Best Way for Mexican Wife to Enter US

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I'm a US citizen, as are my three children. My wife, and mother of the children, is a Mexican ctizen. We married 10 years ago in the US. We live in Mexico, and are considering a move to the US. She got a 10-year visitor visa in 2000. We've made about 20 visits to the US since then, all during vacation times. The length of the visit averages about 3 weeks. She always gets an I-94, and it's always good for 6 months, no matter how long we tell them we plan to stay.

The embassy in Mexico City tells me I should file an I-130 to get a different type of visa, and then wait 12 months before we can make any move to the US. Since we don't want to wait a whole year, I was wondering how it would work if she entered the country like always, with an I-94. I asked the embassy that question, and they said that it was possible, but that she would run the risk of deportation. OK well that's a nightmare.

Can anybody help with some specifics on how to make deportation on an I-94 entry as low-risk as possible?

Thanks ahead of time

[Anh map 2,098]

DCF is the correct way to go - applying at the embassy/consulate in Mexico.

Entering on a visitor visa with the intent to immigrate is a no no. Intent is the key.

Edited March 10, 2009 by Anh map

[Penguin_ie 5,996]

A visa can take a year to get if you file from the USA (though your wife should still be able to visit the US during that time).

However, if both of you live in Mexico, and you as the USC have been doing so for more than 6 months, you can file DCF. This is where the paperwork all goes directly to the embassy, not NVC etc. That usually only takes 6-8 weeks (see my timeline, though from a different country). That will get her to the US legally, get a 10 year greencard upon entry, and no risk of deportation.

Edited March 10, 2009 by Penguin_ie

[Mononoke28 135]

Penguin_ie is correct. Since you've been living in Mexico for more than 6 months you can file for Direct Consular Filing and it will take less than a year.

Diana

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Thanks for the info, ladies.