Applying for K-1

[JMCM 0]

My BF and I are considering getting married in the future but do not want to be separated for months on end. I lived in his country for almost a year and have no real desire to return there and I have a dog now which would make it extremely difficult now anyway. He has a 10 year Multi-Entry USA tourist visa and we were thinking of going to Mexico while filing the K-1 and waiting it out there, with possibly visits home to the USA during this time.

Of course not sure this is even possible. Several issues:

Can I even apply for K-1 with us both in Mexico? I can fly back and forth when needed but his travel would be a bit more difficult.

Since he has a valid US visa he can enter Mexico anytime (when entering directly from the USA but not his country) and he receives a 6 month stamp. However, if we were to try to visit the USA and get turned away at the border (a posibility since we are in the process of K-1 I would assume) then they would void the USA Visa and he would not be automatically granted admission to Mexico. Passport holders from his country require a Mexican visa unless you have a US Visa. If his US Visa is cancelled not sure what would happen then if he tried to re-enter Mexico.

Has anyone tried this before or know if it is possible or should we just consult an Attorney to be on the safe side?

[canadian_wife 1,808]

If you are currently in his country, why not file from there? Why do you need to go to Mexico? How will you two work and meet the poverty guidelines?

good luck

PS - to answer your question, many coulples file from a 3rd country. However, he legally has to be a resdident of that country to interview there. If he is not a Mexican resident, he will have to return home for the interview

[JMCM 0]

We are currently in the USA. After spending more than a year in his country I do not wish to return. The dog complicates things also. I can freely travel to Mexico with the dog but it is more difficult going to his country. Anyway, as some background info, we have been together for a couple of years total both here and in his country.

He is leaving to go home (to his country) in a few weeks and will come back in June for a couple of months then we will go on holiday to Mexico for a few weeks in August. If we are still thinking marriage at this point then he will go back to his home country and start the process selling his home and business and cars. After that is complete then he will fly back to the USA for a month or so before heading to Mexico to start the K-1 process. - wow, that sounds really complicated!!!

Meeting the poverty guidelines are not a problem, we are probably much older and as such a bit more established than many on the website here...

So we can file in Mexico? or the USA while staying in Mexico? but he would need to return to his home country for the interview? Is that correct?