CherylandJavier

In our case, we filed the I-751, my husband, the LPR (conditional) received a biometrics date, which he attended. About a week or two later, he received a letter extending his 2 year conditional residence with instructions to carry a copy of the letter with him at all times in case he is asked for his conditional resident card. Apparently, the letter giving the year long extension is so that they have time to process the actual ROC. I understand that he will get an interview date sometime over the next year and that they may request additional evidence. Is this pretty much how it goes with everyone?

If he's Mexican, he's probably an EWI...

Maybe he is, but there are many many Mexicans undocumented who entered legally and are now out of status.

I'm with you. I met mine at work too, and he's wonderful. In fact, he's a better citizen than most citizens. He's the neighbor who comes outside to help you with your yardwork or move furniture, or just stops by to say hello. The citizen's here would rather have him for their neighbor than most Americans who couldn't care less about the person living next door. It's true, most EWIs here are not like that, Many here are taking advantage of our system, but there are the few that really give back a whole lot more than they take, and it's really not anyones job other than the good Lords to judge that person. Everyone has their own situation and reason for being here, even our ancestors did. I'm for immigration reform, but I would like to see it done with an inch of caring and concern for the situations that lead these people here.

Are the waivers for a Mexican citizen - EWI more than 365 days difficult to obtain? Would it be smarter to just hire an immigration attorney? We're still trying to decide on getting married and file K-3 or CR-1, or go the fiance visa route with K-1. Not sure which will be better at this point. Any advice?

Sorry to hear about this. I think the first problem is there was no explanation about the father being the US - a crucial detail. Also, since there wasn't a true "emergency", I would suspect the fact that they went to ask for an emergency visa meant there was more scrutiny - just a thought.

In order to know if you have lost a regularly scheduled interview date, you would have to call them and find out. You will have to pay the application fees again.

Most embassys deny tourist visas because the applicant has not sufficiently proven intent to return home. You can always try again - there is no law against that. If you research tourist visa denials, you'll find some advice.

Lastly, you may want to call American Citizens Services directly at the embassy for advice - much better to get information directly from them than from the Mexican consulate in the US (they have NOTHING to do with US tourist visas and gave you wrong information).

In the end, the best solution may be to petition for them as part of your K1.

Good luck.

I think you're right. I really thought that all along, but when I spoke to the American Consul at the Mexican Embassy, they gave us so much hope. Talk about a huge let down. And if they are denied again, I don't think they'll want to try again considering how they were treated last time.

Thanks, Cheryl

I invited my fiance's two children to the U.S. for a 2 week visit while they are out of school on Christmas break. I contacted the Embassy, explained that the children really wanted to come for Christmas and my family and I really wanted to have them as guests in our home. I didn't explain anything about their father being here in the U.S. , and didn't intend to (on the advice of the Mexican consul here) unless asked directly. The American consulate advised us to ask for an emergency visa, to get the kids here during their break, which I did. When the kids got to the embassy, they had to wait for 6 hours until their numbers were called and within minutes, their visas were denied, they were told they were lying about why they wanted to be here, and thrown out, because their father is in the U.S. without a visa. They were humiliated in front of other people, and called liars. I was devastated to hear the news. The kids were so excited as were mine and our family, just to have them visit for a couple of weeks. All this happened 2 days before Christmas. As an active duty military member, I provided the embassy with military JAG notized documents of my invitation, of my pay, of my ability to safeguard the children and return them on the scheduled day, but the embassy would not even look at the packet. A friend of mine in Mex said the embassy was denying legitimate visa requests for reasons that to me seem absurd. Her sister was denied because she is divorced. The childrens mother told the interviewer their dad was not here in the states, out of fear that the kids would automatically be denied their visa. Where do we go from here? Do we try again? Have we lost our regularly scheduled interview date because they were seen on an urgent basis or because it was denied? Has this ruined the kids chances of coming for a quick visit on spring break or during the summer? I have no idea where we stand on just having them visit and return to Mexico? If they are allowed to go to their regularly scheduled visa appt (which I'm afraid it's no longer a scheduled appt), should I fly in and accompany them in uniform, or will this make no difference? Also, when the kids left the visa interview, they had all their paperwork with them, the interviewer took nothing (nor did he ever look at it). Someone please give me some insight on what we do now. It is a very legitimate and HONEST request to have two children visit and return to Mexico. No one wants them to stay, they don't want to stay, they just want to visit. We are not trying to hide the fact that their father is here, I think their mother was just confused, afraid and intimidated at the time. Thanks.

I don't have an answer for you, but am wondering why you are having problems getting the K-1. Were you in the States illegally when you met your husband? If so, I have some questions for you concerning my fiance who is in a similar situation, and about to return to Mx after we initiate the application for K-1. He's from Vera Cruz.

I will be watching your post to see what answers you get back, I'm very interested to know what people have to say to this and I wish you the best of luck.

Cheryl

Thanks. I guess I do have a lot more work to do, huh? I think I'm going to have plenty of time to research this well. One question, though... if we were married and did go for the K-3, would he need to leave immediately? or could he wait for the interview notice? Or if we went ahead and filed for the K-1, could he stay here until the interview notice?

He came to the U.S. "uninspected" (that term kills me, haha). There is no status, so, yes, there's our dilemna. I called an Immigration attorney in my state today, he was kind enough to talk to me over the phone for no charge, but basically, he says he thinks the K-3 is probably the best route considering the circimstances, whereas normally, a K-1 might be. He says the wait times right now are about the same either way.

Meauxna's comment on your lawyer is right on. He did not give you very accurate information and it seems he left out some very important details. Right now in Ciudad Juarez (the only location in Mexico that processes spousal or fiance visas) wait time is more than one year for a spousal visa interview - CR1. While K1s have been delayed in terms of the processing time due to the IMBRA fiasco, a K1 visa does not require an interview appointment in Ciudad Juarez which means as soon as processing is finished here, he can go for an interview. It usually takes about 6 months from initial I129F petition submission until the interview.

The bigger issue is the fact that he entered without inspection. If he has been in the US for more than 6 months, he will be facing a 3 year ban. If he has been in the US for more than 18 months, he will be facing a 10 year ban. But since he cannot adjust his status in the US because he entered illegally, he will be required to leave to attend the interview in CDJ and the very act of leaving the country is what triggers the ban (very backwards law in my opinion). His illegal presence in the US means any type of visa will be denied and he will be required to file a 601 waiver and you, as his fiance or wife and the USC, will need to write a letter detailing the extreme hardship you would face if his visa is ultimately denied and you, as a result, are forced to live permanently in Mexico in order to be with him. The good news it that waiver approval rates in CDJ are extremely high. The bad news is that is takes 6-8 months after the visa denial for waivers to be approved and then another 7-8 weeks for a visa pick up date. During the time, from the intial denial at interview until the visa pick up date, he needs to stay in Mexico - if he re-enters the US by EWI, he will face a lifetime ban.

I would also strongly recommend checking out I2US as well as scheduling a phone consultation with Laurel Scott. At $75 for a half hour, it's money well spent to get a really good understanding of your situation and options and make a well-educated decision.

Good luck!

He came to the U.S. "uninspected" (that term kills me, haha). There is no status, so, yes, there's our dilemna. I called an Immigration attorney in my state today, he was kind enough to talk to me over the phone for no charge, but basically, he says he thinks the K-3 is probably the best route considering the circimstances, whereas normally, a K-1 might be. He says the wait times right now are about the same either way. First, though, I need to check with JAG to see if there are any reasons I could be held accountable for having married, or even dated someone here illegally. I'm just not too sure at this point, anything can probably be argued as "unbecoming", and I really don't think anyone in my chain of command would care, but you always have to consider the worst case scenario. If for some reason I were deployed to the border under this new program for securing it, how would that affect my position or my authority? Good questions that cannot be known until it actually happens, I guess. Or another one, how would affect a secret clearance, or a Top Secret? Just other things to consider. I don't even really want to go to the JAG here, because I don't want to draw attention to myself, and everyone knows everyone. Not to mention, we're here in the South, so there aren't many people who are "middle of the road" on the immigration issue. It's like being Democrat or Republican, you either believe here that something positive needs to be done to help those already here without encouraging others to cross, or you think we should round them all up and send them back where they come from and set up booby traps across the border. That's the mindset, it seems, anyway. So, next call is to a JAG attorney. But any advice or shared experiences, other things to think about, or just plain encouragement are more than welcome. Sorry to "think aloud", this post is more rambling of thoughts than anything else. Take care.

Well, an uninspected entry (EWI) means that you will not be reading info here that really applies to your situation. There is an excellent forum specifically for cases like yours (with a lawyer's help) here: http://www.immigrate2us.net/forum/viewforum.php?f=26

As for as what to tell JAG, or not exposing yourself, I can understand your concerns. You know more about all that than I, so use your common sense (don't ask, don't tell).

I'm not sure the lawyer you spoke with gave you an accurate answer. You should plan on doing A LOT of research on your own, and be prepared to speak with several lawyers. You need someone like Laurel Scott (at the group above & also her own site w/a free chat on Wednesdays) who specializes in these situations. It is possible to do on a K-1 fiance visa.

(basically what happns is that you petition as usual, he applies for a visa as normal and is denied. You then immediately file a waiver to overcome his inadmissibility and wait for that to be approved. When it is, THEN a visa can be issued. He will have to leave the US for this, but not immediately, and not without a lawyer's supervision. A wrong step can keep Javier out of the US for good)

As for your clearances, now or in the future, J and his history will come up. I don't know how it might affect you, but I know others here have had TS clearance and kept it, even after marrying foreign nationals from much less 'friendly' nations. Their processes took longer, but you don't already have TS, so cross that bridge when you get to it. Once the waiver process is over, he is "re born" anyway and past behavior cleared. About the conduct unbecomming, maybe sniff around online for other military who've faced the same issue and keep it on the downlow for a bit. I can guarantee you're not the first--others will share their experiences.

You don't *have* to go to JAG just yet. From what I've read here, they're often barely willing to help with regular immigration cases. Again, you need specialized help. The I2US board is a great collection of folks who have been down exactly your road and they can point you to the resources you need. The good news is that Mexico has a high rate of approvals for this type of waiver.

Good luck; I'hope you'll document the answers to some of your unique questions to help others in the future. We'll be eager to hear of your success.

This has been the most in depth response I've had yet, and I can't tell you enough how much I appreciate it. It will take me a few days to get into the research as I'm swamped with work and school. I'll document everything! I hope it is as helpful to someone else! This is very encouraging.

I found nothing on here referenced as JAG, but I am active military as well, and although I have not been to the JAG on my issue, I will at least talk to them this week concerning K-1 vs. K-3 visa. My understanding (not researched thoroughly enough) is that if you are stationed overseas, you have the option to file DCF which is supposedly much faster. You get married, file, bring your spouse back to the states and do all the necessary paperwork here. But I could be wrong. Then if you are CONUS, it is my understanding that you get no special preference, but it couldn't hurt at all to put it on the cover letter. Someone might have a soft heart and who knows... Good luck!

My novio and I are trying to decide which type of visa would be the quickest and easiest. We could wait till he goes home for visit and file K-1, or we might be okay to marry here (currently has no visa), even though we're not supposed to and file for K-3 or CR-1, or what about the IR-1 visa? Or what about marrying in Mexico (on a vacation) and file DCF IF they don't require residency? I know once he goes back, and we file, he will have to stay till the V is approved. I will have to remain in the states, as I'm active military. This is very difficult to be separated so long. What's our best bet? Any suggestions? I don't want to risk court martial, either, although I'm sure there are others in my shoes and not sure what stance the military would take. I hope to hear from someone in a similar situation.

hola Cheryl,

Joel gave you some great info--I have a bit more that might help.

First, to file DCF in Mexico, the USC must have a Mexico FM-2 or FM-3 visa. Since you don't, may as well let that one go.

The other reason to let go of that, and any other IV/Immigrant Visa (CR/IR) option is timing. The wait for one of these interviews, in Mexico (DCF or no) is nearly one year. That does not include the peition time in the US, or the visa preprocessing at the NVC.

For Mexico, a K-1 is always going to be "fastest". Fastest isn't always bestest, but I'll bet in this case it will be.

The biggest red flag in your post (besides the court martial you mention---would appreciate you expanding on that later) is where you say he 'currently has no visa'. If your fiance is in the US right now, how did he enter? The answer will dictate what is available to you, options-wise. My main caution to you at this moment wouild be to NOT let him leave the US until you two know more and have a plan. If he entered without inspection (snuck in) you have a bigger fish to fry first.

Post back with some more information on his current status in the US and how he got here.

He came to the U.S. "uninspected" (that term kills me, haha). There is no status, so, yes, there's our dilemna. I called an Immigration attorney in my state today, he was kind enough to talk to me over the phone for no charge, but basically, he says he thinks the K-3 is probably the best route considering the circimstances, whereas normally, a K-1 might be. He says the wait times right now are about the same either way. First, though, I need to check with JAG to see if there are any reasons I could be held accountable for having married, or even dated someone here illegally. I'm just not too sure at this point, anything can probably be argued as "unbecoming", and I really don't think anyone in my chain of command would care, but you always have to consider the worst case scenario. If for some reason I were deployed to the border under this new program for securing it, how would that affect my position or my authority? Good questions that cannot be known until it actually happens, I guess. Or another one, how would affect a secret clearance, or a Top Secret? Just other things to consider. I don't even really want to go to the JAG here, because I don't want to draw attention to myself, and everyone knows everyone. Not to mention, we're here in the South, so there aren't many people who are "middle of the road" on the immigration issue. It's like being Democrat or Republican, you either believe here that something positive needs to be done to help those already here without encouraging others to cross, or you think we should round them all up and send them back where they come from and set up booby traps across the border. That's the mindset, it seems, anyway. So, next call is to a JAG attorney. But any advice or shared experiences, other things to think about, or just plain encouragement are more than welcome. Sorry to "think aloud", this post is more rambling of thoughts than anything else. Take care.

Also...

Do you need a vaction visa as a US Citizen to visit Mexico? I live in Phoenix and we go all of the time as the boarder is only a little ways (couple hours) south of my house. No, I don't need a visa for MX, only a mil ID or passport (have both).

As for timeline for each of these...they are comparable to each other. I have heard that the order of speed is K-1, K-3, then CR-1...however, that is only rumor on my part. With the research I've done, I am thinking K-1 is the best way to go. I am seriously wondering what the IR-1 can do for me, if anything, since I am not stationed in MX. But if I can fly into Mex for a week, marry and file DCF, wow, talk about express service, at least that's how it seems by what I've read. I am also seeing where some people are writing that K-3 seems to be going faster than K-1. Does it depend on the consulate or embassy handling?

I do have some advice. Relax. A court martial does neithor of you any good. If this is the person for you then it is forever...this wait is for only a short period of time. It is easy for me ot say that as I am almost done with my 'time away' from my sweetheart. Here are some things you should think about as you research what you wish to do. Where are you in the US and where is she in Mexico? (I'm mid South, HE is Vera Cruz) Is it easy to fly in and out for week/weekend trips? (Not too often, but prob would be doable every 3 mos or so). I dated a girl in Mexico for some time and this is how I did it. I flew from Phoenix to Montery at least once a month. Sometimes more. Since you are in the military how realistic is it that you will be deployed out of the USA anytime soon? Not really a concern at this time and if it happens, probably only 6 mos.. What are the realities of your job in reguards to marriage? Very conducive to marriage and family i.e. do you live on base No, off base, what are military rules for spouses vs fiance, etc. The only thing I have seen that I might need to check with JAG on is filing for permission to marry before I start the process What kind of wedding do you guys want? Simple, private, not the first for either What does she think about marriage and getting married (ie what is her ideal for timing of a marriage)?He thinks the same way I do, prefers simple and private, says he can deal with deployment and PCS when it happens.

Thanks for the response, it is nice to be able to get some outside perspective. You are right, courtmartial will do neither of us any good, and I have a great career going for me. I won't do anything to jeopardize that, but really would like to know my options and the reality/consequences of each.

My novio and I are trying to decide which type of visa would be the quickest and easiest. We could wait till he goes home for visit and file K-1, or we might be okay to marry here (currently has no visa), even though we're not supposed to and file for K-3 or CR-1, or what about the IR-1 visa? Or what about marrying in Mexico (on a vacation) and file DCF IF they don't require residency? I know once he goes back, and we file, he will have to stay till the V is approved. I will have to remain in the states, as I'm active military. This is very difficult to be separated so long. What's our best bet? Any suggestions? I don't want to risk court martial, either, although I'm sure there are others in my shoes and not sure what stance the military would take. I hope to hear from someone in a similar situation.