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Posted

Hi Mexico DCFers,

The folks in the K-1 forum here at VJ told me I should look into DCF in Mexico instead of the K-1 process since we live here in Mexico (Guanajuato) and we are looking for the quickest process possible. They told me to come check out the DCF forum.

After reading this DCF-Mexico thread I find myself a little confused since I am a pure newbie.

Here is my/our situation:

I have lived here in Guanajuato for a little over a year. My fiancee has lived here with me that whole time.

I do not have my FM3 but, according to the expat crowd in nearby San Miguel, there are facilitators there that can get your FM3 in about a week (legitimately) for 400 pesos extra.

We are not married yet (since we were thinking K-1 was the best way to go) but we are willing to do a quick civil wedding to accelerate the process.

Is this going to work for us? Do I need to have my FM3 for 6 months or only be able to prove that I have lived here that long. We live in an apartment with all utilities included in the rent so I have no utility bills but the landlords would gladly provide written proof that we have lived here for a year... will that suffice?

Any feedback would be wonderful,

Thanks!

Hi circle10?

If you are going for a K-1 visa? Why are you willing to do a civil wedding? I think the process will be different if you get married in Mexico.

Besides I think the process is easier for a K1 visa then for an IR-1 visa. If you marry now, and then apply for an IR-1, for couples with less than two years of marriage, they have to go to USCIS (not Juarez) after those 2 years have passed. The interview is also easier for K-1 applicants than for IR-1.

However, can you file I-129 on USCIS in Mexico?

Maybe not and that's why you want information on DCF?

IR-1 processing can take as little as 4 months (that's what it took for me). But don't know if in your case it will take a bit longer (provided that you get married in Guanajuato) and later file I-130 for your wife.

I don't know how long it takes to get a K-1 appointment, but I'd say it would take like 6 months.

Anyway, if you decide to go for DCF (I-130) this is a good place to post your questions.

Welcome to the Forum.

Posted

Hi circle10?

If you are going for a K-1 visa? Why are you willing to do a civil wedding? I think the process will be different if you get married in Mexico.

Besides I think the process is easier for a K1 visa then for an IR-1 visa. If you marry now, and then apply for an IR-1, for couples with less than two years of marriage, they have to go to USCIS (not Juarez) after those 2 years have passed. The interview is also easier for K-1 applicants than for IR-1.

However, can you file I-129 on USCIS in Mexico?

Maybe not and that's why you want information on DCF?

IR-1 processing can take as little as 4 months (that's what it took for me). But don't know if in your case it will take a bit longer (provided that you get married in Guanajuato) and later file I-130 for your wife.

I don't know how long it takes to get a K-1 appointment, but I'd say it would take like 6 months.

Anyway, if you decide to go for DCF (I-130) this is a good place to post your questions.

Welcome to the Forum.

Hi Ulises, and Circle10 Welcome!

We are doing the CR-1 Visa right now.

I am by no means an expert but just reading your post I needed to clarify for Circle10. You're an incredibly valuable contributor and I by no means want to step on anyone's toes.

Both K-1 and IR-1/CR-1 visas go through Juarez. So either way you'll have to travel there (while you are correct that you need to file either I-129 or I-130 at a local USCIS office) - Juarez processes all immigrant visas; no other post in Mexico. K-1 falls into the Immigrant category.

Circle10 my take is your best bet is to go the CR-1 route. In your case you'll have been married less than two years and qualify for the CR-1 (Conditional Resident Visa). You'll receive the same benefits as the IR-1, just have to remove conditions before two years has passed after you enter the US. Meaning you'll get a green card within a few weeks of entering the US and a SSN a few weeks after entering. As well the Visa in your passport will allow you to travel immediately.

The K-1 route is more expensive because after entering the US you'll have to adjust your firances status and wait to receive Advanced Parole so you can travel. In addition the Fiance won't be able to work until status has been adjusted and only after that you'll be able to apply for a SSN.

If you choose the CR-1 Visa there is no way around the FM-3. They will need to see it and take a copy so the sooner you can get it done the better.

Bottom line, the quickest and cheapest way is CR-1 with the least hassle. K-1 Visas you also have to provide I-864 affidavit of support. And interview in Juarez. So if you're going to go through all of those steps anyway, why not get the reward of getting your green card and SSN almost right after entry?

Good luck and keep us posted.

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

My husband and I just send the first package I-130 to USCIS Mexico city and was received yesterday by the people at the Embassy (or so DHL says =P), now the question is how long does it take to USCIS Mexico City to send it to Juarez and to start the second step of the process. Is there a number or email for me to ask? I'm in Los Cabos, BCS. And I'm a little bit nervous because I just put everything in the package like that, but I've been reading that some of you use cover letters???? =S

I wonder if that's going to be a problem.

Thanks so much for your help!

R1 Visa

February, 2011 - Started the compilation of info

April 20, 2011 - Got the cashiers check from my in-laws in AZ

April 27, 2011 - Package I-130 it's on its way to USCIS in Mexico city

May 2, 2011 - I-130 Package received by USCIS in Mexico city

NOW, THE WAITING.....

Posted

My husband and I just send the first package I-130 to USCIS Mexico city and was received yesterday by the people at the Embassy (or so DHL says =P), now the question is how long does it take to USCIS Mexico City to send it to Juarez and to start the second step of the process. Is there a number or email for me to ask? I'm in Los Cabos, BCS. And I'm a little bit nervous because I just put everything in the package like that, but I've been reading that some of you use cover letters???? =S

I wonder if that's going to be a problem.

Thanks so much for your help!

Hi MrsArmstrong! Another new face, welcome!

We applied in person, and had a cover letter but they didn't take it. One of the benefits of applying in person was they checked all the documents to make sure they were completed correctly, but you being in Los Cabos don't have that luxury. So it would be difficult to gauge how long before they send it to Juarez. In our case Juarez received it in under one month from the date we filed. You can have a look at my and other members timelines to approximate, but if there are any RFE's (Request For Evidence), you may have to wait a bit longer.

I have contacted them through the usembassy(dash)mexico(dot)gov(slash)eng(slash)messages(dot)html web site for general info and they respond in about a weeks time.

And there's a number on that site you can try, although I've heard it's difficult to get someone live on the line.

I hope this helps you and welcome, feel free to fill out your own timeline so we can see how your process is going!

C

Posted

Hi Ulises, and Circle10 Welcome!

We are doing the CR-1 Visa right now.

I am by no means an expert but just reading your post I needed to clarify for Circle10. You're an incredibly valuable contributor and I by no means want to step on anyone's toes.

Both K-1 and IR-1/CR-1 visas go through Juarez. So either way you'll have to travel there (while you are correct that you need to file either I-129 or I-130 at a local USCIS office) - Juarez processes all immigrant visas; no other post in Mexico. K-1 falls into the Immigrant category.

Circle10 my take is your best bet is to go the CR-1 route. In your case you'll have been married less than two years and qualify for the CR-1 (Conditional Resident Visa). You'll receive the same benefits as the IR-1, just have to remove conditions before two years has passed after you enter the US. Meaning you'll get a green card within a few weeks of entering the US and a SSN a few weeks after entering. As well the Visa in your passport will allow you to travel immediately.

The K-1 route is more expensive because after entering the US you'll have to adjust your firances status and wait to receive Advanced Parole so you can travel. In addition the Fiance won't be able to work until status has been adjusted and only after that you'll be able to apply for a SSN.

If you choose the CR-1 Visa there is no way around the FM-3. They will need to see it and take a copy so the sooner you can get it done the better.

Bottom line, the quickest and cheapest way is CR-1 with the least hassle. K-1 Visas you also have to provide I-864 affidavit of support. And interview in Juarez. So if you're going to go through all of those steps anyway, why not get the reward of getting your green card and SSN almost right after entry?

Good luck and keep us posted.

Hi chuck,

Yes I am aware that only Juarez process immigrant visas in Mexico.

But yes I do not know anything about K1 processing, as I did IR-1 and IR-2 through DCF. Now that I've read your post I understand the whole process, and yes, it seems CR-1 would be faster for Circle10.

Thanks for providing such a good explanation! And by the way congrats on your appointment.

Posted

Hi Cicle10,

I just wanted to let you know that I was approved after having my FM3 for only a few months. I brought all kinds of proof of domicilio (read some of my old posts...we didn't have bills really either so I got people in town to write stuff up for me!) I brought them all when we turned in our 130 in mexico city and he took one or two and said the fact that I had the fm3 was enough, he wasnt so worried about time. I say try it.

We were in the same boat, we got married right before- a quick civil (do start early with the papers - permiso para extranjeros or whatever it is and tell them you are in a hurry...they rushed mine and i had it that day!)

feel free to email me/send a message or look through my old posts (Arianak) as our situation was really similar!

all the best!

Hi Mexico DCFers,

The folks in the K-1 forum here at VJ told me I should look into DCF in Mexico instead of the K-1 process since we live here in Mexico (Guanajuato) and we are looking for the quickest process possible. They told me to come check out the DCF forum.

After reading this DCF-Mexico thread I find myself a little confused since I am a pure newbie.

Here is my/our situation:

I have lived here in Guanajuato for a little over a year. My fiancee has lived here with me that whole time.

I do not have my FM3 but, according to the expat crowd in nearby San Miguel, there are facilitators there that can get your FM3 in about a week (legitimately) for 400 pesos extra.

We are not married yet (since we were thinking K-1 was the best way to go) but we are willing to do a quick civil wedding to accelerate the process.

Is this going to work for us? Do I need to have my FM3 for 6 months or only be able to prove that I have lived here that long. We live in an apartment with all utilities included in the rent so I have no utility bills but the landlords would gladly provide written proof that we have lived here for a year... will that suffice?

Any feedback would be wonderful,

Thanks!

Filed 130 in person in Mexico City June 2010

130 approved next day

No case number until July 21

Sent Packet 3 July 21

Packet 3 approval date Aug 4

Oct. 4 Interview- Approved!

Posted

I called to find out...read through old posts! you will learn a lot from other people's experiences ;-)

Hello Everyone!

I finally filed the I-130 for my husband in Mexico City on Monday. I´m a bit worried because they gave me nothing called NOA or notice of action. I have read on this forum that those who went to Mexico City to turn in their forms in person got this NOA the same day or the next. The woman who was there when I went told me I could expect to hear something in 2 months! What should I do? How did these people find out if they were approved the next day? I could cry. Help! :(

Filed 130 in person in Mexico City June 2010

130 approved next day

No case number until July 21

Sent Packet 3 July 21

Packet 3 approval date Aug 4

Oct. 4 Interview- Approved!

Filed: Timeline
Posted (edited)

Thanks to everyone for the replies! They stirred up a couple more questions for me. I'll explain a little about our situation and then ask those questions...

My fiancee needs to get medical treatment that does not exist in Mexico, only in the US, Canada, Europe and Korea. It will last about 3 months. We'd like to start the treatment as soon as we can but we are talking to several doctors in those countries and trying to decide which way to go. Regardless of which country we do the treatment in, it will cost enough to eat up a significant chunk of my nest egg, the interest from which we are using to live off of. So, we'll have to live in the US for a while afterwards so that I can return to work and recoup funds. That's the reason for needing to move to the US. If we decide to do the treatment in the US she could use her B2 tourist visa to enter and stay the 3 months but it seems wiser to get the green card now if we can. Then we can stay and live for 3 years, recoup funds and she could get her citizenship. Even if she gets treatment in another country, we'll need to live that time in the US so I can work and save again.

So, my questions...

1) If I apply for the I-130, does that nullify her B2 tourist visa so that she can't enter the country until the I-130 process is completed?

2) What would USCIS think if we went to Texas and got married and returned to Mexico and then petitioned the I-130? The problem is that I don't have my birth certificate or the divorce decree from my previous marriage here in Mexico with me. I'd have to get certified copies sent, get them apostilled, get them officially translated, get the medical exam, get the "permiso" to marry a Mexican citizen and then finally get the marriage license. This would take a lot of time and money. It would be much quicker and less money to drive up to San Antonio and get married there where all they want for a marriage license is her passport and my driver's license. Would that be looked upon badly by USCIS?

Thanks again, you guys have been a great help!

Edited by CIrcle110
Posted

Thanks to everyone for the replies! They stirred up a couple more questions for me. I'll explain a little about our situation and then ask those questions...

My fiancee needs to get medical treatment that does not exist in Mexico, only in the US, Canada, Europe and Korea. It will last about 3 months. We'd like to start the treatment as soon as we can but we are talking to several doctors in those countries and trying to decide which way to go. Regardless of which country we do the treatment in, it will cost enough to eat up a significant chunk of my nest egg, the interest from which we are using to live off of. So, we'll have to live in the US for a while afterwards so that I can return to work and recoup funds. That's the reason for needing to move to the US. If we decide to do the treatment in the US she could use her B2 tourist visa to enter and stay the 3 months but it seems wiser to get the green card now if we can. Then we can stay and live for 3 years, recoup funds and she could get her citizenship. Even if she gets treatment in another country, we'll need to live that time in the US so I can work and save again.

So, my questions...

1) If I apply for the I-130, does that nullify her B2 tourist visa so that she can't enter the country until the I-130 process is completed?

2) What would USCIS think if we went to Texas and got married and returned to Mexico and then petitioned the I-130? The problem is that I don't have my birth certificate or the divorce decree from my previous marriage here in Mexico with me. I'd have to get certified copies sent, get them apostilled, get them officially translated, get the medical exam, get the "permiso" to marry a Mexican citizen and then finally get the marriage license. This would take a lot of time and money. It would be much quicker and less money to drive up to San Antonio and get married there where all they want for a marriage license is her passport and my driver's license. Would that be looked upon badly by USCIS?

Thanks again, you guys have been a great help!

Hi Circle10, I can answer question 1.

No, applying for I-130 doesnot nulify her B2 visa. Actually she needs to give up her B2 visa only if she gets approved her immigrant visa.

For instance, in my case, I started the I-130 on December 16th 2010. On January 2011 I brought up my whole family upon their B2 visas to stay with me. When the CBP officer asked me if I came on vacations, I even told her that no, I was moving to California, that I had started the immigration process for my family and that for now they were travelling just as visitors with me. She stamped their passports and gave them 6-month on their I-94 forms. The worst thing that can happen to you, is that they deny your fiancee to enter the US (but that can occur even if she hasn't applied for I-130), but that should not affect the immigration process either.

Speaking of number 2, I don't think that is an advisable process, if you want to do that, you should speak to an immigration lawyer. I understand that you can use your B2 visa to get medical treatment in the US. If you want to go to Canada your fiancee needs to get a visa to travel to Canada (even if she becomes a US Resident, she's still a mexican citizen so maybe she will have to apply for a Canadian visa, but I don't know for sure).

You have multiple choices, the time required for each one I don't know.

1. Travel immediately to the US with your fiancees B2 visa to get her treatment done. Gather the documents you need to get married in Mexico, come back, get married and get her immigrant visa.

2. You can also travel right now and start the whole process there in the US (for K1 or I-130 in case you get married here), she in the meantime, can be travelling forth and back to visit you. I see no problem in she staying for 6 months returning a couple of weeks or 1 month to Mexico and then coming back. Some people including me has done something similar.

Hope this helps.

Posted (edited)

My husband and I just send the first package I-130 to USCIS Mexico city and was received yesterday by the people at the Embassy (or so DHL says =P), now the question is how long does it take to USCIS Mexico City to send it to Juarez and to start the second step of the process. Is there a number or email for me to ask? I'm in Los Cabos, BCS. And I'm a little bit nervous because I just put everything in the package like that, but I've been reading that some of you use cover letters???? =S

I wonder if that's going to be a problem.

Thanks so much for your help!

MrsAmrstong, kind of a goofy question... First of all, best of luck on your Visa Journey :thumbs: Keep us posted on how everything goes / is going!

Anyway, I just wanted to ask to which address you sent your I-130 in Mexico City.. Did you just use the main address they have on their website? (i.e. Reforma 305 Col. Cuahutemoc Del. Cuahutemoc C.P. 06500)? Or is there a specific address the Immigrant Petitions are supposed to go to?

I had planned on calling them this week to confirm, but haven't gotten around to it yet :blush:

Edited by dhudson

Timeline:

02/04/2004 - A young Zinker arrives in Mexico to study Spanish and the dating game begins

2004--2005 - Many subsequent visits to Mx ensue to be with my love; engaged in March 2005!

04/??/2005 - I-129F is filed from within the US

06/09/2005 - Zinker moves to Mexico

09/??/2005 - I-129F is approved

10/15/2005 - Interview in Cd. Juarez and subsequently approved for a K1 Visa!..But visa is left in Juarez

10/17/2005 - Due to unexpected pregnancy and a job offer in Mx - we decide not to pursue the visa and it expires :(

01/04/2006 - Married in Mexico

10/09/2011 - Two children later and a comfortable life in Mexico... Preparing to file I-130 in December 2011. Stay Tuned!

Posted

MrsAmrstong, kind of a goofy question... First of all, best of luck on your Visa Journey :thumbs: Keep us posted on how everything goes / is going!

Anyway, I just wanted to ask to which address you sent your I-130 in Mexico City.. Did you just use the main address they have on their website? (i.e. Reforma 305 Col. Cuahutemoc Del. Cuahutemoc C.P. 06500)? Or is there a specific address the Immigrant Petitions are supposed to go to?

I had planned on calling them this week to confirm, but haven't gotten around to it yet :blush:

Hi dhudson,

you can find phone numbers and address here;

http://mexico.usembassy.gov/eng/einsinfo.html

Our mailing address inside Mexico is:

BCIS Mexico City District Office

Paseo de la Reforma 305

Colonia Cuauhtemoc

06500 Mexico, D.F.

Posted

Thanks to everyone for the replies! They stirred up a couple more questions for me. I'll explain a little about our situation and then ask those questions...

My fiancee needs to get medical treatment that does not exist in Mexico, only in the US, Canada, Europe and Korea. It will last about 3 months. We'd like to start the treatment as soon as we can but we are talking to several doctors in those countries and trying to decide which way to go. Regardless of which country we do the treatment in, it will cost enough to eat up a significant chunk of my nest egg, the interest from which we are using to live off of. So, we'll have to live in the US for a while afterwards so that I can return to work and recoup funds. That's the reason for needing to move to the US. If we decide to do the treatment in the US she could use her B2 tourist visa to enter and stay the 3 months but it seems wiser to get the green card now if we can. Then we can stay and live for 3 years, recoup funds and she could get her citizenship. Even if she gets treatment in another country, we'll need to live that time in the US so I can work and save again.

So, my questions...

1) If I apply for the I-130, does that nullify her B2 tourist visa so that she can't enter the country until the I-130 process is completed?

2) What would USCIS think if we went to Texas and got married and returned to Mexico and then petitioned the I-130? The problem is that I don't have my birth certificate or the divorce decree from my previous marriage here in Mexico with me. I'd have to get certified copies sent, get them apostilled, get them officially translated, get the medical exam, get the "permiso" to marry a Mexican citizen and then finally get the marriage license. This would take a lot of time and money. It would be much quicker and less money to drive up to San Antonio and get married there where all they want for a marriage license is her passport and my driver's license. Would that be looked upon badly by USCIS?

Thanks again, you guys have been a great help!

Hello Again Circle. Sorry to hear that you guys have a lot to go through, but it sounds like you guys have a pretty solid plan and are optimisitc going forward. What you could do, if you choose to go for her treatment in the United States, is file her I-130 via DCF here in Mexico and then go to the states and get her treatment while you are waiting for the interview / approvals, etc.. (which, according to Ulises who just went through it, should take about 4-5 months for the whole shot).

Like Ulises said, just applying for her immigrant visa will not nullify her tourist visa and you two could in theory travel to the US to 'Visit' prior to her interview. I do want to point out, however, that when she goes to Juarez for her interview for her immigrant visa, I'm pretty certain that they will take away her B2 visa at that time and she won't get it back, regardless of the results. So that's something to keep in mind.

Also as Ulises said, there's always the slim chance that they won't let her into the US, especially once you are married, but honestly I think this is very rare. I've heard some horror stories on these forums where this has happened, but I've travelled to the US with my Mexican wife at least a dozen times and not one officer has ever even batted an eye at us, so I think it would be atypical for them to deny her entry.

As far as getting hitched in the US on her tourist visa, that's kind of complicated. Part of me wants to think that it would be fine so long as you and her come right back to Mexico after getting married and she doesn't overstay her I-94. But they might see it as some kind of fraud or something. Frankly, while I think it might be a little more direct and safer to do a civil marriage here in Mexico, I honestly don't see why it would be a big problem if you two were to get married there in Texas and just come back. Remembering now all the steps I had to take to get married here in Mexico it was a hassle, so I see where you're coming from. Ask around and like Ulises suggested maybe double-check with an immigration lawyer, although I'm sure if you post that question elsewhere here on VJ someone will be able to answer that question with confidence.

Timeline:

02/04/2004 - A young Zinker arrives in Mexico to study Spanish and the dating game begins

2004--2005 - Many subsequent visits to Mx ensue to be with my love; engaged in March 2005!

04/??/2005 - I-129F is filed from within the US

06/09/2005 - Zinker moves to Mexico

09/??/2005 - I-129F is approved

10/15/2005 - Interview in Cd. Juarez and subsequently approved for a K1 Visa!..But visa is left in Juarez

10/17/2005 - Due to unexpected pregnancy and a job offer in Mx - we decide not to pursue the visa and it expires :(

01/04/2006 - Married in Mexico

10/09/2011 - Two children later and a comfortable life in Mexico... Preparing to file I-130 in December 2011. Stay Tuned!

Posted

Hi, CIrcle110, we were married in Texas while living in Mexico and had no problems at all. I think the problem is when you use your B visa go enter as a tourist, then get married and stay in the US. Of course, three years passed between our wedding and the time we started filing. But nobody asked anything about it.

Filing the I-130 doesn't mean your wife can't use her visa anymore. My husband crossed many times during the process without any problems.

Welcome to VJ and good luck! =)

Posted

Thanks to everyone for the replies! They stirred up a couple more questions for me. I'll explain a little about our situation and then ask those questions...

My fiancee needs to get medical treatment that does not exist in Mexico, only in the US, Canada, Europe and Korea. It will last about 3 months. We'd like to start the treatment as soon as we can but we are talking to several doctors in those countries and trying to decide which way to go. Regardless of which country we do the treatment in, it will cost enough to eat up a significant chunk of my nest egg, the interest from which we are using to live off of. So, we'll have to live in the US for a while afterwards so that I can return to work and recoup funds. That's the reason for needing to move to the US. If we decide to do the treatment in the US she could use her B2 tourist visa to enter and stay the 3 months but it seems wiser to get the green card now if we can. Then we can stay and live for 3 years, recoup funds and she could get her citizenship. Even if she gets treatment in another country, we'll need to live that time in the US so I can work and save again.

So, my questions...

1) If I apply for the I-130, does that nullify her B2 tourist visa so that she can't enter the country until the I-130 process is completed?

2) What would USCIS think if we went to Texas and got married and returned to Mexico and then petitioned the I-130? The problem is that I don't have my birth certificate or the divorce decree from my previous marriage here in Mexico with me. I'd have to get certified copies sent, get them apostilled, get them officially translated, get the medical exam, get the "permiso" to marry a Mexican citizen and then finally get the marriage license. This would take a lot of time and money. It would be much quicker and less money to drive up to San Antonio and get married there where all they want for a marriage license is her passport and my driver's license. Would that be looked upon badly by USCIS?

Thanks again, you guys have been a great help!

Hi Again Circle10, getting back to your number 2 question I found a link here:

http://www.dc-immigration-blog.com/marriage-based/can-i-get-married-on-a-tourist-visa/

It seems to be a dhudson says, if you get married there but your wife returns there may be no problems. Maybe she'll just have to keep every kind of proof that she really came back (return board pass, credit card vouchers signed in Mexico, etc.)

And yeah, look through this or other immigration forums and you may find a similar case.

Best of luck!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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