There and Back Again?

[DerZinker 4]

Hi Everybody!

Ok, so I'm sure this will be the umpteenth time this question has been asked, but I gotta know!

I'm about to embark on the 'Visa Journey' and file the I-130 for my wife of 2 1/2 years. I plan to file via DCF in Mexico.

The original plan was that she was going to come live with me at the very beginning of August (I just recently came back to the US to begin working, and we will have our big 'Church Wedding' in Mexico at the end of July). Then I got to thinking that it probably wouldn't be the best idea to just bring her up on her B1 Tourist visa and then figure it out later.

So thus I have decided to go ahead and file and take advantage of the time we're going to be apart anyway. The big question of course is: if her 'Interview Approval' letter hasn't come through by July or August, what are the chances she can come up as a Tourist while it's still processing for the last couple of months until the thing is ready?

I understand that it's not common that they let you do that, (which is understandable) but what are the odds that I can make that happen?

Has anyone been in the same situation in which they were successful (or unsuccessful) in bringing in their beneficiary on a tourist visa while the big one was pending? Thanks for Sharing!

[DerZinker 4]

Wow I guess this question isn't as common as I thought... 50 Views and No responses? What's Up?!

Well, I finally got ahold of someone at the US Embassay in Mexico City to give me the skinny (after dozens of calls over the course of a couple weeks). He was very helpful and gave me a lot of information about how I could do DCF and what the requirements are etc...

Good news is that I asked him the question in my post here; I asked if after initial approval of the I-130 whether or not my wife would be able to travel to the United States using her valid B1 Tourist visa. He said 'yes,' that they will still honor her valid B1 visa up until her interview for the IR-1 visa in Juarez and let her enter as a tourist, so long as her intent is not to stay and that she can proove ties upon request. Heck, that's no different than when she comes to visit now without having filed the I-130!

Of course I'd like to get more opinions and confirm this with several sources, but I do feel a little more at ease. I thought it was just kind of a gereral rule that once you've filed for an immigrant visa, coming in as a non-immigrant was pretty much no longer an option.

[Gaby&Talbert 1]

Wow I guess this question isn't as common as I thought... 50 Views and No responses? What's Up?!

Well, I finally got ahold of someone at the US Embassay in Mexico City to give me the skinny (after dozens of calls over the course of a couple weeks). He was very helpful and gave me a lot of information about how I could do DCF and what the requirements are etc...

Good news is that I asked him the question in my post here; I asked if after initial approval of the I-130 whether or not my wife would be able to travel to the United States using her valid B1 Tourist visa. He said 'yes,' that they will still honor her valid B1 visa up until her interview for the IR-1 visa in Juarez and let her enter as a tourist, so long as her intent is not to stay and that she can proove ties upon request. Heck, that's no different than when she comes to visit now without having filed the I-130!

Of course I'd like to get more opinions and confirm this with several sources, but I do feel a little more at ease. I thought it was just kind of a gereral rule that once you've filed for an immigrant visa, coming in as a non-immigrant was pretty much no longer an option.

Didn't you ask all of this before?

[Gaby&Talbert 1]

Wow I guess this question isn't as common as I thought... 50 Views and No responses? What's Up?!

Well, I finally got ahold of someone at the US Embassay in Mexico City to give me the skinny (after dozens of calls over the course of a couple weeks). He was very helpful and gave me a lot of information about how I could do DCF and what the requirements are etc...

Good news is that I asked him the question in my post here; I asked if after initial approval of the I-130 whether or not my wife would be able to travel to the United States using her valid B1 Tourist visa. He said 'yes,' that they will still honor her valid B1 visa up until her interview for the IR-1 visa in Juarez and let her enter as a tourist, so long as her intent is not to stay and that she can proove ties upon request. Heck, that's no different than when she comes to visit now without having filed the I-130!

Of course I'd like to get more opinions and confirm this with several sources, but I do feel a little more at ease. I thought it was just kind of a gereral rule that once you've filed for an immigrant visa, coming in as a non-immigrant was pretty much no longer an option.

Yes, it is no different.

[DerZinker 4]

Didn't you ask all of this before?

Yes, it is no different.

Sorry G&T, yes I did ask a similar question in a previous post in this same section Though it wasn't the same thing in that post; beforehand I was just concerned in general about her travelling back and fourth and if it made a difference if I travelled alongside her with us being married and all.

That topic did not take into account the scenario of having filed for an immigrant visa and then traveling as a tourist. I had it all made up in my mind that just the act of filing for an immigration visa would essentailly void a tourist visa, but luckily, it looks like I was wrong

I'm sorry to be redundant, but just like all of us posting here I have a lot riding on this

Can't blame me for feeling insecure!

Edited April 22, 2008 by dhudson

[Chica Yeyé 41]

No blame at all.

Still wondering how do you plan on filing DCF if you do not live in Mexico. It doesn't work that way - no residency for more than 6 months, no DCF. I think you will apply for an IR-1 via Juarez, but not DCF.

[michellemilitza 1]

My fiance and I filed for the K-1 visa in july of last year, and that was when the surge of applications was happening at all of the centers so our process took about 8 months from start to finish so we were apart for a pretty long time. Anyways, if you file for the K-1 visa, it's ok for her to visit you, my fiance visited me while we were in the middle of the process (before we got our NOA-2) and they gave him no problems at customs, since he had a valid passport and visitor's visa. With the K-3/or the other visa's I don't know. You can still technically do the church wedding, you just can't get married legally.The embassy looks at is the "legal" part,and if you decide to do a church wedding just tell your fiance not to mention any of that at the interview, nor show those pictures.......but to be on the safe side save any type of ceremony for after she gets her visa......hope this helps...

[DerZinker 4]

No blame at all.

Still wondering how do you plan on filing DCF if you do not live in Mexico. It doesn't work that way - no residency for more than 6 months, no DCF. I think you will apply for an IR-1 via Juarez, but not DCF.

Hey Len, I could just give up and file normally, but if I do it soon I could totally swing DCF and the chances of any reprecussions would be almost nil. The requirements for Mexico DCF are that one must have a valid work / study permit (aka FM2 or FM3 - Got It) which has my address in Mexico (it's there) along with some recent bills with the same address (Got 'Em). Remember I was in Mexico for three years and have only been gone a short while. My wife still lives at the same address and most of the utilites are still under my name. She will be moving out at the end of the month however.

Many US Citizens who have filed DCF have told me that they sent the papers and left the next day. So it seems that, because I have all the appropriate documents (and then some), unless a USCIS officer comes to our door to verify that I'm there no one really has to know that I left

It's a little bit of a gamble, maybe. Do you really think that's not worth doing? I see more Pros than Cons by trying to go DCF style, but you keep bringing that up and I feel like I'm gonna get in trouble

[DerZinker 4]

My fiance and I filed for the K-1 visa in july of last year, and that was when the surge of applications was happening at all of the centers so our process took about 8 months from start to finish so we were apart for a pretty long time. Anyways, if you file for the K-1 visa, it's ok for her to visit you, my fiance visited me while we were in the middle of the process (before we got our NOA-2) and they gave him no problems at customs, since he had a valid passport and visitor's visa. With the K-3/or the other visa's I don't know. You can still technically do the church wedding, you just can't get married legally.The embassy looks at is the "legal" part,and if you decide to do a church wedding just tell your fiance not to mention any of that at the interview, nor show those pictures.......but to be on the safe side save any type of ceremony for after she gets her visa......hope this helps...

Hi Michelle! Thanks for your post!

I think you may have misunderstood my situation a little bit... But you still answered my question

The Legal wedding is old news and we did that a long time ago. So 'Legally' speaking, we're man and wife here there and everywhere The ceremonial 'Church' wedding we haven't done, which of course is all that's important to the bride!

That makes our case kind of special and unique because I filed for a K1 for her before our 'legal' marriage and before anything else and she was interviewed and approved and the whole bit. But things got a little weird and we didn't use it and it expired. I pleaded with Juarez to give us another shot and they sent us a new interview notice for her, but we had already legally married by that time and so I just figured the K1 wasn't any good anymore and we wern't ready for her to immigrate anyway.

So last summer I wanted to bring her up for a visit and she applied for her tourist visa (she had already been denied the B1 twice before meeting me). Of course they denied her that time too because we were married and had an open K1 case. However, I raised hell at the senate level and with my congressman and by the grace of God the called her two days following the denied B1 and told her to come to the consulate immediately to pick up her visa.

Anyhow, after all that ####### just to get that B1 I just don't want to 'loose' it so to speak. It is sounding more and more to me like we will be ok if I file for the IR-1 and then a couple months into the process she comes up on the B1. I imagine that if I file soon by the time she is ready to come up (August) there won't be too much longer to go, meaning she could just come up and ride it out here while not overstaying an I-94 (typically good for 180 days) but I'm a wishful thinker.

[michellemilitza 1]

My fiance and I filed for the K-1 visa in july of last year, and that was when the surge of applications was happening at all of the centers so our process took about 8 months from start to finish so we were apart for a pretty long time. Anyways, if you file for the K-1 visa, it's ok for her to visit you, my fiance visited me while we were in the middle of the process (before we got our NOA-2) and they gave him no problems at customs, since he had a valid passport and visitor's visa. With the K-3/or the other visa's I don't know. You can still technically do the church wedding, you just can't get married legally.The embassy looks at is the "legal" part,and if you decide to do a church wedding just tell your fiance not to mention any of that at the interview, nor show those pictures.......but to be on the safe side save any type of ceremony for after she gets her visa......hope this helps...

Hi Michelle! Thanks for your post!

I think you may have misunderstood my situation a little bit... But you still answered my question

The Legal wedding is old news and we did that a long time ago. So 'Legally' speaking, we're man and wife here there and everywhere The ceremonial 'Church' wedding we haven't done, which of course is all that's important to the bride!

That makes our case kind of special and unique because I filed for a K1 for her before our 'legal' marriage and before anything else and she was interviewed and approved and the whole bit. But things got a little weird and we didn't use it and it expired. I pleaded with Juarez to give us another shot and they sent us a new interview notice for her, but we had already legally married by that time and so I just figured the K1 wasn't any good anymore and we wern't ready for her to immigrate anyway.

So last summer I wanted to bring her up for a visit and she applied for her tourist visa (she had already been denied the B1 twice before meeting me). Of course they denied her that time too because we were married and had an open K1 case. However, I raised hell at the senate level and with my congressman and by the grace of God the called her two days following the denied B1 and told her to come to the consulate immediately to pick up her visa.

Anyhow, after all that ####### just to get that B1 I just don't want to 'loose' it so to speak. It is sounding more and more to me like we will be ok if I file for the IR-1 and then a couple months into the process she comes up on the B1. I imagine that if I file soon by the time she is ready to come up (August) there won't be too much longer to go, meaning she could just come up and ride it out here while not overstaying an I-94 (typically good for 180 days) but I'm a wishful thinker.

wow i had to read your post a few times because it does sound a little confusing, but I get i now

Good luck with everything and I hope it works out

[Gaby&Talbert 1]

What are the pros of DCF over filing from the US since you are living in the US now anyway? just curious.

[Chica Yeyé 41]

What are the pros of DCF over filing from the US since you are living in the US now anyway? just curious.

Dude, that's pretty obvious. DCF is always -mostly- waaaaaaaaaaaaaay faster than filing in the US.

Dhudson; I am so glad you got that sorted out my friend --- go DCF full force. and best of luck!!!!

[DerZinker 4]

What are the pros of DCF over filing from the US since you are living in the US now anyway? just curious.

Dude, that's pretty obvious. DCF is always -mostly- waaaaaaaaaaaaaay faster than filing in the US.

Dhudson; I am so glad you got that sorted out my friend --- go DCF full force. and best of luck!!!!

Yea exactly. I mean, now that I feel a little more confident about her being able to come in as a tourist while the big one is processing I wouldn't be so grumpy if I had to file within the US. But I figure, I seriously did live down there for a good chunk of my life and meet the requirements for Mexico DCF, so why not make it work to my benefit?

My plan is to get everything together and then FedEx everything to my wife in Guadalajara. She can then add any of the remaining docs (Translated Marriage Certificate, Sons Mexican Birth Certificate etc...) and then ship the forms to Mexico City. While I no longer live in the address listed in my visa and she's about to move out of there, I will list that address as our address and our neighbors can relay any mail we receive from the consulate to us (my wife will still be very closeby for the next several months). Seeing as how the plan now is to have her come in as a tourist once filed, I actually am starting to think that it may actually strengthen our case by filing DCF (if they give us issues upon entry, I can claim that I still reside with her in Mexico using my valid visa and bank account as evidence). It appears that, as opposed to many other countries, they do not penalize those who travel back and fourth to the states who file DCF.

Now, hypothetically speaking, any insight as to what action would be taken if you file DCF and they deem you unqualified to do so? Would they just forward the paperwork to the states or do you think there would be consequences?

Something else occured to me that is a total long shot but is worth trying. Because we have an open / approved K1 sitting in Juarez (in the interview phase), I think I'm going to try calling them to see if there is any way I can get a little help on their side. I'll just tell them that we have since married and see if there is anything they can do for us. It kind of worked before when our K1 expired I was eventually able to convince them to essentially re-issue the approval without having to get in the back of the line. So maybe, just maybe, I can get them to switch it over to a K3 or something? Hey - It's worth asking!

[Chica Yeyé 41]

Yea exactly. I mean, now that I feel a little more confident about her being able to come in as a tourist while the big one is processing I wouldn't be so grumpy if I had to file within the US. But I figure, I seriously did live down there for a good chunk of my life and meet the requirements for Mexico DCF, so why not make it work to my benefit?

My plan is to get everything together and then FedEx everything to my wife in Guadalajara. She can then add any of the remaining docs (Translated Marriage Certificate, Sons Mexican Birth Certificate etc...) and then ship the forms to Mexico City I think when you do DCF you actually have to file in person - I know we had to do it in Calgary, both of us appeared with our I-130 and supporting documents, maybe Mexico is different, I don't know but please double check on this one. While I no longer live in the address listed in my visa and she's about to move out of there, I will list that address as our address and our neighbors can relay any mail we receive from the consulate to us (my wife will still be very closeby for the next several months). Seeing as how the plan now is to have her come in as a tourist once filed Again, be careful with this: she might not be allowed in the US once the filing begins, unless she proves strong ties to Mexico AND also seeing as it is DCF, you shoulhd in theory be in Mexico with her, so please careful with this one, I actually am starting to think that it may actually strengthen our case by filing DCF (if they give us issues upon entry, I can claim that I still reside with her in Mexico using my valid visa and bank account as evidence). It appears that, as opposed to many other countries, they do not penalize those who travel back and fourth to the states who file DCF. DCF filers live abroad together, so I have no information as to this particular one, but it would be subject chances are to the same regulations as non-DCF filers.

Now, hypothetically speaking, any insight as to what action would be taken if you file DCF and they deem you unqualified to do so? Would they just forward the paperwork to the states or do you think there would be consequences? I would think they would just forward your case, or ask you to refile through the US

Something else occured to me that is a total long shot but is worth trying. Because we have an open / approved K1 sitting in Juarez (in the interview phase), I think I'm going to try calling them to see if there is any way I can get a little help on their side. I'll just tell them that we have since married and see if there is anything they can do for us. It kind of worked before when our K1 expired I was eventually able to convince them to essentially re-issue the approval without having to get in the back of the line. So maybe, just maybe, I can get them to switch it over to a K3 or something? Hey - It's worth asking! You cannot switch in between a K-1 and K-3 - anyone tells you different they are lying

See responses in this really cute color. Please please please be careful with all the details. They might seem minor, but they can eff up your application in a snap.

[DerZinker 4]

Thanks Len! say, That IS a Nice Color

Well do you think it would just be better to wait until she's just about to come up here after our wedding in Mexico, bring her up on her B1 and then file the I-130 in the US?

I know that's pretty much a no-no, but what the hell? If it would be safer and more certain that we could be together I could just ship it like the day before she is to enter as a 'Tourist' and then just pray that she gets the 6-month I-94 and that her interview for the IR-1 is ready to go by the end of the six months.

The problem with that is that she wouldn't have the privleges of a Resident (driving, working, studying) for a much longer time and I also would rather take advantage of the time that we are going to be apart anyway since it'll still be 3 months before she comes here to be with me in August.

But if that would better our chances of her being able to get up here I could go for that.

So what do you think? File DCF now or file Normal Later?