of fixing the children s fathers birth certificate, CURP (like a SSAN), and voter registration card (ID) we have finally completed the children s passports, for which the father had to be present to approve. We have corrected, filed, and completed all other documents that had errors or we never completed for her divorce(s). I returned to my home for a few months due to pre existing obligations in the spring of 2020 then returned to live in Mexico on another 6 month visa that is set to expire here shortly, as well as my passport. While our intentions were for me to wait in the States for her interview in Juarez as we expected it to be in Jan-Mar timeframe I may just return here as soon as my new passport issues and await the interview with her.

So here are my list of questions or worries.

1. Parental consent from the absentee father. He has finally agreed to give permission for the children (ages 14, twins 12) to relocate permanently to the U.S. I am unable to locate a template for this. I found one for Thailand that states it must be drafted on letterhead, but nothing for Mexico. Is it required for this country or assumed since the father had to give permission for the passports? I am thinking of just drafting a document (in English) that states as follows.

I, FATHERS NAME, CURP#, RFC#, father of CHILD 1, CURP#, CHILD 2, CURP#, CHILD 3, CURP#. Do herby give consent and permission for MOTHERS NAME to relocate the aforementioned children to live permanently in the United States of America. I also give permission for the aforementioned children to travel freely with their mothers permission for vacation and education purposes.

Will a simple form like this be sufficient for the K2 process that I assume is concurrent with the K1 interview? I also added wording to avoid problems (with airlines) flying on vacation should we decide to do so. Also, is there a time requirement for this document such as within a month of the interview or can I get it signed and notarized here in Mexico right now as he tends to waiver on his level of cooperation?

2. Making the trip. Our intentions were to take a bus up to Juarez (14 hrs) and cross on foot (actually shuttle or Uber) then fly to AK as not only is it cheaper but also lacks the time restraint of processing through at an airport, presumably Dallas as that long cue that forms and trying to move as a family plus they will all have their sealed packages from the consulate. I don t know if anyone gets turned back but I can t imagine how to handle a situation like denied entry at customs in an airport. However with the added wait for the interview I will most likely fly back after receiving my new passport. In that case it s more cost effective for me to get a round trip ticket and just pay to change the return flight to coincide with them. Depends on the cost but maybe flying from here to TJ and paying the express bridge would be the simplest.

Are there any specific crossing points mandated for this? Does anyone have, or heard of problems with just flying straight to the U.S. for their immigration on a K1/K2 visa?

3. My proof of income. I understand a copy of my taxes will be requested to prove they will not be a burden. Do I just make a copy of my Turbo Tax tax returns I keep on file in my safe or do I need to request something from the IRS? I am retired military so I do report that income, I also receive SSDI which is only partially taxed, but the lions share of my income is from my 100% VA disability which is not taxed at all or even reported on my 1040. Will my proof a receipt be sufficient for these? Also once married, with children my reimburse to rates will increase for the ladder 2 pensions, how do I reflect that increased income for the interview process?

4. Any other advise for this process from Mexico would be greatly appreciated.

Do I still need a joint sponsor/co sponsor if the beneficiary me (has a work permit-DACA) combines income with the petitioner in form I-864 to meet income requirements doing consular visa process?

Hey Guys,

So I am still waiting for biometrics for my spouse but it seems that we may not have anything until after taxes are due. I am hoping for sooner but preparing for delays.

Since my spouse may not have an SSN when I file, I may have to file as married filing separately but would rather file jointly if possible. I looked at form W7 for applying for an ITIN and wondering if any of you have done this or plan to do this for your spouse?

Filing separately has a lower standard deduction and means I wouldn't be able to claim certain credits. I used the IRS website to estimate and filing separately, I will receive a refund but I have received higher refunds in previous years filing single. The IRS tool shows that if we file jointly, I would get back a decent amount.

Do you think it is worth the effort? Also, I have already spoken to the IRS and inquired as to how getting an ITIN would affect the immigration process and they stated that it wouldn't. When my spouse gets her SSN, we just notify them and that is it.

is there a step by step somewhere in VJ? Im reading i have to fill AR-11 form online? but i want to cover all my bases, do i have to file forms for 130, 485, 765 and 131? or with one is enough? if its only one which one should i select?

i don't want to screw it, lol, so thank you all for the help

hi, we are moving from LA to NYC, i will update the address online, but is there any suggestions, tips or challenges anyone encountered? Something i should know before hand? i havent received my bio appointment yet, thank you