ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Questions
QUOTE (thegreatgate @ Mar 25 2008, 10:10 AM) <{POST_SNAPBACK}>
So let me get this straight: You want to marry inside the US but live in Mexico for the next few years? Then maybe once in a while visit to the states? Your best bet is the B2 visa but it is tough to get in certain countries and unfortunately, Mexico is one of them. ...

The best ties are houses, businesses, employment, cars and any other bills. You can also show that you have a bank account in Mexico as well as family. The better the job the better the chance of getting approved. More or less, the more expensive the house is and the higher the bills are, the better chance of getting approved....

Remember me from Yahoo!!! rofl.gif


I had a feeling Mr Yahoo would answer! offtopic45vn.gif rofl.gif

Yes- we want to marry in the US and live in Mx for at least a few more years. Here's the thing- we own multiple travel websites, our largest is a Mexico vacation site and requires us to remain in Mexico for the time being. His mother is also ill and has had 2 major surgeries in the past year- we would really like to stay close to help her and especially in the event things turn very bad, he wants to be by her side.

star_smile.gif We read about the emergency leave for immigrants- would anyone happen to know how long this allows you to remain abroad?

Also for the B2- Since our business is internet based, we were told by lawyers that this will not show adequate "ties" to Mexico. We own land here but the value is not too high- less than 30k. My fiance also works as a Capitan for a major resort, but the lawyer said this is little more than a waiter in the eyes of the consulate and that even though our income is very good, since the majority of the income is in his name it will do us no good since he cannot be his own sponsor. Basically he said our chances for a tourist visa are nada at this time and that we should wait to apply until we have a better chance OR- opt for the k1 visa and get married in the states.

So, this leads me to a few more questions-

star_smile.gif Since our other option would be to remain in the US and go through the immigration process- how long before we can travel out of the states?

star_smile.gif Using emergency leave or advanced parole, how long do these permit you to remain abroad?



Thank you so much everyone- I have had better answers here in less than 12 hours than in $2400 of lawyer time!!!! kicking.gif
NikiJFemaleMexico2008-03-25 13:35:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Questions
My fiance is a Mexican citizen and we are getting ready to file for the K1 visa. We currently live in Mexico and we need to be there for the next few years. We want to have the wedding state-side so my family can be present. However, we are not planning to remain in the states after our wedding.

Is the process for the K1 visa still the same if you're not intending to continue with the immigration process? Also, we would like to find a way for him to visit the states with me after the wedding but we're being told that once we're married, it will actually be MORE difficult for him to get a tourist visa because they'll assume we want to stay.

Isn't there something designed for expats with foreign spouses to visit the states? Or are we out of luck until we start the immigration process and can stay in the states permanently?

Thank you.
NikiJFemaleMexico2008-03-25 01:59:00
K-1 Fiance(e) Visa Process & ProceduresAffadavit of support needed?
Ok, I'm feeling a little more disappointed as I learn more. My fiance and I have been together for 3 years now and our Dr. has now told us we have less than, a slowly decreasing, 5% chance of getting pregnant w/out IVF- a process we cannot begin until we are married- for insurance and more importantly, for religious beliefs of his family (who is having a hard enough time with the idea of IVF -modern marvel to me, but horrifying sin to my new in-laws- go figure...)

Mexico will NOT let us get married because the name differences on my records; although legal in the states, they are not recognized in Mexico (as a disapproving woman in registrars office told me- "women do NOT change their last names from their real father's until they are married." - they would never vote Hillary into office here, you know.)

We previously considered a tourist visa; our lawyer told us not to bother- that we had NO TIES to Mx because our business is internet based, our property is low in value, and I am American- which, according to him, screams, "wants to leave MX!"

So- this leads us to our final option- the K1 visa. Correct me (please!) if I'm wrong and there is another choice here.

Now, if we pursue the K1 visa, according to everything I'm reading in the forums, we absolutely MUST stay in the US following the wedding? Potentially, for several years while waiting for his green card? And even if we try AP, there's a chance he will not be readmitted? Which would leave us at a double loss because, to move to the US for a few years, would require us to all but lose our largest stream of income. Plus, my fiance REALLY feels (and is expected) to be by his mother's side since she is so ill.

Forgive me for sharing so much information but I am at my wits end here. What on earth do people do in situations like this???

Staying hopeful... kicking.gif

Edited by NikiJ, 25 March 2008 - 11:33 PM.

NikiJFemaleMexico2008-03-25 23:28:00
K-1 Fiance(e) Visa Process & ProceduresAffadavit of support needed?
Since we are planning to return to Mexico after getting married under the K1 visa, will we still be required to supply the affidavit of support? If so, when?

I'm slightly confused on this because from what I've read on the boards, the affidavit of support is requested prior to K1 approval, at the interview. However, the USCIS website states it is not requested until filing for change of status after the marriage takes place:

http://www.uscis.gov...00045f3d6a1RCRD
"When do I file a Form I-864 if my fiancé(e), spouse, or child is a “K” nonimmigrant?
If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit a Form I-864 at the time you file your Form I-129F petition. Instead, you should submit a Form I-864 at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."

Can anyone clear this up for me?

Thank you! luv.gif
NikiJFemaleMexico2008-03-25 21:33:00