Help with my unique situation

[mfarmer2 0]

I am marrying a Mexican national. We are having the wedding (non-civil) in Mexico on April 28th, 2007. And then will be having the civil wedding in the US at a later date. I am preparing the documentation for getting her a K1 Visa. However I want to try to time it right so after we get married in Mexico, she will be able to enter the US in the June timeframe.

Also, we are taking our honeymoon on May 2 to Buenos Aires but we have to drive from Mexico to Tucson, Arizona to catch the flight. Will she have any issues getting through the US border while waiting for the K1? Maybe there is a step in the K1 process to wait until after we get back from the honeymoon??

Any other issues?

Thank you.

[Kirsten L 0]

Hmmm...Well, maybe I'm a little confused, but I'm not sure why you'd be filing a K-1 visa. It seems to me that if you're already going to be married at the time she enters the country, you actually need to file a K-3. Is there some reason you're filing a K-1 instead?

[mfarmer2 0]

Because I was told that it could take up to 6 months to get the K3 visa from the date of marriage. Hopefully, we will get the K1 visa around the same time we get married in Mexico (non-civil) and then be able to enter the US anytime that is feasible for us (i.e. after the honeymoon).

[gupt0014 0]

Because I was told that it could take up to 6 months to get the K3 visa from the date of marriage. Hopefully, we will get the K1 visa around the same time we get married in Mexico (non-civil) and then be able to enter the US anytime that is feasible for us (i.e. after the honeymoon).

A K-1 typically takes 6-9 months, a K-3 can take well over 1 year.

[CanadaGirl 0]

I don't understand what you mean by non civil. Does that mean you will just have the ceremony for family but not actually sign any legal papers? If that is the case then yes you can file for K1 and then marry in the US in the June timeframe if your timeline goes on plan. You can not be married in Mexico legally and then file for K1 since that is a fiance visa with the intention of you marrying in the US.

Going to the states with a K1 visa in process could be a problem but not necessarily. I used to cross into the US from Canada alot while I had my K3 in the process. Just be honest with the crossing guard and have proof that you are filing paperwork and that you will be returning to Mexico.

Hope that helps

[kitkat1 5]

Because I was told that it could take up to 6 months to get the K3 visa from the date of marriage. Hopefully, we will get the K1 visa around the same time we get married in Mexico (non-civil) and then be able to enter the US anytime that is feasible for us (i.e. after the honeymoon).

At this point, both the K1 and K3 are taking around 6 months.

If you are married in Mexico, you need to file for a K3. A K1 is to bring your foreign fiance to the US to marry in the US.

If you do not have your visa before you are ready to drive to Tucscon, she will not be able to cross the border (unless she has a valid tourist visa in which case she can also be turned away for having immigrant intent on a non-immigrant visa). Having K1 or K3 paperwork in process does not equal a visa. A Mexican national cannot enter the US without a visa.

You may want to rethink part of your plans - as I responded to your other post, you truly cannot make plans during this process as it is impossible to know what twists and turns may happen. In the past several months we have seen hundreds of lives and plans turned upside down due to USCIS and US government error in regard to K1 and K3 visas. It's simply impossible to know how much longer it is going to take them to get things back to normal and even then, there are way too many variables to plan anything until the visa in her hand.

[Mew 0]

Having plans that fit an estimate timeframe may be extremely hard when we're waiting for approvals. Many people have made plans and had to call them off or postpone them. You could get RFE's or get caught in security checks for quite some time, or USCIS may simply take a long time to approve a petition. Then, there's the consulate to deal with.

It is my understanding (I may be mistaken, and you guys, correct me if I am) that your fiance would be able to go to the U.S. provided she shows strong ties to Mexico, that is, evidence that she doesn't have any intention to stay for good (steady job, lease agreement, property). In that sense, waiting for a K1 could be seen as a good thing (you're going through the legal way to get her in the U.S.) or a bad thing (the immigrant officer at POE) might see the pending K1 as a red flag.

Hopefully VJs with Mexican fiances would be able to give you more info on that.

[kitkat1 5]

It is my understanding (I may be mistaken, and you guys, correct me if I am) that your fiance would be able to go to the U.S. provided she shows strong ties to Mexico, that is, evidence that she doesn't have any intention to stay for good (steady job, lease agreement, property). In that sense, waiting for a K1 could be seen as a good thing (you're going through the legal way to get her in the U.S.) or a bad thing (the immigrant officer at POE) might see the pending K1 as a red flag.

This would be the case if she has a valid tourist visa already in hand. But even then, it can go either way at the border - it would be very risky to make the plans to fly out of Tucscon for the honeymoon because she could very well be denied at the border. I would suggest flying out of Mexico City instead to avoid all of that potential heartache.

I would also recommend that if the visa interview or the border crossing comes AFTER the religious ceremony in Mexico, that she is extremely careful to never never never uses the word "husband" as this will most certainly cause further confusion, problems, and heartache.

[Kirsten L 0]

Because I was told that it could take up to 6 months to get the K3 visa from the date of marriage. Hopefully, we will get the K1 visa around the same time we get married in Mexico (non-civil) and then be able to enter the US anytime that is feasible for us (i.e. after the honeymoon).

If you are married in Mexico, you need to file for a K3. A K1 is to bring your foreign fiance to the US to marry in the US.

This is exactly my point from before. I don't think what you're planning is actually quite legal, mfarmer2. You'll need to be really careful with your choices because if you accidentally botch this, it could mean denials down the road for the two of you. You definitely don't want that!!!

[Mew 0]

This would be the case if she has a valid tourist visa already in hand. But even then, it can go either way at the border - it would be very risky to make the plans to fly out of Tucscon for the honeymoon because she could very well be denied at the border. I would suggest flying out of Mexico City instead to avoid all of that potential heartache.

I would also recommend that if the visa interview or the border crossing comes AFTER the religious ceremony in Mexico, that she is extremely careful to never never never uses the word "husband" as this will most certainly cause further confusion, problems, and heartache.

Yes, she'd have to show strong ties to get the tourist visa (which is difficult - consulates are tough and "picky") *and* at the POE, right? Getting a tourist visa doesn't mean she'll be allowed to enter, so there's a chance that the officer would simply deny her entry. I agree, kitkat, it's a risky thing and getting a flight from Mexico sounds like a better plan.

[Kirsten L 0]

I don't understand what you mean by non civil. Does that mean you will just have the ceremony for family but not actually sign any legal papers? If that is the case then yes you can file for K1 and then marry in the US in the June timeframe if your timeline goes on plan. You can not be married in Mexico legally and then file for K1 since that is a fiance visa with the intention of you marrying in the US.

Again, exactly what I was thinking. Yup, watch your step, mfarmer2!

[Mew 0]

This is exactly my point from before. I don't think what you're planning is actually quite legal, mfarmer2. You'll need to be really careful with your choices because if you accidentally botch this, it could mean denials down the road for the two of you. You definitely don't want that!!!

They can get "married" before getting the visa provided it's not a legal-binding ceremony. The OP said that they'll have the civil marriage in the U.S., so I'm assuming it'll be just a religious ceremony of some kind. Also, they should be careful at the interview. Addressing each other as husband and wife or mentioning a "wedding" might cause trouble at the consulate and could be considered grounds for denial, from what I've read.

[Lewis 0]

It is my understanding (I may be mistaken, and you guys, correct me if I am) that your fiance would be able to go to the U.S. provided she shows strong ties to Mexico, that is, evidence that she doesn't have any intention to stay for good (steady job, lease agreement, property). In that sense, waiting for a K1 could be seen as a good thing (you're going through the legal way to get her in the U.S.) or a bad thing (the immigrant officer at POE) might see the pending K1 as a red flag.

This would be the case if she has a valid tourist visa already in hand. But even then, it can go either way at the border - it would be very risky to make the plans to fly out of Tucscon for the honeymoon because she could very well be denied at the border. I would suggest flying out of Mexico City instead to avoid all of that potential heartache.

I would also recommend that if the visa interview or the border crossing comes AFTER the religious ceremony in Mexico, that she is extremely careful to never never never uses the word "husband" as this will most certainly cause further confusion, problems, and heartache.

Kitkat1 very good points. I crossed to El Paso from Juarez while our petition was pending no problem, but she had a 10 year tourist visa. We also had evidence of return but they never asked for it. Also, we were just visiting the El Paso area and returning that day to Juarez, which is very common in that spot.

[mfarmer2 0]

To clarify, yes, just the ceremony portion will be held in Mexico. We will not be officially married until she gets her K1, enters the US, & we get married.

The big question is whether she will be allowed to enter the US while waiting for her K1 visa? She does have a tourist visa. Can she enter on that?

Is there anyone from the US Border Patrol that can answer these questions?

[Lewis 0]

Here's how I found out:

http://www.visajourney.com/forums/index.ph...6&hl=Juarez

Yes, she can, just bring evidence of return to Mexico.

Edited August 5, 2006 by Lewis