Some guidance needed

[kgonzalez77 0]

Greetings everyone,

I have traveled to Mexico a couple of times. In one of my trips I met my now fiancee in Teotihuacan while sight seen. We hit it off from the start, it didn't bother me that he is 6 years younger than I am. Our birthdays are just 8 days apart, I'll be 34 on Feb 8 and he will be 28 on the 16th of Feb. Since I met him we have met in Mexico City even though he doesn't live there, and one time I went to Tijuana where he is currently living and working as a teacher. We are set to get married in Mexico at the beginning of December of 2010. I went to a lawyer to ask about the process and she gave me the following information: After getting married file the I-130 petition, after receiving the NOA2 file the I-129F so that he could come to Houston. Once he is in Houston she said that we have 90 to file the I-485 Adjustment of status. She stated that this would be the fastest way to have him come to Houston. I would like to corroborate that this indeed is the fastest way, if not could someone please give me some guidance as to how we can do it in a fast way? He has visited the US as an exchange student, and as a tourist. While he was a tourist he tried to change his status to a F-1 Student Visa and this was denied, and therefore his tourist visa was canceled. He tried reapplying for a tourist visa before I met him again, and that also was denied on basis that he didn't show strong ties back in Mexico. Is this situation going to be a problem when we apply? He has never overstayed the allowed period he has been given when entering the US. And one last question, do we really need a lawyer in order to fill out the paperwork or is it something that we will be able to fill out and file ourselves?

Thanks in advance for the help.

Karla

[Samoray 165]

Greetings everyone,

I have traveled to Mexico a couple of times. In one of my trips I met my now fiancee in Teotihuacan while sight seen. We hit it off from the start, it didn't bother me that he is 6 years younger than I am. Our birthdays are just 8 days apart, I'll be 34 on Feb 8 and he will be 28 on the 16th of Feb. Since I met him we have met in Mexico City even though he doesn't live there, and one time I went to Tijuana where he is currently living and working as a teacher. We are set to get married in Mexico at the beginning of December of 2010. I went to a lawyer to ask about the process and she gave me the following information: After getting married file the I-130 petition, after receiving the NOA2 file the I-129F so that he could come to Houston. Once he is in Houston she said that we have 90 to file the I-485 Adjustment of status. She stated that this would be the fastest way to have him come to Houston. I would like to corroborate that this indeed is the fastest way, if not could someone please give me some guidance as to how we can do it in a fast way? He has visited the US as an exchange student, and as a tourist. While he was a tourist he tried to change his status to a F-1 Student Visa and this was denied, and therefore his tourist visa was canceled. He tried reapplying for a tourist visa before I met him again, and that also was denied on basis that he didn't show strong ties back in Mexico. Is this situation going to be a problem when we apply? He has never overstayed the allowed period he has been given when entering the US. And one last question, do we really need a lawyer in order to fill out the paperwork or is it something that we will be able to fill out and file ourselves?

Thanks in advance for the help.

Karla

Hello Karla

I will start with your last question, you can do this process yourself by researching and learning more information about the process, but if you think you can not handle it, you can hire a lawyer, by the way most of the people on VJ has done it themselves, it's pretty easy.

best choice for you is to apply for a K1 visa to bring him to the US as an intending immigrant and you have to get married in 90 days then adjust his statues.

but you can go for a different route which is the CR1, that you go to Mexico, marry him there, then go back to the us to file for a cr1 immigration visa for him.

check these guides and understand what best will be suitable for you

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

Good luck

[Filipinawife0210 15]

Since you are choosing to marry your Fiance in December, your attorney is correct...to a point. She is recommending that you pursue a K-3 visa. However, since the I-130 and the I-129F will be approved at the same time, the I-129F will be administratively closed, and you will be put on a CR-1 course. Save the time, and hassle, and file I-130 when you come back to the States. The wait time for a K-3 and IR-1/CR-1 is the same anyways.

As for Question 2...I wouldn't foresee any problems based on the info you provided.

Question 3. If you feel that you have a complex case, which it doesn't appear to be, hire an attorney. If you follow the guides on this site, you can file yourself, and save those attorney's fees for a honeymoon when your hubby gets here.

Take a look at the guides on this site, and begin your journey. There are tons of pros on this site ready and willing to help you through your process.

Edited November 9, 2010 by Filipinawife0210

[kgonzalez77 0]

Hello Karla

I will start with your last question, you can do this process yourself by researching and learning more information about the process, but if you think you can not handle it, you can hire a lawyer, by the way most of the people on VJ has done it themselves, it's pretty easy.

best choice for you is to apply for a K1 visa to bring him to the US as an intending immigrant and you have to get married in 90 days then adjust his statues.

but you can go for a different route which is the CR1, that you go to Mexico, marry him there, then go back to the us to file for a cr1 immigration visa for him.

check these guides and understand what best will be suitable for you

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

Good luck

Thanks, I feel pretty confident about filing the forms myself, I just wanted to make sure that because of his denials in the past after he tried to change his status from tourist to student were going to be a factor for needing a lawyer. Do you think that if instead of getting married in Mexico we apply for the K-1 fiance visa the process would be faster? I live in Houston, Texas does this mean that the Service center will be the Texas Service center?

Thanks

[Samoray 165]

Thanks, I feel pretty confident about filing the forms myself, I just wanted to make sure that because of his denials in the past after he tried to change his status from tourist to student were going to be a factor for needing a lawyer. Do you think that if instead of getting married in Mexico we apply for the K-1 fiance visa the process would be faster? I live in Houston, Texas does this mean that the Service center will be the Texas Service center?

Thanks

My bad, i overlooked that line that you said you are set to marry in December, for sure a fiancee visa will take several months as well so as Filipinawife said you either apply for a K3 non-immigrant visa or a Cr1 immigrant visa after you get married but since both take the same processing time, CR1 is the best for you as it is cheaper and you don't have to adjust status when he gets to the US.

Good Luck

[Anh map 2,098]

He enters after his interview and he is approved for a visa, not after your filing an I-129F.

The Guides here on VJ will give you a great overview of the process.

[kgonzalez77 0]

Since you are choosing to marry your Fiance in December, your attorney is correct...to a point. She is recommending that you pursue a K-3 visa. However, since the I-130 and the I-129F will be approved at the same time, the I-129F will be administratively closed, and you will be put on a CR-1 course. Save the time, and hassle, and file I-130 when you come back to the States. The wait time for a K-3 and IR-1/CR-1 is the same anyways.

As for Question 2...I wouldn't foresee any problems based on the info you provided.

Question 3. If you feel that you have a complex case, which it doesn't appear to be, hire an attorney. If you follow the guides on this site, you can file yourself, and save those attorney's fees for a honeymoon when your hubby gets here.

Take a look at the guides on this site, and begin your journey. There are tons of pros on this site ready and willing to help you through your process.

Thanks, in regards to q 3 that's exactly what I'm trying to avoid, the infamous lawyer fees!

When I went to consult with the lawyer she made it seem that it would be years before we could be together and the only way to do it faster would be to file for the K-3 visa so that at least that time we could be together. Since it looks like you also have some experience with the process, how long is it approximately? I know that the time frames are provided we have all papers sent in with the packets. This is my second marriage, and the first time all we did was file the I-130, but before any other paper work could be done we were already getting divorced, so I really didn't get the chance to know what papers were needed to file.

[kgonzalez77 0]

He enters after his interview and he is approved for a visa, not after your filing an I-129F.

The Guides here on VJ will give you a great overview of the process.

Thanks! I have been looking them over and they are pretty thorough with the process and what to expect. I was not sure how all of this goes, but I'm sure that it will be a breeze. After all, in 2003 I completed the Naturalization process on my own even though I had people recommending me to go through a lawyer.

[Samoray 165]

Thanks! I have been looking them over and they are pretty thorough with the process and what to expect. I was not sure how all of this goes, but I'm sure that it will be a breeze. After all, in 2003 I completed the Naturalization process on my own even though I had people recommending me to go through a lawyer.

yes lawyer are not smarter than us we can do it

[Filipinawife0210 15]

Thanks, in regards to q 3 that's exactly what I'm trying to avoid, the infamous lawyer fees!

When I went to consult with the lawyer she made it seem that it would be years before we could be together and the only way to do it faster would be to file for the K-3 visa so that at least that time we could be together. Since it looks like you also have some experience with the process, how long is it approximately? I know that the time frames are provided we have all papers sent in with the packets. This is my second marriage, and the first time all we did was file the I-130, but before any other paper work could be done we were already getting divorced, so I really didn't get the chance to know what papers were needed to file.

Average right now is 5-9 months depending on which Service Center they send your package to. My package for my wife flew through the USCIS. It has reached a stand-still at the VSC, but I know it'll happen soon enough. The biggest hurdle for this process is proving you have a bona fide relationship. There is a lot of extraneous paperwork in my opinion. Study up on the IR-1/CR-1 guide, and you should be fine and dandy. Hope this helps. If you have questions once you get your paperwork going, don't hesitate to ask!

[kgonzalez77 0]

Average right now is 5-9 months depending on which Service Center they send your package to. My package for my wife flew through the USCIS. It has reached a stand-still at the VSC, but I know it'll happen soon enough. The biggest hurdle for this process is proving you have a bona fide relationship. There is a lot of extraneous paperwork in my opinion. Study up on the IR-1/CR-1 guide, and you should be fine and dandy. Hope this helps. If you have questions once you get your paperwork going, don't hesitate to ask!

How do they decide which service center it goes to? Do you have any ideas? I live in Texas and I was under the impression that it would be sent here to the Texas Center. I have also been told that it could go to the California Center since my fiancee is now in Tijuana. I'm lost when it comes to that.

As far as proving that you are bonafide, what are some of the items that can prove this? I can't give them a lease because we don't live together, and that kind of limits what we can present i would think. I tried adding him to my bank account, and they request that the person be present and in order for that to happen he needs to be here! LOL We do have pictures from when we have met, and emails as well as phone records. I hope these suffice the requirement to prove that we have been in contact since we met. I also know that my passport has been stamped at least 4 times when I have traveled to Mexico to go see him.

Thanks

[Filipinawife0210 15]

How do they decide which service center it goes to? Do you have any ideas? I live in Texas and I was under the impression that it would be sent here to the Texas Center. I have also been told that it could go to the California Center since my fiancee is now in Tijuana. I'm lost when it comes to that.

As far as proving that you are bonafide, what are some of the items that can prove this? I can't give them a lease because we don't live together, and that kind of limits what we can present i would think. I tried adding him to my bank account, and they request that the person be present and in order for that to happen he needs to be here! LOL We do have pictures from when we have met, and emails as well as phone records. I hope these suffice the requirement to prove that we have been in contact since we met. I also know that my passport has been stamped at least 4 times when I have traveled to Mexico to go see him.

Thanks

There doesn't seem to be much rhyme to the madness, but I guess they send the packages to Service Centers based on current workloads. Used to be based on where the Petitioner lives. Not anymore....

I think that what you have would work fine. Include your ticket stubs, and boarding passes if you flew. Otherwise, save all your receipts too. I front loaded my package with a ton of pictures. Mostly of me with her family, and her and I together in different spots around Metro Manila, as well as pics from the wedding. I also have a few affidavits from close friends, but haven't needed them yet. But, I know how difficult it can be to add someone to a lease, or bank account. Luckily, I added my wife as the primary bene on my life insurance, AND she has a military dependent ID card too. You can save up all your proof before they ask for it at NVC though. It'll give you time to build a good proof folder.

[kgonzalez77 0]

There doesn't seem to be much rhyme to the madness, but I guess they send the packages to Service Centers based on current workloads. Used to be based on where the Petitioner lives. Not anymore....

I think that what you have would work fine. Include your ticket stubs, and boarding passes if you flew. Otherwise, save all your receipts too. I front loaded my package with a ton of pictures. Mostly of me with her family, and her and I together in different spots around Metro Manila, as well as pics from the wedding. I also have a few affidavits from close friends, but haven't needed them yet. But, I know how difficult it can be to add someone to a lease, or bank account. Luckily, I added my wife as the primary bene on my life insurance, AND she has a military dependent ID card too. You can save up all your proof before they ask for it at NVC though. It'll give you time to build a good proof folder.

I didn't think it would go down to the boarding pass! I have thrown them all away. i have my flight confirmations but not boarding passes. I have the stamps from my entry into Mexico also. WOW, I guess I better start printing away everything!

thanks

[Filipinawife0210 15]

I didn't think it would go down to the boarding pass! I have thrown them all away. i have my flight confirmations but not boarding passes. I have the stamps from my entry into Mexico also. WOW, I guess I better start printing away everything!

thanks

Flight confirmations are one thing, but you have to prove you were physically on the flight. Your passport stamps should cover for this though.

[Wayne and Claudia 40]

Thanks, I feel pretty confident about filing the forms myself, I just wanted to make sure that because of his denials in the past after he tried to change his status from tourist to student were going to be a factor for needing a lawyer. Do you think that if instead of getting married in Mexico we apply for the K-1 fiance visa the process would be faster? I live in Houston, Texas does this mean that the Service center will be the Texas Service center?

Thanks

The CR-1 takes just a little longer and will save alot of money and paperwork later... The denials should not be a problem, especially with the CR-1 since you two will already be married. Yes, Houston is in the TCC district. Good luck.