if my fiance doesn't want a green card?

[Rocio 0]

Not only would it be easier, but you would be one less clog in the already clogged K1 lines.

I would think you'd have a really good chance at getting him a tourist visa to travel back here with you one day to meet the family. He'd be in a better position then - the spouse of a US citizen (esp. if you're traveling together) - than he is now for the tourist visa.

in order for an american citizen to marry a mexican in mexico, the us citizen needs a document it is not a visa it is like a permision given by immigration services, that takes about 15 days to get and the us citizen must be in mexico to get it, the cost is about 200 dlls and depending on the state where u will get married the cost for a marriage licence (civil wedding rights) would be about 200 dlls more, so no its not cheaper.....i check all this before for veracruz cos we were planning a wedding in mexico but then we just decided to apply for k-1 visa cos we would be living in the states.......

whats your point? the fee for K-1 is compairable 165 < whatever the current fee is > & cloging up the system time. then you gotta get the wedding, cake and blah blah blah..

there is no point just giving the missing information to have something to compair, or know what would be their other option.........

[PAgal 0]

Allow me to calm you all down . . . I have met him. Without telling you our entire life stories, I have been living and working in Mexico for the past 5 years, so yes, we've met many a time. And, yes, I submitted lots of evidence of that. My apologies to those who feel we're clogging the system. Can't please everyone. Thanks to those of you that have actually answered my questions.

let me ask this Pagal did you meet him???????????????

some people think they can apply for a K-1 visa and never met

this is smelling like that possible situation!

[Traviesa 0]

Couple thoughts...I think a wedding in Mexico will be your best bet. TALK to the local Migracion office about your Permiso...some people say it takes 3 weeks, the one in Michoacan is going to give us ours the same day as long as we have everything (all documents) together and correct. Have your family down for the wedding and then at a later time, work on getting a visitor's visa for him to come up with you.

[JenT 0]

I'd still have a plan B... he's already been denied a tourist visa 3 times... The USCIS will have that history and there's no guarantee for the K1. If you're in no rush to get married, might as well continue your K1 process, since you've already filed and spent the money.

Good luck!

[rob&ana 0]

She's going thru the Vermont Service Center, it will be fast, and I dont think that would clog the system (since Vermont is not clogged anyways).

[TracyTN 237]

Yet still I ask - isn't this scenario a bit against the point of a K1 - which is to marry and SETTLE IN THE US. I'm not sure if that would qualify as misrepresentation or not.

I can understand (sort of) if there were no other options available.

[JenT 0]

Yet still I ask - isn't this scenario a bit against the point of a K1 - which is to marry and SETTLE IN THE US. I'm not sure if that would qualify as misrepresentation or not.

I can understand (sort of) if there were no other options available.

This is a direct quote from the USCIS website about the K1:

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.)

So TECHNICALLY, there is no reason why a K1 could not be applied for in this case.

Jen

[rob&ana 0]

TracyTN

In some countries it’s SO difficult to obtain a tourist visa. I can relate to PAgal, because Venezuela is one of those countries. You have to prove certain income, and certain assets, and a whole bunch of ties to your country in order to obtain a visa. I also understand your POV. I guess PAgal should look into that in order to find out if it would be considered fraud or not.

JenT

Wow girl you're good!!!... LOL

Edited May 18, 2006 by rob&ana

[TracyTN 237]

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.)

So TECHNICALLY, there is no reason why a K1 could not be applied for in this case.

Jen

Wow, interesting!

I still think its quite a hassle just to have a ceremony, but whatever floats your boat.

[Yodrak 7]

Jen,

Wow - 2nd time today I get to use this quote

"I'm relying on the REGULATIONS which have the effect of LAW. You

are quoting from INSTRUCTIONS, and from a notoriously unreliable

source at that.

Note that the USCIS does not issue visas. Here's another quote, this one from the DoS Foreign Affairs Manual - the policy manual for the people who do issue visas. 9 FAM 41.81 N11

"The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiancé(e) of a U.S. citizen from applying for and obtaining an immigrant visa (IV) or a nonimmigrant visa (NIV) under another classification, if the alien can qualify for an alternative classification. For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States." (The emphasis is mine.)

Yodrak

Yet still I ask - isn't this scenario a bit against the point of a K1 - which is to marry and SETTLE IN THE US. I'm not sure if that would qualify as misrepresentation or not.

I can understand (sort of) if there were no other options available.

This is a direct quote from the USCIS website about the K1:

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.)

So TECHNICALLY, there is no reason why a K1 could not be applied for in this case.

Jen

Jennifer,

He has a fiancee who plans to settle in Mexico with him after marriage, is that correct?

Has anything been started to impliment these plans (are you living with him in Mexico now?), and have these actions and plans been well documented and included in his B2 visa application submissions?

Yodrak

Well, he COULD just come on a tourist visa if the good 'ol USA would give him one. In the past 8 years, he's applied 3 times (most recently April 2006) and been denied for no good reason. So, we're not going to sit around waiting another 8 years for a tourist visa so we can get married. GRRR . . . My understanding is, a fiance visa is a much surer way of getting granted a visa, even if it is more costly and time consuming. (Of course only about $170 more than a tourist visa and the time frame isn't THAT different, since it takes about 6 months to get an interview date for a visa in Mexico City!) Anyway, that's our thoughts. I see no way in which this is obtaining a visa under false pretenses . . . the ONLY reason he is coming to the US is to get married, the whole point of a K-1 visa.

Jennifer

If you're gonna be living in Mexico, why are you applying for a K1 in the first place? K1 visa is for couples intending to live in US after the marriage, if you're gonna go back to Mexico, he can just go on a tourist visa, get married, and then return to Mexico.

Edited May 18, 2006 by Yodrak

[kitkat1 5]

Maybe they never knew about the B2 option. Tourist visas to the US from Mexico are notoriously difficult to get - even if you can get one, it's a long wait. Right now, they aren't even taking appointments for tourist visas until September. It certainly seems like everything they are doing is legal and correct - let's wish them the best and hope it all works out.

[michela 4]

Maybe they never knew about the B2 option. Tourist visas to the US from Mexico are notoriously difficult to get - even if you can get one, it's a long wait. Right now, they aren't even taking appointments for tourist visas until September. It certainly seems like everything they are doing is legal and correct - let's wish them the best and hope it all works out.

I think the fiance visa is a good way to go if you want to marry in the US. The K-1 visa says nothing about residing in the US as a previous poster has shown. Anyways I just wanted to say that it may be VERY difficult to get a tourist visa. To get a tourist visa, you must prove that you have no plans to reside in the US and will return to Mexico. Being the spouse of a US citizen gives you a HUGE reason to reside in the US (making them more likely to deny you the visa) and I think you would have to show a lot of assets in Mexico, a steady and well-paying job, a house that you own, etc in order to even qualify.

Good luck and congratulations!

[Yodrak 7]

michela,

Not when the US citizen spouse plans to live (or may already be living) in the non-citizen's country. Then it's one of the best possible reasons why the non-citizen will not stay in the USA.

Yodrak

.... To get a tourist visa, you must prove that you have no plans to reside in the US and will return to Mexico. Being the spouse of a US citizen gives you a HUGE reason to reside in the US (making them more likely to deny you the visa) and I think you would have to show a lot of assets in Mexico, a steady and well-paying job, a house that you own, etc in order to even qualify.

...