she's in mexico, but has a tourist visa....

[bufalo 0]

Thanks in advance for any help as this is confuuuuuusing.

Here's the deal: He's US citzen in US, she's Mexican in Mexico. They were married 2 months ago in Mexico. He wants to bring her to the US to live. She already has a US tourist passport.

He can live in Mexico for 6 months then DFC or

He can fill out the paperwork in the states and wait forever while she's in Mexico

BUT! my questin is this: If he requests her from the US does she have to give up her tourist visa? As in while during the waiting process she comes to the US to visit him, making sure not to overstay her tourist visa, can she do that while waiting for her permanent papers to come through? This is not coming as a tourist with intention of marrying (which is illegal), but her still "living" in Mexico while physically here on "vacation".

Any ideas?

Thanks again!

[imaisha 0]

http://www.visajourney.com/wiki/index.php/...cess_Is_Pending

[Carlawarla 1]

Thanks in advance for any help as this is confuuuuuusing.

Here's the deal: He's US citzen in US, she's Mexican in Mexico. They were married 2 months ago in Mexico. He wants to bring her to the US to live. She already has a US tourist passport.

He can live in Mexico for 6 months then DFC or

He can fill out the paperwork in the states and wait forever while she's in Mexico

BUT! my questin is this: If he requests her from the US does she have to give up her tourist visa? As in while during the waiting process she comes to the US to visit him, making sure not to overstay her tourist visa, can she do that while waiting for her permanent papers to come through? This is not coming as a tourist with intention of marrying (which is illegal), but her still "living" in Mexico while physically here on "vacation".

Any ideas?

Thanks again!

Her tourist visa as long as she hasn't been issued her marriage based visa yet, is still good, so yes, she can come visit while the marriage based petition is in progress. I don't think she'll be waiting "forever" to get the visa either. I thought Mexico residents were fast tracked a bit. I may be wrong. Like the above poster has provided in their link, she'll still require ties to Mexico when trying to cross the border, and it will be up to the discretion of the border officials. I would suggest that even applications and acknowledgments from USCIS that they've filed and the process is now ongoing is one tie to show the border officials if asked.

[bufalo 0]

Sorry for getting back late, but thanks for the info. Turns out she's going to stay there and he'll petition her from the states and visit her now and then. I'll post back what happens about whether or not she can come to the states to visit him using the tourist visa.

[YGandMAT 0]

Sorry for getting back late, but thanks for the info. Turns out she's going to stay there and he'll petition her from the states and visit her now and then. I'll post back what happens about whether or not she can come to the states to visit him using the tourist visa.

If she already has a tourist visa, she can definately come to the US and visit her husband. There is no problem with that, as long as she doesn't overstay the permit they give her.

[bufalo 0]

thanks for the info, the reason I wasn't sure is that - now this is a totally different case so I don't want to confuse - but my wife and I were in a similar situation, she's colombian

She had a US residency but since we were living in Colombia, we wanted to change it to a US tourist visa. In order to do that she would've had to hand in her residency first, then try the tourist visa. If they denied it she would've been screwed big time -so we had to move to the US, get the ciitzenship, then we're leaving.

thanks again!