Fiancé Visa or Tourist Visa

[MSmith6220 0]

Situation: My fiancé is a Mexican citizen and I'm a US citizen, he applied for a US tourist Visa about 8 months ago before we got engaged and the US consulate in Guadalajara denied the visa for whatever reason (no criminal record, no illegal crossings, full time employed by same company for years, etc). He does not want to become a permanent resident of the US, as we plan to reside in Mexico. We just want him to be able to visit my family in the states like once a year, also his brother has lived in Chicago for 25 years. Is it better to get married in Mexico and try for the tourist visa again, or go thru the whole process of K-1 Fiancé Visa and get married in the US? Thanks for any tips or info! 

[Roel 7,193]

Tourist visa might be the only option you have. Both fiance and spouse visa leads to green card and that's for the US residents. If you don't plan on living in the US then don'tgo that round. If you do that and he receives his green card he will have to spends most of the year living in the US. Traveling to the US once a year will result in the USCIS taking his green card away. So either tourist visa or have your family visit mexico instead. 

Edited May 13, 2017 by Roel

[geowrian 22,338]

If he wants to visit family in the US, then a tourist visa is the one to go for. A K-1 can be used to marry in the US without adjusting to permanent residency, but it's an excessively long and expensive process to only get married and stay up to 90 days, and only one time.

 

Any immigrant visa (or adjusting status after a K-1) would not work as he must maintain his permanent residence in the US. A green card is proof of legal permanent resident (LPR) status. If he is living outside the US, then that is not appropriate and is likely to be revoked.

[RetConnOff 17]

It won't be easy for his to convince a CO that the both of you never plan to take up residence in the US....because in real life, only about 2% of Amcits living outside the US stay that way....merely saying this at the interview or presenting some letter from the USC spouse means little...not impossible....just improbable...

[Penguin_ie 5,996]

I would get married in Mexico, establish your life there (job etc), and then have him apply for a tourist visa again, including proof of both his and your ties to the country.