mixtedee

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.

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.

Business doesn't really fit. It's a float spa & yoga studio, so very much a local business. It would be nice if he could come up to an annual conference, but the real motivating factor in seeking a visa is to take some of the travel burden off of me in our personal relationship. 

I am disheartened. Reasons for tourist visa seeking/denial haven't changed. The visa was and is to come visit me so I don't have to go there all of the time. However even if he were granted the tourist visa in a future application, he could be denied entry absolutely any time he comes to visit because visiting your girlfriend would be viewed as a high risk of overstaying by CBP. Now I'm learning that even getting married won't solve it, since (oh the irony) we have no intent for him to live here.

Am I really looking at another 5 years of travel, and even if we get married & I move there, he wouldn't necessarily be able to travel back to the US with me for any reason?

5 minutes ago, Paul & Mary said:

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Note that the CR1 is an immigrant visa and he has to have plans to immigrate. Basically more than half of the first 2 years needs be spent in the US. I agree that the B1/B2 seems like a better fit but he has to show ties to Mexico and that can be hard to do.

 

 Ugh, we don't have any plans for him to immigrate, nor spend even 1.1 of 2 years in the USA...so CR1 is out. I suppose K1 is the same? We don't have any intent for him to move and/or work here. 

So what happens when we get married? Will it even be possible for him to get a visa since there is no intent to immigrate, and B1/B2 isn't for a spouse, right? 

As for the business, it's entirely in his name. I put in some capital, and I help with the website, social media, and advertising. But legally I have zero ownership of it. Which could help or hurt as pertains to visas, but it is what it is.

I have read about DCF but it requires residency in Mexico. My residency is in the USA. DCF would be the best option hands-down when I eventually move to Mexico, but that's at least 5 years down the road. While marriage would enable receipt of temporary residency, and while permanent or temporary residency card is required for DCF filing, it seems they also require evidence of actual residency. Otherwise it'd be possible to simply get married in Mexico, get temporary residency card, submit DCF for CR1 and be done with the whole thing in a few months.....and it can't just be that easy, right?

Marriage to Mexican citizen:

As a foreigner married to a Mexican citizen, you can apply and receive your temporary residency right away by providing proof of the marriage and proof that your Mexican spouse can financially support you here in Mexico.

The married foreigner will receive one year of temporary residency; the residency will be renewed for a second year. Upon renewal, in the third year, you may apply for either permanent residency which never expires, or you may wish to apply for Mexican citizenship.

I-130 requirements @ USCIS Mexico City

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• Permanent/Temporary Resident Card issued by Mexico
• Instituto Federal Electoral (IFE)/Voting Card

• In addition, other evidence of residency may include, but is not limited to:

• Passport entry stamp
• Residency permit or card
• Utility bills
• Housing lease
• Work contract or other employment documents
• Proof of local registration
• Military orders
• Bank statements
• Proof of school enrollment
• Vehicle registration
• Valid local driver’s license
• Tax documents
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

My partner lives in Mexico, and we've been together for over 5 years now. In that time, we've built a business together and are currently in the process of purchasing a lot to build a house together. I travel down to visit him & check in on the business about once every 4-6 weeks. Eventually I'll move there, but I still have 2 children in school and still have a full time job based in the US which is why I stay here most of the time. While I enjoy the travel & in some ways it is necessary for the business, it would be a relief if sometimes he could travel up here to visit me.

Last year he applied for a tourist visa, said his plan was to come visit me for 1 month, and was denied. I can't recall the exact verbiage but along the lines of the immigration official didn't believe his intent lined up with the purpose of the visa. We've been waiting for time to pass before he reapplies, and I'm worried about making a wrong move that limits our future options.

Tourist visa really lines up with our current intent. I will continue to travel down to Mexico and just want some flexibility so he can come up here too. I am concerned that 1) if he applies again for tourist visa and is denied, it could make getting a fiance or spouse visa more difficult or even impossible and 2) even if he were to get a tourist visa, I am worried he'll be honest (as required) upon US entry about visiting me and be denied. In fact one of our yoga instructors who has been to the US many times was very nearly denied entry this past spring when coming to study at our local affiliate school. 

After 5 years together, in spite of being in different countries, we are absolutely committed to each other and marriage is out there in the future. We *want* to get married, but we don't want to *have* to get married in order to be able to come and go between both our countries; however if that ends up being the reality, that's what we'll do. 

So should he try for the tourist visa? Are the risks too high that he'd be denied & it would negatively impact a fiance or spouse visa in the future? Or if he does get it, will he even be able to come visit me? Or should we suck it up and get married to please immigration (again even though we want to, having it imposed feels tainted in some way)?