Tijuana/San Diego engagement

[estrelloso 0]

Hi! We're new and wondering if anyone has gone through the k-1 process across the San Diego/ Tijuana border. Our case seems a little different than most that I have read on here because of our close proximity. My fiance has a border crossing card, which allows him to cross whenever he wants as long as it is within 25 miles of the border. We actually met in San Diego, where I live. I feel really lucky that we get to see each other several times a week, with a little patience at the busiest border crossing in the world in San Ysidro.

What advice can anyone give us about visiting each other during the process. Is it allowed? While the k-1 is pending? I'm pretty sure he can't visit his family after entering on the k-1. What about after getting married? Do we have to wait until after the AOS?

As far as proof of our meeting, we don't have plane tickets because we just drive over or he takes the trolley from the border. Do you think the USCIS will understand this?

Also, does anyone know of other faster options. My fiance is a doctor, although not licensed in the US, but there are professional NAFTA visas available if an employer here specifically asks for him. That seems a likely possibility and the USCIS website says that is is 2 months waiting time rather than 5 months. In such a case, could we just get married once he was here since he would already be here on a different kind of visa? Would the process just start with an AOS?

My fiance is also wondering, for you Spanish sur-named people out there, how you fit both last names on the forms? Since we want all the documents to match, we don't want to just drop a name.

I'm sure we will have many more questions, but this seems like enough for now. Any help would be greatly appreciated! I'm so grateful that VJ exists! Thanks in advance.

[Anh map 2,098]

There are lots of folks going through CJ consulate here on VJ. Do some reading in the LAtin America, Mexico, ... regional forum for advice from others marrying Mexican citizens. There are some differences for you folks.

Best of luck!

[JimVaPhuong 4,863]

Hi! We're new and wondering if anyone has gone through the k-1 process across the San Diego/ Tijuana border. Our case seems a little different than most that I have read on here because of our close proximity. My fiance has a border crossing card, which allows him to cross whenever he wants as long as it is within 25 miles of the border. We actually met in San Diego, where I live. I feel really lucky that we get to see each other several times a week, with a little patience at the busiest border crossing in the world in San Ysidro.

What advice can anyone give us about visiting each other during the process. Is it allowed? While the k-1 is pending? I'm pretty sure he can't visit his family after entering on the k-1. What about after getting married? Do we have to wait until after the AOS?

The K1 is a single entry visa, so once he enters with it he will not be able to use it to enter a second or subsequent time. I don't know if they'll take his border crossing card when he gets the visa, but I would think if they see the stamped K1 in his passport then they wouldn't let him re-enter. He'll probably have to wait until he either gets avance parole or a green card, both of which he'll apply for after getting married in the US. He should be able to get the AP within 90 days of sending the application.

Edit: It is perfectly legal for him to visit while the K1 is pending. However, having the visa petition in the computer will serve as notice to CBP that he is an intending immigrant. He should be prepared to show proof of his intention to return to Mexico or he may be turned back at the border. Once he's turned back that will usually be the end of the casual visits to the US.

As far as proof of our meeting, we don't have plane tickets because we just drive over or he takes the trolley from the border. Do you think the USCIS will understand this?

Yes, it's not a problem. As long as you can prove you've physically met each other. Travel by air is not required.

Also, does anyone know of other faster options. My fiance is a doctor, although not licensed in the US, but there are professional NAFTA visas available if an employer here specifically asks for him. That seems a likely possibility and the USCIS website says that is is 2 months waiting time rather than 5 months. In such a case, could we just get married once he was here since he would already be here on a different kind of visa? Would the process just start with an AOS?

Technically, yes - that can be done. He doesn't have to be here on a work visa in order to do this. He just needs to be legally present in the US. Be extremely careful with this, though. It is fraud to enter on a non-immigrant visa if your intent is to immigrate. When you apply for AOS you're going to need to demonstrate that there was no intent to immigrate when he entered the US. If USCIS doesn't buy your proof, then he'll be deported and banned for visa fraud. This sort of thing works best when the USC citizen and immigrant spouse actually meet AFTER the foreigner enters the US. Since your relationship existed long before he would have entered on a visa, you might have a tough time convincing USCIS that he wasn't intending to immigrate all along. Getting married and applying for AOS while visiting is definitely the fastest way, but it comes with the risk of a permanent ban. A fiance or spousal visa doesn't have this risk. I'd go with the safest bet.

My fiance is also wondering, for you Spanish sur-named people out there, how you fit both last names on the forms? Since we want all the documents to match, we don't want to just drop a name.

Try writing it in by hand. It's not necessary to fill out the forms entirely on the computer. If it still won't fit, then add an attachment sheet.

Edited July 7, 2009 by JimVaPhuong

[estrelloso 0]

Thanks so much for the help, esp about the work visa. We definitely don't want to risk fraud. Better the long, sure road than nothing at all.

I'm still anxious to hear from others who have been working across a border, either Mexico or Canada. What are some of the issues you've run into that are different from other stories? I read some about CJ. Helpful, thanks!

[Chica Yeyé 41]

Hey hermana, welcome to VJ. You might want to check out the Latin America forum; there is a whole thread for people going through the Cd. Juarez consulate.

If he will write both his last names, I suggest he hyphenates them so they get the picture that his first last name is NOT his middle name

Once you file, he will have to prove ties to MX every time he attempts to go visit; since filing for a K-1 visa is of course sign of immigration intent. I did not go through CDJ since I lived in canada; but do check out the forum. Welcome to VJ.

[estrelloso 0]

And proof of ties to MX would be maybe work pay stubs? or bills? What do you think he would need or would work? Is it risky?

[Chica Yeyé 41]

Letter from employer expecting him back, lease/mortgage, etc. I don't know how risky or not it is since we lived together in Canada so this was never an issue: do check with the folks in the CDJ thread.

[Gaby&Talbert 1]

The only way to apply for the AOS is if he got an I-94 permission to travel and then decided to marry. A border crossing card will not allow to go through AOS. Since you both live close to each other you shouldn't have any issues visiting each other in the border zone until you have to go to your interview in CDJ.