Help with my unique situation

[kitkat1 5]

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?

It's a case by case basis. If the Border Patrol guy woke up on the wrong side of the bed, she can be denied even if she has all the proof in the world. A tourist visa does not guarantee admission to the country - it guarantees the opportunity to try and nothing more. (Read through the 212 forum to see how many people on Visa Waivers were turned away at the point of entry in the US). There is not way to know for sure which is why I said that flying out of Tucson is extremely risky. Making any plans whatsoever regarding when she will legally be able to enter the US with the K1 is risky.

Add to that the potential confusion (at the border, at the interview) between a civil ceremony and a religious ceremony - you may not be "legally" married, but it could still very well present confusion and problems down the road - there are so many opportunities for them to believe you are already legally married and to require you to file for a K3.

My suggestion is to avoid all the potential confusion by NOT planning to fly out of Tucson. I would go so far as to say that you should not plan the religious ceremony until she has the visa in her hand. Once she has it, she has 6 months to enter the US so you could still get married there. But I would be extremely nervous about the problems that could come up due to having already had a religious ceremony there.

The K1 is much more difficult process than it appears on the surface and there are a ton of variables. At this point, after all I've been through with it, I would go to a lot of effort to remove any potential problems from it until it's 100% over.

Hope this helps.

[mfarmer2 0]

Thanks Lewis for the good news. Only problem is I don't know what we can bring to prove that she will be returning to Mexico as our flights leave from Tucson to Houston to Buenos Aires (and vice versa for the return trip).

Any suggestions?

I appreciate everyone's input!!! This forum ROCKS!

[Lewis 0]

Read these threads, the first one is the best:

http://www.visajourney.com/forums/index.ph...5&hl=Mexico

http://www.visajourney.com/forums/index.ph...3&hl=Mexico

[Mew 0]

Thanks Lewis for the good news. Only problem is I don't know what we can bring to prove that she will be returning to Mexico as our flights leave from Tucson to Houston to Buenos Aires (and vice versa for the return trip).

Any suggestions?

I appreciate everyone's input!!! This forum ROCKS!

Prove that she'll be returning to Mexico would be proof of strong ties (employment letter, lease agreement, property), everything she'd have to show to get a tourist visa, plus maybe a ticket from Tucson back to Mexico. However, I'd be very much inclined to take kitkat's advice.

[kitkat1 5]

Thanks Lewis for the good news. Only problem is I don't know what we can bring to prove that she will be returning to Mexico as our flights leave from Tucson to Houston to Buenos Aires (and vice versa for the return trip).

Any suggestions?

I appreciate everyone's input!!! This forum ROCKS!

mfarmer, I wish you the best of luck but hope you consider changing your travel plans. People with tourist visas in hand are turned away at the border every single day. And as you can imagine, scrutiny at Mexican borders is very high.

According to USCIS, she needs to "establish to the satisfaction of the officer that she has binding ties to a residence in a foreign country which she has no intention of abandoning, and that she will depart the United States after her trip. It is impossible to specify the exact type of evidence required since applicants’ circumstances vary greatly. Examples of such evidence may include: copies of bank statements from a bank in your home country, evidence of ownership of property or residence in your home country, a letter from her employer showing what date she is required to report back to her job, etc"

[Lewis 0]

Seriously take some time to analyze the situation ok? I also think kitkat's advice may be well taken. My situation was unique, I crossed and came back the same day as do many people in Juarez/El Paso. Why not fly out of Mexico city? It does make much more sense when you consider the risks of being denied entry.

You still have plenty of time to plan this, relax, read these threads and keep asking questions ok?

[JenT 0]

The subject line of your post states that you have a 'unique' situation. What about your situation do you consider to be unique? All of us here want the most expeditious resolution to our being apart from the one that we love. If you take some time to absorb some of the stories present on this board, you will discover that shortcuts, in many cases, lead to problems and delays... and trying to predict the timing of anything is a futile exercise.

Our K1 petition has been approved and is on its way to Frankfurt Embassy and we are still not planning a wedding date... there are too many outside influences that can affect anyone's case... including the mood of any official that you happen to encounter either during border crossing or interview...

We each took the time to choose what we felt to be the 'path of least resistance' based on our own situations, but for many of us, that path was chosen after a lot of research and understanding of the risks involved with each alternative.

Take everyone's advice with a grain of salt, but I would NOT dismiss the opinions of those who are 'living' the process under similar circumstances (ie: Mexico)... if you do, it would be at great risk.

Jen

Here's an example... of an unpredictability....

http://www.visajourney.com/forums/index.ph...c=24826&hl=

[kitkat1 5]

The subject line of your post states that you have a 'unique' situation. What about your situation do you consider to be unique?

Well, in all fairness, it is somewhat unique because not many people have a religious, non-legal ceremony in another country before their K1 has been approved - which may or may not end up being the case here. I have seen several posts of people in Asian countries who have done something similar - only to have the consular officer accuse them of already being married.

So both situations really concern me. I think vivamexico did the same thing and they did not encounter any problems. But their honeymoon did not hinge on flying out of the US. Certainly many people have no trouble whatsoever crossing with a tourist visa - but if you simply want to cross for the day, like Lewis, it's not a huge inconvenience if they turn you away. It is if you are not only going to miss your flight but screw up your honeymoon. And you have to keep in mind that a tourist visa does not in any way guarantee entry to anyone. I recently read the following on one lawyer's website:

WARNING: Just because you have a visa, you are not guaranteed to enter the United States when you arrive. You must be inspected by an immigration officer, who could deny you entry.

So mfarmer, you need to know that your plans are risky and no one here wants to see you end up in a bad situation. (we cannot take anymore heartache after the recalls and delays!) Think it through, keep reading and consider changing your plans - in the end you just want to be in a position to make a well-informed and educated decision.

[KarenCee 3]

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?

Well...the thing with that is (the ceremony)...what if the USCIS thinks it's a legit marriage? If they think or suspect that it might be legitimate, you most likely will be denied and have to file a K-3. This question gets asked a lot here. Like everyone else has said, ya best be careful.

[Delete This 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.

Been there....Done that.... It didn't work. In my case my fiance had already pruchased a tourist package to the US long before we were engaged and filed the I129F. We felt it would be a good time to use it before it expired during our wait for the K1 to be approved. We were very honest both in our DS156 and DS157 as well as with the interviewing consular. We made it very clear that we had an I129F on file, I was her fiance sponsoring the trip and that she fully intended to return to Japan to complete the K1 process. The consular thanked my fiance for her honesty and said she looked forward to seeing my fiance at her K1 interview in a couple of months. The visa was denied. Apparantly My fiance could not demonstrate sufficient ties to Japan. This was last March. Last July we had a succesful K1 interview in Tokyo !......All it is,,,,is time...you have to be patient.

[Ladylethal 12]

Your intentions are all legal and possible, but your timeline could be delayed as the process can be rather random at times, and she could be denied entry on a whim of the border official.

[Canuck Carrie 1]

How will she explain her USA entry to CBP? Going on her honeymoon with a USC is a big red flag, regardless of the proof of ties to Mexico.

While not your exact situation, this explains a lot of CBP issues.

Edited August 6, 2006 by Canuck Carrie

[luvaLimey 0]

IMO, the OP should seek the advice of a good immigration attorney and not rely soley on the adivce given here. Some of the advice given here is very good, but some isn't.

An immigration attorney, and especially one who had experience with Mexican nationals coming in on a family-based immigration visa would be able to clarify what's legal and what's not. If the religious ceremony you are planning is recognised by the Mexican government as legally binding even without paperwork, you'd have to start over with a K3 after the K1 was denied at the consulate. Then you'd miss your honeymoon.

[Perseverance 1]

Our lawyer told me that we should in no way exchange vows, or have ANY type of ceremony before our process was all finished and he was here. He said that he has seen people have ceremonys that they do not think are any big deal, for the family or whatever and then find out later that it was more legal than they thought and they have to start over with a K3

[AlmostMex 0]

Heather, Having a church ceremony only is pretty common in Mexico and in no way considered legal by Mexico and therefore the US doesn't consider it legal either. You have to have a civil ceremony in Mexico in order to be legal.

As far as the OP's question, I'd say you'd be much better flying out of Mexico if at all possible to avoid potential disappointment and a cancelled trip of your dreams. Like everyone's said so far, it all depends on who you get at the border, and in all likelihood, you would get turned back at the border. Why risk this at this point?