please help, lost, scared and confused!

[loveacanuck 0]

I will try to make my story as short as possible, so bear with me and thanks in advance for reading. I am American, my fiance is Canadian, and we are trapped in Mexico. He has Mexican residency, and we want to get married as soon as possible and move back to my home state. We have paid a lawyer a lot of money so far, but we still do not understand what we do. We were going to marry here in Mexico and apply for a K3, but we found out today that we cannot get a mexican marriage license as our divorce decrees must be older than one year. We have been together almost 4 years, but his divorce decree was only finally granted this month. Plan B. K1? We need to get back to the states as soon as possible as we have a child that needs to be enrolled in junior high school as soon as reasonably possible. Again, we are trapped in Mexico, as we cannot afford to move to Canada until this all goes through as we are saving now for the move back to the states. On top of it all, my fiance was denied entry last November when he was coming to meet me for the hoidays for no other reason than they didn't believe he was going to leave the states (even though he had proof of ties, and a return plane ticket). Our family cannot be separated anymore, we cannot afford to maintain separate households, we have no one to help us out. (except our lawyer, which I am beginning to wonder about) We, like many I see on this website are in a waiting room, waiting for our lives to settle and begin, and stuck in transit. What is the fastest, best way to live happily ever after? Should we travel to another country entirely and get married, then return to Mexico to proceed wth the K3, or is that even a valid option? Should we apply for the K1 instead and get married in the States? Is this a long process? Again, trapped in Mexico, no money to leave except to go to the States ( I own my own home there, just waiting to bring my family home). and our son cannot even go to school here as he does not speak fluent Spanish. We have all documents needed, just blindsided by this divorce older than a year mexican law. Any advise, experience, anything would be greatly appreciated, we are so scared, we do not know what to do. There is a quote, "a fish and a bird can easily fall in love, but where will they nest?" No kidding!

[Old Dominion 26]

Sorry things are so difficult and hope things work out in some way.

What about marrying in another Central American country or in the Caribbean? Anyway, no matter what, getting him a visa into the US will take at least six months after applying for a spousal visa. Plan on it.

Edited July 8, 2010 by Old Dominion

[trailmix 77]

Since you can't get married and are unwilling or unable to leave Mexico, your only option is the K1. It's not complicated so you really probably don't need a lawyer, but that is up to you.

You start by filing the I-130 and I-129F petitions. You mail them to USCIS. Once that is approved your file will briefly pass through the national visa center on its way to the consulate where your Husband/wife will have their interview. Once approved the intending immigrant is free to move to the U.S. You must marry within 90 days and then apply to adjust the immigrant's status (more paperwork, more money at that stage).

When you apply to adjust their status, after you get married in the U.S., they cannot work until they receive their employment authorization document (EAD) or green card, whichever comes first. They also cannot leave the U.S. until they get their advance parole (AP) or green card, whichever comes first.

That's about it. They then get a 2 year conditional green card, after two years they must lift those conditions (ie: prove you have a bonafide marital relationship).

At the top of this page is a Guides tab. Click on the K1 guide for details, it will tell you step by step what you need to do.

If you were both willing to move to Canada and get married now, you could pursue a CR1 visa. I just mention it as an option.

Edited July 8, 2010 by trailmix

[JimVaPhuong 4,863]

The K3 is effectively dead. It's original intention was to provide a way for the spouse of a US citizen to wait for their green card while they stay in the US, just like a K1 visa holder can. This was at a time when a CR1 visa took a long time to get. The process has changed, and the CR1 and K3 petition usually arrive at the National Visa Center at the same time. When this happens, the NVC will now close the K3 petition, and proceed with the CR1. In other words, don't bother with a K3 - odds are you'll end up with a CR1 anyway. The only real difference at the petition stage is that you don't have to file an I-129F form for a CR1. A CR1 also costs about $800 less than a K3.

You can't get a CR1 unless you can get married first. This appears to be a barrier in your case.

If you decide to pursue a K1 then you won't have to get married first. A K1 is also generally faster to get than a CR1. Overall, a K1 costs considerably more than a CR1, but the bulk of the expense comes AFTER your fiance arrives in the US and you get married. The green card filing fee is $1010.

You're probably looking at 6 months or more to get a K1, from the time you file the petition until the time of the interview. There is zero chance you'll get either a K1 or CR1 before the fall semester begins. It simply cannot be done that quickly.

There's a good comparison of the different visa types here:

http://www.visajourney.com/content/compare

Just out of curiosity, has your fiance tried to get a B2 visitor's visa to the US? A visitor's visa can be obtained in a matter of weeks, and it would at least get you both out of Mexico for the time being.

[loveacanuck 0]

Thank you for all the advise so far. Maybe a K1 is the way to go. They will not give him a B2 visitor's visa because he is Canadian and does not need a visa to travel to the States. However, along with that rule that he doesn't need one, they denied him entry anyways and the attorney says that if he tried again and runs into another immigration officer having a bad day, they could ban him for good. So, there lies the fear. We were thinking of going to another country and getting married (we used to live in Belize, Wedding Destination Hotspot) and returning to Mexico to have the interview, etc. since he is a resident. I haven't even heard of the CR1, I need to look that one up. We just want to do it the fastest, safest way possible. We have nothing to hide, and are trying to abie by all laws. I know we won't make fall registration, but we have a school in the states that is willing to work with us over the internet until we get there. Its just hard for a kid to be out of school and away from kids his own age for too long. I wish we could afford to move to Canada and get it done from there, but its just financially not an option. Does anyone have an opinion if the K1 is faster than the CR1, provided we can marry in another country and do the paperwork from Mexico and the CR1 becomes an option? I thought you had to do the paperwork from the country you got married in, but I know some countries, such as Belize, do not even have consulates equipped to do it. Thank you again, it really helps to have others to talk to that understand this confusing system. Whew! I am exhausted!

[trailmix 77]

I haven't even heard of the CR1, I need to look that one up. We just want to do it the fastest, safest way possible. We have nothing to hide, and are trying to abie by all laws.

The K1 is probably faster, basically you do the majority of the paperwork after you are in the U.S., with the CR1, you do it upfront, the CR1 is cheaper and the person becomes a permanent resident when they enter, ie: they can work right away.

But if speediness is your only concern, you will probably want to go with the K1.

You can do the paperwork and mail it in from wherever, you are probably confusing the K1 with the K3, with the K3 you must interview in the country you were married in.

As for your lawyer saying your Husband might be banned if he tries to enter the U.S. again - that seems a bit odd. Many Canadians here at VJ have been denied entry (some more than once) and still managed to successfully visit after that. There is nothing wrong with attempting to visit as long as he brings a lot of strong ties to Mexico and is completely up front and honest.

[keka 1]

I haven't even heard of the CR1, I need to look that one up. We just want to do it the fastest, safest way possible. We have nothing to hide, and are trying to abie by all laws.

The K1 is probably faster, basically you do the majority of the paperwork after you are in the U.S., with the CR1, you do it upfront, the CR1 is cheaper and the person becomes a permanent resident when they enter, ie: they can work right away.

But if speediness is your only concern, you will probably want to go with the K1.

You can do the paperwork and mail it in from wherever, you are probably confusing the K1 with the K3, with the K3 you must interview in the country you were married in.

As for your lawyer saying your Husband might be banned if he tries to enter the U.S. again - that seems a bit odd. Many Canadians here at VJ have been denied entry (some more than once) and still managed to successfully visit after that. There is nothing wrong with attempting to visit as long as he brings a lot of strong ties to Mexico and is completely up front and honest.

Hello well , who told you that you have to get one year with the divorce? I dont think thats true , México is one of the countries more easy for get married . .

The only "hard" thing for get is the permission of migration for let you married with him , translations and not to much . .

You are in México city? . . if yes im sure that you can get married there . . everything is easier if you are in Mexico city , sometimes in deferents states are more difficult . .

The k1 takes time . . all the visas takes time i dont know why THIS MUCH OF TIME!!!

I understand your feeling , im feel lost with out him , we dont have kids and we was never married before , we want to start a new life , and being here just waiting until they let me be with him sucks . . but not to much that i can do . .

Be strong and try to find the information by yourself , REMEMBER the lawyers in México is a good way for lost your money . .

http://www.mexperience.com/guide/weddings/getting_married.htm

Check this and im sure that you can find more information for get married

Im almost sure that you can . .

i hope it helps

[thongd4me 69]

Since you can't get married and are unwilling or unable to leave Mexico, your only option is the K1. It's not complicated so you really probably don't need a lawyer, but that is up to you.

You start by filing the I-130 and I-129F petitions. You mail them to USCIS. Once that is approved your file will briefly pass through the national visa center on its way to the consulate where your Husband/wife will have their interview. Once approved the intending immigrant is free to move to the U.S. You must marry within 90 days and then apply to adjust the immigrant's status (more paperwork, more money at that stage).

When you apply to adjust their status, after you get married in the U.S., they cannot work until they receive their employment authorization document (EAD) or green card, whichever comes first. They also cannot leave the U.S. until they get their advance parole (AP) or green card, whichever comes first.

That's about it. They then get a 2 year conditional green card, after two years they must lift those conditions (ie: prove you have a bonafide marital relationship).

At the top of this page is a Guides tab. Click on the K1 guide for details, it will tell you step by step what you need to do.

If you were both willing to move to Canada and get married now, you could pursue a CR1 visa. I just mention it as an option.

Yes, K-1. My divorce was finalized last July 13 (anniversary coming up!) and I sent in the completed K-1

application before the end of August. We are expecting to get her GC a few weeks before the 1 year anniversary of the K-1,

but we waited the full 3 months before applying for the AOS.

[loveacanuck 0]

Yes, K-1. My divorce was finalized last July 13 (anniversary coming up!) and I sent in the completed K-1

application before the end of August. We are expecting to get her GC a few weeks before the 1 year anniversary of the K-1,

but we waited the full 3 months before applying for the AOS.

Can I ask you how long it took from when you sent the K1 paperwork in August, to the time she was allowed to enter the US? I understand the process after entry, but we just need to enter the US as soon as reasonably possible. Thank you all again for your help!

[thongd4me 69]

Can I ask you how long it took from when you sent the K1 paperwork in August, to the time she was allowed to enter the US? I understand the process after entry, but we just need to enter the US as soon as reasonably possible. Thank you all again for your help!

You can see my timeline; she entered the US on December 29 and we

were married December 31, 2009. That was close to the record time for

Thailand for the last 6 years.

As far as Canadians filing from Mexico are concerned I can't really say,

except to say that if there is no irregularity or implication of fraud or overstay

of a previous visa in question, you are wasting your time with a lawyer

and you should add at least 3-6 months to the time that took me

to get my wife here.

Don't expect them to expedite your case any faster than that; your application

will not be given any greater weight unless you have a convincing argument

that is to THEIR advantage, like your spouse has the cure for cancer.

Edited July 8, 2010 by thongd4me

[thongd4me 69]

Hello well , who told you that you have to get one year with the divorce? I dont think thats true , México is one of the countries more easy for get married . .

The only "hard" thing for get is the permission of migration for let you married with him , translations and not to much . .

You are in México city? . . if yes im sure that you can get married there . . everything is easier if you are in Mexico city , sometimes in deferents states are more difficult . .

The k1 takes time . . all the visas takes time i dont know why THIS MUCH OF TIME!!!

I understand your feeling , im feel lost with out him , we dont have kids and we was never married before , we want to start a new life , and being here just waiting until they let me be with him sucks . . but not to much that i can do . .

Be strong and try to find the information by yourself , REMEMBER the lawyers in México is a good way for lost your money . ***

http://www.mexperien...ing_married.htm

Check this and im sure that you can find more information for get married

Im almost sure that you can . .

i hope it helps

*** - I don't see the need for a lawer in Mexico at all; the non-USC partner is from CANADA.

The K-1 or other type of family-based visa has to be filed from the US side if I'm not mistaken.

Mexican law does not apply.

Mexican lawyers might think they can fix anything if the pesos are good enough. Creo que no.

[loveacanuck 0]

*** - I don't see the need for a lawer in Mexico at all; the non-USC partner is from CANADA.

The K-1 or other type of family-based visa has to be filed from the US side if I'm not mistaken.

Mexican law does not apply.

Mexican lawyers might think they can fix anything if the pesos are good enough. Creo que no.

Sorry, I wasn't clear, the lawyer I hired is from the US. I have to file the K1 visa from States-side, I think. The US lawyer advised that he enters on a tourist visa, then get married and file a Adjustment Of Status. I don't know, from what I have been reading, this sounds "iffy" at best. We don't want to do anything wrong, this is our entire lives we are talking about. He was already denied entry last year for no good reason, and was treated worse than a criminal by US immigration (they went as far as locking him in a room alone for over 9 hours, denying him water and bathroom, pushing him up against a wall hard enough to leave a bruise, and told him to go get his proof of ties and return, which he did and they laughed in our face and denied him again. Believe me he did not provoke any mistreatment by these people, he is a peaceful Canadian for Petes Sake!) It just complicates things that we are not in my country, or his original country, and the fact that we want to get our child settled in "normal Life" as soon as possible. I have also read about a DCF? I am not a resident of Mexico technically, but I do hold a joint lease in Mexico with him. I have to go back to the states every few months, so I never filed for residency. Does anyone think that if we got married in another country (where there is no Divorce Decree Must Be Older Than 1 Year Rule) and return to Mexico, We could pursue the DCF? So many options to choose from, yet it seems to be no clear option. We don't care when or where we get married, as long as we can go home soon. Thanks again, this is like therapy!

[Dodi 69]

You have to be a legal resident to use DCF, but trust me, we tried the B2 visa thing by our shady lawyer's advice and he got denied. It cost us valuable time/money, and we're still waiting. Make a hop to the Caribbean if you can and get married, then go back to Mexico, or ask around and see if you can get a waiver for the 1-year thing based on him being separated from his spouse for 4 years. It's possible, if you ask the right people. And don't stop asking till you find someone who will help you. Persistence will probably be your best friend in your situation.

Have you paid this attorney anything yet? Because it sounds like they are trying to give you very bad advice. My advice, as a non-attorney, is to RUN (not walk) the other direction. Marry your fiance, and apply for the CR1. It'll still take you some time (about 7 to 9 months) but it'll be easier than a K1 with your current situation, and he'd be able to work immediately upon entry. (It's also half the price of a K1).

Hope this helps.