Doug Slye

Hi several months ago I asked questions regarding a visitor Visa for my Mexican wife. who at the time was my fiance.  We applied and she has been granted a visa after we married in Canada!  Yea!  Now we are going forward to work on a visitor Visa for her son.  My question is do we need to wait for her Visa and the number to apply for her sons Visa?  What is the process to apply for his Visa?

Thanks!

Doug

On 7/10/2019 at 3:01 AM, Bill & Katya said:

I would think that might be more help if they were actually married.  Instead she is essentially a single woman looking for a B2 visa.

How do they validate marital status if we marry in Mexico?

2 hours ago, Going through said:

I really don't recommend applying for the US Tourist Visa while on a Canada Visit Visa if you're seriously considering this route...

 

If I were a US Consular Officer based in Canada....I'd be wondering how truly compelling are her ties to return to Mexico from visiting the US, when all of a sudden now she's showing she's not compelled to return to Mexico from Canada and instead extending her stay abroad?

To expand more on the situation I will explain the following.  My fiance shares custody with her son's father and he will be spending his time with him until September 15 2019.  She has a court order to be back in Mexico then to take custody of her son.  If she misses that date she will lose custody of him and she can be charged with abandonment and thrown in jail, I think that is a compelling reason for her to return to Mexico.  In addition, she owns several businesses that cater to Americans and those businesses go dead in the summer when the Americans leave Baja when the weather gets brutally hot.  For the past 2 years she and her son traveled to Canada to spend the summer to return in time for school to start in mid -August.  This year his dad has custody until September 15 so we will have more time.  We chose the Vancouver area for her because my business is in the Seattle area where I also own a house, in addition to the house I own in Mexico.  I use the Seattle house about 10 days per month when I am not in Mexico or traveling for work.  I call Mexico home and the states work....I was hoping to do the tourist visa in Canada simply because it will be where she will be in a few days, getting the visa interview from Mexico will be in Tijuana and she has already had a rude interview there and she is intimidated that she will have the same experience again.  Also it would require a trip to Tijuana and then back south to Cabo where she will depart to Canada, since she can not connect anyplace in the States to get to Canada.  When I ask about how to prepare her to get the visa I am asking what documentation that she could show that would help them understand we live in Mexico, I live in Mexico and am a permanent resident of Mexico.  In a few years I will sell my house in the States and move to Mexico.  Our only motive to have a visa for her is to be able to travel and vacation in the States, she needs to be in Mexico so she can care for her son, the father will NOT take him other than on his vacation times when he does not have to deal with the kid going to school and needs help with school work.  Both me and my fiance are completely focused on raising the kid, we just have a court order saying the dad has him on vacation times.

3 minutes ago, Jorgedig said:

You can't prepare her.  She just needs to tell the truth, which, as you've explained it here to us, is that she has a life with you and her son in Mexico and has no desire to immigrate.  Evidence brought to interviews is not always considered.  I'm not sure what the DS-160 looks like these days, but also be truthful there.

OK thanks for the help and for listening!

1 minute ago, Going through said:

Yeah, if she has no intent to actually immigrate, then a B visa would best suit her needs---have her apply and find out.

I need help in preparing her to answer the questions of the interviewer so they fully understand we have no intent of her staying in the States.  I have no intent to stay in the States.  We just want to visit.  What can I do to produce the confidence that she is NOT going to stay?

Just now, Doug Slye said:

I need help in preparing her to answer the questions of the interviewer so they fully understand we have no intent of her staying in the States.  I have no intent to stay in the States.  We just want to visit.  What can I do to produce the confidence that she is NOT going to stay?

What kind of proof would be helpful for them to see this picture?

2 minutes ago, Jorgedig said:

But you want to bring them both on a K visa, right?

No I just want to bring her up on a visitor visa...we have no intent for her to immigrate.  We have given up working with the father for any visa for the kid.

Just now, Going through said:

I'm just curious....why were you advised this?  Not being snarky, serious here---if the ultimate plan is to live full time in Mexico, and you already live in Mexico now with her....why does the marriage need to take place in the States?  What is the (perceived) benefit to this, as was presented to you by whomever gave you that advice?

I have been working with a Visa Coach in San Diego and that is what he recommended.  As for getting married in the States I was told it was faster to process the Fiancé visa that a spousal visa.  I was told it was just the best way to go....but a visitor visa seems to me what we need, she has no need or intent to immigrate to the US. 

1 minute ago, Jorgedig said:

Then I can't see how it will work to petition them as K1-K2 unless she is willing to leave him behind.  And it makes sense.  Who wants their kid to be taken to another country to grow up?  I would never have consented to my ex moving my kids to England, where he was from.  No way, not ever.

The shared custody agreement is he has him on summers and that is when she would want to visit the States and escape the heat in Baja.  She has him in the school year since she is more responsible and makes sure he is doing his school work.  We have given up trying to bring him to the states on a visitor visa.

Just now, Jorgedig said:

 

Does she share custody with her ex?  How old is her child?  She won't be able to bring him as a K-2 without the father's consent.

 

Probably better to wait until the son is 18, or plan for you to live in Mexico. 

The kid is 10, and they have shared custody.  I already live in Mexico and have permanent resident status there.

Just now, Going through said:

Perhaps better then to move to Mexico to be with them....and have your family fly down to visit her.

We have our home in Mexico...I live full time in Mexico and travel north and work until I retire.  Yes my family visits us in Mexico.  We would just like her to be able to come north to visit and enjoy vacations in the States sometimes.

2 minutes ago, Going through said:

With an American fiancee, she's going to have to prove compelling ties to return to Mexico...right now you are a very strong tie to the US...and any CO is going to naturally presume that with a US fiancee her intention will be to travel on the tourist visa, marry you, and adjust status from within the US.

 

That said, she can definitely try and hope for the best.

 

Yes it may raise a few issues.   If she is not a resident of Canada she will likely face additional scrutiny with her application.  If she's visiting Canada it's also possible that she won't have the necessary documentation with her anyway. It is also possible that she won't be able to obtain an appointment for an interview before she has to leave Canada.

 

 

 

 

 

What documentation would she need to bring?

Would it be better to just marry in Mexico and then attempt the visitor visa?

2 minutes ago, ElDiablo said:

Engaged for 4 years lol what does that even mean.. why bother getting engaged If you never going to get married.. poor woman.

We have been in a battle with her sons father to get them both into the States using a fiancé visa he is refusing to allow him to leave Mexico and she refuses to leave him in Mexico.  That said we would marry in a second in Mexico but we have been advised to wait and marry in the States.  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.  I am just looking for help on ideas that might help in that regard.  

6 minutes ago, Going through said:

What was the reason for denial the first time?  If her personal circumstances haven't changed since then, might be facing a 2nd denial.

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?

6 minutes ago, Jorgedig said:

No.  There is no affidavit of support or sponsorship of B visas.  Of her ties to Mexico are no stronger than last time, she’ll likely be denied again.

She owns property there now and it is our primary residence.  Her personal funds are held in a Mexican bank.  She operates business there now.  Her son lives in Mexico with his dad. 

Hi I have been engaged to a Mexican lady for 4 years and would like to bring her to the States for a visit.  We tried several years ago and she was denied.  We co-own property in Mexico and she has several cottage businesses that she runs and can show plenty of funds to cover her travel costs.  During this trip she will decide if she wants to go through the process of the Fiance Visa, but we really just want her to be able to travel to the States to visit my family since our primary residence is in Mexico.  Is there any strategy that would help getting her a Visitor Visa approved this time?  Would a affidavit of support help?

It should also be known I have my permanent Mexican Residentancy. We have no intent to live in the States long term. 

Hi I have been engaged to a Mexican lady for 3 years.  I own a house in Mexico where she and her son live.  She owns property of her own in Mexico and her son attends school in Mexico.  She is single and never married.  She has no documented work in Mexico though she works with her mom and sells cosmetics and clothing from her facebook page.  She has plenty of money in her bank account that she has earned from her work.  The son and her have a passport and both her and the son have traveled to Canada on two occasions and returned to Mexico after my family traveled to Canada to meet them.  We would like to get married in the US but the process is taking a long time due to conflicts with the sons father.  I would like to marry this women and bring her and the son to the States for visits until I retire in Mexico.  We do not want her to immigrate to the states but just visit.  Several years ago we attempted to get her a visitor visa but it was denied due to her being single, with no documented job or home in Mexico.  I have since started a Mexican Corporation that she is listed as 50% owner, the corporation will hold the deed of the home that I own, so she will now show ownership too, she will be working under the corporation now also, so should show employment.   Does anyone see a reason why they would be denied a visitor visa if she is married to a US citizen and we were married in Mexico?  I do not want to get denied again since it will damage our chances in the future if we want to go for a CR1 visa in the future.