Hermosillo - valid for K1?

[VisaJourneyLady 33]

Brilliant. So basically we put down Juarez, and then see what we get back. If they say Juarez then I get over there, but is they say London I stay on this side?

And Hermosillo is definitely not an option as they only deal with non-immigrant petitions, right? As I understand it a K1 visa is technically a non-immigrant petition but it is most often treated as an immigrant petition due to it's nature.

Dude, this is a horrendously awful idea. Do you have the means to immigrate legally to Mexico? In order for an embassy to deal with your petition you have to be a resident in that country. Have you looked in to how long the US Embassy in Mexico needs you to live there in order that you be processed there? In England it's over 6 months, and even then you have to show that it's where you're permanently residing. Plus, if you've ever used FedEx or Priority Mail, you will know that it's a hell of a lot cheaper than moving halfway accross the world.

Please understand that you are actually in a wonderful position, being a British Citizen, you can use the visa waiver and spend time with your fiance. Then go through the extremely easy-going London embassy (as opposed to the extremely suspicious Juarez embassy), and have a nice time for yourself.

I don't see ANY advantages in doing it the way you describe, only a lot of headaches.

Edited to add: If you do submit your paperwork with Juarez as your consulate, and later Juarez decides they don't want to deal with you, since you have no good reason to be interviewed there, you will delay your petition for months.

Edited April 17, 2009 by Poiteen

[elmcitymaven 9,712]

Agree with Poiteen and Julez on this. So, what you're planning would involve establishing residency in Mexico (few weeks to multiple months) plus the approximately 6 months (or more) to process a K1, plus the cost of moving to Mexico, plus costs of your fiancee and yourself visiting each other, plus all the usual costs of a K1 (filing fees, copying, postage). Plus the fact that Juarez is a harder consulate than London. In London, it is most certainly NOT a requirement to have the USC there. It's nice, but not necessary.

Seriously, you really, really need to re-think this.

[YuAndDan 153]

Brilliant. So basically we put down Juarez, and then see what we get back. If they say Juarez then I get over there, but is they say London I stay on this side?

And Hermosillo is definitely not an option as they only deal with non-immigrant petitions, right? As I understand it a K1 visa is technically a non-immigrant petition but it is most often treated as an immigrant petition due to it's nature.

K-1 is NON-Immigrant, however it has immigrant intent, and as such is always handled by the US consulate in country that handles immigrant visas. Since the K-1 ultimately adjusts status the immigrant visa unit handles the case because they have to do more extensive background checks to determine if there is any inadmissibility issues, and the immigrant visa unit is equiped to handle the additional processing required by the K-Visa.

More:

A Fiancé(e) Is Also an Immigrant

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

http://travel.state.gov/visa/immigrants/ty....html#Immigrant

[Galant 0]

Wow, okay, lot of info there. Thanks guys for your time.

Just to clarify a few things. Our aim is to marry in the USA but not necessarily live there. It is quite a high priority for us to do so. So we'd like to try. I, however, cannot freely the enter the USA due to what was honestly an accidental overstay of a previous visa. Long story short, I was in application and communication for around four years for an adjustment of status, but owing to some bad advice and a silly mistake we found out from an immigration lawyer (whom we - my potential employer and I - contacted after much frustration) that our application would ultimately be denied. She said, because of the duration of my overstay, despite my open communication with various government departments and the INS/USCIS, I would be facing the statutory ban of 10 years. I had two choices, get married or leave. After much consideration (long story) I decided to leave. Since that time my fiancee and I have decided to marry and now face the challenge of doing so. As I said, marrying in Tucson is something of a priority. I have no sneaky or ulterior motives. We don't necessarily aim to stay in the USA. I understand the opportunity is there.

Anyway, that's why I can't just fly in and marry her.

I should note that my fiancee has spoken to two USCIS officers - one in person at the office in Tucson, and the other on the phone at the official number - and both independently said that my current status does not necessarily prevent me from obtaining a K1 visa.

My mother, also British, married an American last December in Hermosillo, where she was and is living as a missionary there. She faced a short overstay previously, I forget why, and is going through the process to obtain entry with her husband. It was on that same trip to see them married that I proposed to my fiancee before returning here to Gibraltar. My mother went through the process of obtaining residency in Mexico - from tourist visa, and it apparently can be done quickly.

The plan was, assuming it was fine to select a Mexican embassy/consulate, to fly over, see the process through - if denied to marry in Mexico and return, probably, to the UK. Or if granted, to marry there in Arizona, and again, to return to the UK or head elsewhere. I would like her to see England, that part of my life she has not seen, and we'll take it from there.

I didn't see a trip to Mexico as wasted travel fare since I'd have to head that way sooner or later. And waiting while being apart wasn't the major concern, it was just a nice plus.

It seems then applying from the UK is the faster, better option. We've been compiling the G325a's, photos, letters of intent etc. This was just the final concern of the application.

Thanks guys.

G.

[VisaJourneyLady 33]

Seriously Galant, from what you write, you do not know nearly enough about this process to make any good decisions right now. And you need to make some decisions before you submit ANY petitions.

Like:

Where will you live when you're married?

First of all, forget going to Mexico. Unless you want to move to mexico for a year for reasons completely separate to getting a visa to the US, there is NO advantage, NONE whatsoever of going through Mexico. I don't know why you think otherwise, but do some research READ THE GUIDES you will find out that you are misguided in a serious way.

I'll say again: READ THE GUIDES!!! They are your friend. Get an idea of the timelines involved in the various options. You will find through research that going through mexico is a terrible idea.

Also K-1's are not required to enter the US in order to get married. It's only required if you intend to stay there once you are married. You could get a visit visa, marry, and then leave the US and either apply for a CR-1 (spousal visa to the USA) or begin the application for your fiance to move to Britain.

If you are subject to a 10 year ban (and not knowing the rules is no defense) then you need to read the waivers section of this website, and get an idea of what it takes to get a waiver for an overstay. IF you are certain that you want to move to the US.

Lastly and finally - if you insist on not going through London, wouldn't you be better off seeing if you could have the embassy in Spain deal with your petition? Like London, it wouldn't be a high fraud post, and you have obvious reasons for wanting to go through there, unlike Mexico, your application will seem like a bizarre request to the Mexican Embassy.

Edited April 17, 2009 by Poiteen

[English Muffin 59]

If your overstay was for four years you have a 10 year bar from entering the US.

[*julez* 124]

If you have a significant overstay, i.e. 4 years, then you will need to file a waiver in order for a K1 visa to be issued. Even then, there is no guarantee. Your chances of getting a waiver through Mexico are significantly slimmer than through London. The waiver process is much longer through Mexico. I highly recommend that you contact a QUALIFIED immigration attorney to help you negotiate what is going to be a very complex immigration journey.

Best of luck to you.

[English Muffin 59]

Just to add to the above post I really can't see a waiver being approved once they find out you don't intend to immigrate. You need to completely re-think your plans.

[YuAndDan 153]

Just to add to the above post I really can't see a waiver being approved once they find out you don't intend to immigrate. You need to completely re-think your plans.

Correct, applying for a visitors visa is out of the question, it will get denied, and no waiver offered.

Need to have US Citizen travel to foreign country like UK, and marry there, and then file for a spousal visa and deal with the waiver when it is requested by the interviewing officer at the time of a spousal visa interview.

[English Muffin 59]

Need to have US Citizen travel to foreign country like UK, and marry there, and then file for a spousal visa and deal with the waiver when it is requested by the interviewing officer at the time of a spousal visa interview.

The OP doesn't want to live in the US, they just want the K1 for their wedding and then they will leave.

[YuAndDan 153]

Need to have US Citizen travel to foreign country like UK, and marry there, and then file for a spousal visa and deal with the waiver when it is requested by the interviewing officer at the time of a spousal visa interview.

The OP doesn't want to live in the US, they just want the K1 for their wedding and then they will leave.

They have a 10 year bar, the only way to overcome that is through a visa petition filed by a US citizen, and then waiver requested by consulate, so K-1 or Spousal is the only way to deal with this, not visitor's visa as another poster suggested.

[elmcitymaven 9,712]

Okay, but isn't the point of a K1 (or K3 or CR1/IR1) that the foreign fiance or spouse enter on that visa with the intent to either adjust status (K1 or K3) or remain as a permanent resident (CR1/IR1)? How can that be overcome without lying at the interview or making a misrepresentation at POE?

[CGOlivas 9]

Wow, okay, lot of info there. Thanks guys for your time.

........

Thanks guys.

G.

Hi Galant,

Just to clarify, Juarez embassy does not allow the fiance to be part of the interview. You would go in alone, no buts! unless during the interview the officer out the blue decides to see your fiancee.

If it is true what everyone else says about the London embassy being faster and easier than the Juarez embassy, then coming from an american asking for her Mexican fiance, don't go to Mexico.

To me that is adding some red flags on your application!

Also, if you are not going to live in the USA why are going through this process?

C