So why must I bother with this whole thing?

[Chilly 0]

My wife if Mexican. She's visiting on a B2 (tourist) visa. Marriage was not the intent of getting the B2, she got her visa and visited the US (to see a mutual friend who is a Mexican here on work visa) before we ever met. Shortly after marriage we found out we would have a baby. Now I'm looking into the immigration stuff and it's really chapping my rear that it's so complicated for us to be together.

So why should I even bother? Is there any reason NCIS would care that a US citizen is married to a Mexican citizen, and that we come and go to visit each other as much as possible without over-staying our visas? She's going to have our baby this spring and it seems like there's going to be a big hassle with re-entry once we apply for the visa. So why bother until after the baby is born? It's my child so the baby has right to citizenship anyhow, regardless of where the birth takes place. She could go home for a while, then return after a few months so we could be together for the birth. Then she could go back home when we initiate the process. What's wrong with my thinking?

Thanks,

Chilly

[Penguin_ie 5,993]

Nothing wrong with your thinking, it COULD work well. However, there is always a chance of her being denied entry, especially now she is married to a USC and once she starts showing...

[Ling Ling 22]

I think the "showing" is going to more of a problem than anything.

It's probably better to start the petition process sooner than later.

If she has a valid tourist visa, and hasn't over-stayed, she probably won't have a problem...unless she starts

telling the immigration officer that she's married to a USC and carrying a USC baby.

She shouldn't lie at the point of entry, but all she needs to say is that she's visiting friends and family before she gives birth.

It's always a good idea if she has proof of ties to Mexico...bank account statement, lease, letter from job, etc.

Good Luck

[Chilly 0]

Nothing wrong with your thinking, it COULD work well. However, there is always a chance of her being denied entry, especially now she is married to a USC and once she starts showing...

I've read posts about being denied re-entry at POE while under a K visa. Haven't read anything about someone being denied reentry with a tourist visa. As far as anyone is concerned she's a Mexican married to an American with no intention to immigrate. No law against that as far as I can tell. Once one demonstrates some some intent to immigrate (i.e. K visa) they get all suspicious because they figure if/when they deny the application the applicant will not leave the country. The only downside I can see is that she'll have to leave for a couple months every once in a while. Just as well, she could probably use a break away from me every now and then.

[justashooter 430]

keep her in the US and file for adjustment of status. don't let her go to mexico till she has her GC or other suitable docs as required by statute.

[Penguin_ie 5,993]

I've read posts about being denied re-entry at POE while under a K visa. Haven't read anything about someone being denied reentry with a tourist visa.

I have heard of revoked tourist visas when POE officers heard the tourist was married to a USC, but the cases I remember off-hand were all from Asia.

[Reba 2]

Anyone at any time can and will be denied entry to the US if the CBPs suspect that their ties to the US are stronger to the ties to their home country. Having a spouse in the US and being pregnant with spouse's child are strong ties than anything else she's got in Mexico as far as they're concerned, and even with a current and valid tourist visa, she can be denied entry. Doesn't matter if you've submitted petitions yet or not.

[Chilly 0]

Having a spouse in the US and being pregnant with spouse's child are strong ties than anything else she's got in Mexico as far as they're concerned

Maybe if the officer at point of entry were to actually meet me in person he'd be wondering why she keeps coming back to the US.

Appreciate the advice. Keep me from being stupid.

[mrc1330 0]

I agree with justashooter... screw USCIS... keep the ball in your court or you'll suffer like all of us while USCIS plays poker with our $355 filing fees.

Adjust status or come back from Mexico before she shows and STAY here. You can easily have a valid medical reason for her overstaying her visa. Get a certified midwife to write it up for you (pregnancy, baby too young for travel, etc.)

keep her in the US and file for adjustment of status. don't let her go to mexico till she has her GC or other suitable docs as required by statute.

[Chilly 0]

I think I've satisfied the spirit and the letter of the rule about changing status in-country. While we had figured on being married at some point we did not anticipate doing it so soon. I have no quarrel with USCIS or their policies, either. One can read lots of cases on this very forum where someone did someone dirty to get in-country. Imagine how many times it happens where both parties are in on the scam and we never hear about it. Who knows, maybe our economy will tank so badly that we'll be trying to keep people from leaving the US in a few years. Reminds me, I have to get going. I'm burying a school bus full of MREs and ammunition in the national forest this afternoon.

Chilly

[Steve Y Jessica 1]

The type of visa that you have has nothing to do with being denied entry.

It is US law that states that they presume that anyone entering the US is intending to immigrate. It is your job to prove that she does not intend to immigrate. This is why my wife was denied a B2 visa. Because as my wife, they felt there was a good chance that she would not return to her country. This was before we petitioned for her visa.

There are many people who are denied entry while using a visitor visa or the Visa waiver program, due to their ties to a US citizen.

I would apply for the Visa correctly, then just continue doing what you are doing until it is approved.

[mrc1330 0]

Negative... Steve y Jessica. "Intent" is an opinion in fact it can literally never be proven. Since it can not be proven and since he is genuinely in love with his wife they are a real couple, she met him in the US as a single woman and had nothing to do with him. Thats enough... She never came looking for a husband and even if she DID there is no proof. The only proof is in her mind and unless they tie her down and give her truth serum, it will stay as whatever he/she say it is. LUCKILY someone, some senate committe, some senator left that "loophole" there for a reason, maybe its a "check" against the stupid beauracracy they put us through. Who cares, just take advantage of it Chilly. You never know, whats gonna happen. I forsee a fee increase any day now. And this whole enormous backlog will just get worse. Get your wife here and keep her here. You can't fight any battles, you have no court to go to or any right to defend yourself if she is Mexico. Here in the US the ball is in your court. Play to WIN.

The type of visa that you have has nothing to do with being denied entry.

It is US law that states that they presume that anyone entering the US is intending to immigrate. It is your job to prove that she does not intend to immigrate. This is why my wife was denied a B2 visa. Because as my wife, they felt there was a good chance that she would not return to her country. This was before we petitioned for her visa.

There are many people who are denied entry while using a visitor visa or the Visa waiver program, due to their ties to a US citizen.

I would apply for the Visa correctly, then just continue doing what you are doing until it is approved.

[Steve Y Jessica 1]

Negative... Steve y Jessica. "Intent" is an opinion in fact it can literally never be proven. Since it can not be proven and since he is genuinely in love with his wife they are a real couple, she met him in the US as a single woman and had nothing to do with him. Thats enough... She never came looking for a husband and even if she DID there is no proof. The only proof is in her mind and unless they tie her down and give her truth serum, it will stay as whatever he/she say it is. LUCKILY someone, some senate committe, some senator left that "loophole" there for a reason, maybe its a "check" against the stupid beauracracy they put us through. Who cares, just take advantage of it Chilly. You never know, whats gonna happen. I forsee a fee increase any day now. And this whole enormous backlog will just get worse. Get your wife here and keep her here. You can't fight any battles, you have no court to go to or any right to defend yourself if she is Mexico. Here in the US the ball is in your court. Play to WIN.

The type of visa that you have has nothing to do with being denied entry.

It is US law that states that they presume that anyone entering the US is intending to immigrate. It is your job to prove that she does not intend to immigrate. This is why my wife was denied a B2 visa. Because as my wife, they felt there was a good chance that she would not return to her country. This was before we petitioned for her visa.

There are many people who are denied entry while using a visitor visa or the Visa waiver program, due to their ties to a US citizen.

I would apply for the Visa correctly, then just continue doing what you are doing until it is approved.

I do not know what you are saying negative to!!!!!

THIS IS FACT!!!! Us LAW 214 (B), states, anybody entering the Unided States on a non-immigtant visa, B2 or whatever, including the Visa Waiver Program, is considered to be an intending immigrant!!! This person must prove that they do not intend to immigrate to be allowed to enter the United States.

I never said anything about how they met or married or anything. That makes no difference. Now, they are married. Period. When she enters the US on her B2 visa, she can be denied. Or when she tries to renew her B2 visa, she can be denied for the same reason my wife was denied a tourist visa. Because she is married to a US citizen, there is a strong likelyhood that she will want to remain in the US.

I do not see any problems if they petition for a spouse visa. I feel that is what they should do.

The OP asked if they should file a petition for a spouse visa or continue to just go back and fourth on a tourist visa. I feel they should petition for the spouse visa. Because there is a possibility that she could get refused entry into the US on her tourist visa at some point.

[*JG* 2]

Nothing wrong with your thinking, it COULD work well. However, there is always a chance of her being denied entry, especially now she is married to a USC and once she starts showing...

I agree.

I think what you are contemplating will not be looked upon favorably by border agents. Too many people before you have pretended to do this and abused teh system.

I hope you figure it all out.

[Reba 2]

I'm burying a school bus full of MREs and ammunition in the national forest this afternoon.

Chilly

where's that then? So I know not to walk over it while I'm buggin' out.