tourist visa after k-1 denial?

[senoritacindy 0]

hi all,

thanks for all of the posts. heina, thanks for the comfort. you made me feel better.

alright, this is a brief history of what happened to us.

3 years ago yesterday (on my birthday) my husband asked me to marry him. i filed k-1 fiance papers for him in feb. 2004, and we had our appointment in cuidad juarez in nov. of 2004. the papers were denied after the whole drug thing...as many of you have said that have gone through that process, he was sent to a psychologist who told him everything would be fine, and then BAM they hit you at immigration with the denial. i was heartbroken.

i returned to the us where i had been working without my (then) fiance. it was horrible. i wanted to come directly to mexico, but my family helped me decide to finish school first. i went back to school in jan of 2005 and graduated in dec. 2005. we did our legal wedding in may of 2005. in dec. 2005 i moved to mexico, got married in the church, and i am still living here.

now we are looking at redoing our papers. obviously we cannot to a k-1 as fiances because we are married, but what i have understood from here is that we can use the k-1 as married people. also, we are planning on filing the I-130. i think that we will DCF because i am living here and have my income here. also, we cannot file in the us because we have no district that covers mexico.

the whole reason i started the post is because my hubby called immigration with some questions and they asked him why he hasnt filed for a tourist visa. the man assure him that the denial of the last one will not affect this one. i found that fairly doubtful, but i thought that i would ask here because you are all so knowledgeable.

i hope this helps clear up some of the confusion. as someone else said, it would be extremely stupid of us to try and "cheat the system" as someone suggested that we might be doing. we have both suffered plently for the mistakes and are just looking at how we can LEGALLY return to the united states to VISIT until my husband can have his papers, which hopefully will happen in another year.

ugh. 4 years of immigration heartbreak is just too much.

thanks for the support that you have offered me. thanks for reading. if you have any questions or comments, please post. also, i know that some of you have had similiar experiences and my heart really goes out to you because i know how horrible it feels.

thanks,

cindy

[kitkat1 5]

Cindy, so one important lesson here unfortunately is you can't trust what the people who work there tell you. Sad, isn't it? Don't waste your time on a tourist visa application because he will not be eligible.

I think DCF would be the best route but I know nothing about the options for this in Mexico. Keep searching and asking questions so you can get the advice you need.

Good luck!

[Traviesa 0]

Cindy, sweetie, they'll tell you whatever you want to hear if it means you might put more money into the system. Every time I think about all the WASTED expenses of our K-1 Visa, I get soooooo angry. Because now, like you, we have to proceed as married people, which brings with it a whole new set of expenses...

he was sent to a psychologist who told him everything would be fine, and then BAM they hit you at immigration with the denial. i was heartbroken.

You aren't lying Cindy. The EXACT same thing happened to us. That "psychiatrist" visit is such a joke. Write me a story, draw a picture, waste an hour of your life for me to tell you that everything's going to be fine. I was with him during the psych visit (in the waiting area) but had to leave before his interview since the Consulate, in all their diligence, decided to close for 3 days in a row for Thanksgiving. See our interview was last November, right after my birthday on the 18th. Our stories are so similar, it's almost scary. Well, at least you guys are almost done. We're in this until August, 2008, and even then it's not over, since we have to file Waivers which are now taking like 10 months to process. In the end, from the day I filed our K-1, we will have been in immigration processes for at least 4 years. I thought it was bad the day Javier was deported, but this whole drug addict thing really knocked the wind right out of me. Hang in there!

[Yodrak 7]

cindy,

You appear to be confusing petitions and visas, at least using the types interchangeably ("k-1 as married people"? no such thing). Make sure you understand which is which because you could get mis-information if people think you mean one thing when you actually mean something else.

Perhaps you should make a post in the DCF forum to prepare for submitting your I-130 petition.

....

now we are looking at redoing our papers. obviously we cannot to a k-1 as fiances because we are married, but what i have understood from here is that we can use the k-1 as married people. also, we are planning on filing the I-130. i think that we will DCF because i am living here and have my income here. also, we cannot file in the us because we have no district that covers mexico.

.....cindy

[The_dip_sticks 0]

I cant offer any advice with your situation but I do hope that every thing works out for you.

[dmartmar 1]

I don't understand why you keep mentioning a K1, if you were already told a Tourist, nor the whole "immigration next year," if you say you're not going to stay in the US.

[kitkat1 5]

I don't understand why you keep mentioning a K1, if you were already told a Tourist, nor the whole "immigration next year," if you say you're not going to stay in the US.

What part can't you read? He was denied a K-1. Then they got married. They are currently living in Mexico. When the ban is over they will apply for a spousal visa. They will then return to the US to live happily ever after. IN THE MEANTIME, she simply wanted to know if he might be able to visit the US. The Consulate in Mexico City told her, incorrectly, that he could get a tourist visa for such a visit. End of story.

[juni 0]

I think what she meant by "K1 as married couple" is filing I-129 along with I-130....

I used to read I-129/ I-129f as K1 visa................... or anything that start with I-129...

Edited November 4, 2006 by juni

[senoritacindy 0]

heina,

its so nice to find people that have been through the same thing. i found this website when we were filing our papers the first time, and every time that i check back, the same thing is happening to different people. its just so sad. honestly, it was just so painful when our visa was denied...i didnt post here for a long time...its just recently that i have been back and able to post because it was just such a painful experience for both of us.

it doesnt make me happy that other people know the pain that i have gone through, but it is nice to have people to talk to. somehow it makes it easier knowing that we are not the only people.

i will try to keep you all updated about what is happening with us...hopefully in a little bit more than a year i will have good news to report...ugh! but that seems like such a long time from now! the good thing is that the time goes by quickly.

[MPGGPM 0]

heina,

its so nice to find people that have been through the same thing. i found this website when we were filing our papers the first time, and every time that i check back, the same thing is happening to different people. its just so sad. honestly, it was just so painful when our visa was denied...i didnt post here for a long time...its just recently that i have been back and able to post because it was just such a painful experience for both of us.

it doesnt make me happy that other people know the pain that i have gone through, but it is nice to have people to talk to. somehow it makes it easier knowing that we are not the only people.

i will try to keep you all updated about what is happening with us...hopefully in a little bit more than a year i will have good news to report...ugh! but that seems like such a long time from now! the good thing is that the time goes by quickly.

I would think that if your husband, who will have served his 3 year ban, will be eligible at that time to apply for and receive an immigrant visa , that he could also then be eligible to apply for and receive a tourist visa as well. You were probably told that by the consulate because apparently they feel that your case will take a while to process. So, I agree with what the man at the consulate is telling you.....so far as your husband being eligible for a tourist visa. If he is eligible for an immigrant visa, he should be eligible to apply for the tourist visa too.

They key here is "apply". I have read and known of married couples whose spouses WERE able to obtain a tourist visa during the process. But, I can also say that being able to accomplish such a thing is rare. And I would think that most married spouses would be denied, unless they really make a strong case to the consulate as to why they would need one.

But it IS possible (although difficult) for your husband to obtain a tourist visa even with immigrant intent, as long as you both can convince the consulate he'll return. Not an easy task.......but in my opinion, worth the $100 or so dollars to try.

Although the circumstances between my wife and I , and you and your husband are quite different, the one thing I CAN relate to is being separated from your spouse for years. My wife and I have been separated for nearly 2 years (was not due to any kind of ban though...but student visa regulations).

So I can definately understand what it is like to be separated for so long......and so I really wish you luck in getting back together again. You've both obviously paid your dues.

[kitkat1 5]

All nice and fine - but she was asking about getting a tourist visa NOW while he is in the midst of the 3 year ban so that he might be able to go to the US. He is currently ineligible for ANY type of visa. So at this point applying will be a 100% waste of their time and $100. When the ban is over, everything will (should) be different.

[MPGGPM 0]

All nice and fine - but she was asking about getting a tourist visa NOW while he is in the midst of the 3 year ban so that he might be able to go to the US. He is currently ineligible for ANY type of visa. So at this point applying will be a 100% waste of their time and $100. When the ban is over, everything will (should) be different.

Might want to reread my first sentence again. That's what "at that time" generally means...

[kitkat1 5]

Might want to reread my first sentence again. That's what "at that time" generally means...

Got that - but she wasn't asking about the possibility of qualifying for a tourist visa in the future (at that time). She was looking for an option NOW.

Edited November 4, 2006 by kitkat1

[MPGGPM 0]

Might want to reread my first sentence again. That's what "at that time" generally means...

Got that - but she wasn't asking about the possibility of qualifying for a tourist visa in the future (at that time). She was looking for an option NOW.

I could have misread ...and she could always clear it up when she returns, but it seems to me when she says "4 years of immigration heartbreak is just too much"......that she might have also been looking for an option to visit while the papers are being filed and AFTER the 3 year ban was up, and not just for an option now.

Her case might take a while....and if it does indeed drag on, she should be aware that her husband could apply for and possibly..(although chances are slimmer since they're married) get a tourist visa to visit the USA in the meantime.

I would think her case is more complicated than usual, and it might take longer to process.......so she should know all of her options ahead of time.

If all she wanted was an opportunity for him to visit now, and during the 3 year ban..........than yeah....not much she can do at this point.