**PLEASE HELP!!!**

[acrosstheuniverse 1]

Hello,

My name is Colton and under the advice of a couple free consulations with lawyers, me and wife got married in Mexico back in August with the intention of filing the i130 to bring her here. I am a US citizen and she is a Mexican citizen. It sounded good at the time because she needed to stay in Mexico for another year to finish her law school so it seemed to fit what we were looking for. However, looking back we both realize that we should have waited to get married and filed the K1 fiance visa so that it would be easier for us to plan our wedding next summer (due to a shorter processing time compared to the i130), and also for the fact that she would not have to go to Ciudad de Juarez like she would if we filed the i130. She is very scared to go to that city and I'm scared for her to go. My question is this: Is there any way for us to still bring her here under the K1 fiance visa? I never translated the marriage license to English or reported to the US that I got married in Mexico, so could we still file a fiance visa to bring her here and just sign the papers in a legal ceremony here too? If not, what steps would we have to do to be able to do it that way? This is such a big headache for both of us because we want to be able to plan our wedding next summer (which will be in the US) without the stressful possibility of the i130 visa not processing in time, and we would like to avoid any dangerous situations like Ciudad de Juarez. That city is a blood bath.

If there is no way for us to file the K1 fiance visa right now because we got married in Mexico before, would a "technical" divorce work? Would it work for us to get a divorce in Mexico quickly so that we can file the K1 fiance visa? Or would that look really bad when we are filing the K1 fiance visa that the records showed that we recently got divorced??? Please help me, any suggestions would be greatly appreciated.

Thanks,

Colton

[thelastpetitioner 218]

no,k-1 is for fiance,not marriage

US consulate is capable of doing background checks on your wife in mexico,so you cant cover the marriage.

anything like a technical divorce and what not could also get considered fraud.

im sorry but youre stuck with I-130

[acrosstheuniverse 1]

So if we are stuck with the i130, is there any other place we can get interviewed other then Ciudad de Juarez? We're not worried about the interview, we have phone records over the last couple years to completely prove we are a legit couple, but is there ANY other place we could possibly get interviewed?

[joenlemy 2]

Even though your married, you can still file the I129F. I did. Our I130 was approved 1st. Everything I've read suggest it to be a good idea to file both. 1st the I130 then as soon as you receive the NOA that it has been received you file the I129F. You need to make sure you send all necessary documents along with your I129F. since I had already sent the I130 they waived the filing fee for the I129F. Good Luck

[thelastpetitioner 218]

you could have requested another embassy in your package.even that wouldnt have guaranteed getting your interview at a different consulate considering it depends on how busy the desired consulate is,however if i were you,i would call the Ciudad de Juarez embassy and ask them if its possible.

[egospiers 0]

I'm not sure about the marriage aspect and how you can manage this, but if you file a K-1 fiance visa in Mexico, you will still have to go to the consulate in Juarez, as this is where they process the visas and the interviews take place, I've had this same issue with my fiance in Mexico and the K-1. I posted a question regarding this consulate awhile back and others responded with the same fears, but from what I heard from other posters my mind is more at ease with the prospect of going to Juarez (of course I'm not letting my Fiance go alone)

Good Luck!

[thelastpetitioner 218]

I'm not sure about the marriage aspect and how you can manage this, but if you file a K-1 fiance visa in Mexico, you will still have to go to the consulate in Juarez, as this is where they process the visas and the interviews take place, I've had this same issue with my fiance in Mexico and the K-1. I posted a question regarding this consulate awhile back and others responded with the same fears, but from what I heard from other posters my mind is more at ease with the prospect of going to Juarez (of course I'm not letting my Fiance go alone)

Good Luck!

+1 to this,its usually recommended that you go to the interview with your wife,you wont be allowed near the interview booth or room or wherever the interview takes place,but never the less,it will help your fiance calm down and maybe make your petition look better?specially since juarez is a really dangerous place and COs are aware of it

Edited November 6, 2010 by ygr

[villaspurs 65]

Just out of curiosity, why would a marriage visa (as opposed to fiance visa) go to a different embassy for the interview? I thought they all went to the same places--for example, my husband would have gone to London no matter what we had applied for. Is this not the case in other places?

[JA Tam 7]

Colton, you can file the I-129F for a K-3 visa, which is the marriage-based version of the fiance visa. You should not have to pay the $455 fee. Take a look at the info for the form on the uscis website: I 129F form.

All the best to you.

[amykathleen2005 441]

A fiance visa is for a fiance, not a wife. If your marriage it is recognized in Mexico then it is recognized here. You are married no matter where you go. It would be a very bad idea to get a divorce and then try to get married again with a K-1 because it would show that all she wants is to get into the US. Continue with the I-130, go with her to the interview later so you know she is safe.

[NigeriaorBust 4,087]

You already have an I 130 in the works and in the computer system. There is no way to get unmarried and if you did try to get the K1 and it is discovered that you are married then you would be looking at her getting a lifetime ban. Many couples safely go through the same location and I am sure you can get lots of advise on where is safe to stay.

[acrosstheuniverse 1]

Thanks for all the replies everyone! It is all greatly appreciated! I am not very familiar with the K3 visa, what are the benefits of it? Thank you all again!

[Danilu 11]

Cd. Juarez is the only place where Mexicans applying for both fianceé and spouse visa must go...there's no other way!

Well ,the benefit is that visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely.

[Gary and Alla 3,694]

Hello,

My name is Colton and under the advice of a couple free consulations with lawyers, me and wife got married in Mexico back in August with the intention of filing the i130 to bring her here. I am a US citizen and she is a Mexican citizen. It sounded good at the time because she needed to stay in Mexico for another year to finish her law school so it seemed to fit what we were looking for. However, looking back we both realize that we should have waited to get married and filed the K1 fiance visa so that it would be easier for us to plan our wedding next summer (due to a shorter processing time compared to the i130), and also for the fact that she would not have to go to Ciudad de Juarez like she would if we filed the i130. She is very scared to go to that city and I'm scared for her to go. My question is this: Is there any way for us to still bring her here under the K1 fiance visa? I never translated the marriage license to English or reported to the US that I got married in Mexico, so could we still file a fiance visa to bring her here and just sign the papers in a legal ceremony here too? If not, what steps would we have to do to be able to do it that way? This is such a big headache for both of us because we want to be able to plan our wedding next summer (which will be in the US) without the stressful possibility of the i130 visa not processing in time, and we would like to avoid any dangerous situations like Ciudad de Juarez. That city is a blood bath.

If there is no way for us to file the K1 fiance visa right now because we got married in Mexico before, would a "technical" divorce work? Would it work for us to get a divorce in Mexico quickly so that we can file the K1 fiance visa? Or would that look really bad when we are filing the K1 fiance visa that the records showed that we recently got divorced??? Please help me, any suggestions would be greatly appreciated.

Thanks,

Colton

No, And she would still have to go to Juarez for the interview. No way to avoid that. hey, look at it this...MOST people there do not get killed in the drug war. I would imagine the risk to someone minding their own business and going to the US consulate during the day is pretty slim.

[Fandango 1,439]

Cd. Juarez is the only place where Mexicans applying for both fianceé and spouse visa must go...there's no other way!

Well ,the benefit is that visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely.

To be clear, those are the bennies of the CR1, not K-3.

Colton, as previously stated, she'd have to go there anyways, I don't understand the panic.

And as to whether you can file a fiancee visa, think about it...is your WIFE a fiancee? No? There's your answer.

Asking an immigration forum community whether you should withhold information about your situation to purposely give off a wrong impression to USCIS is a big no-no, btw.