visa for long term relationship

[mixtedee 0]

My partner lives in Mexico, and we've been together for over 5 years now. In that time, we've built a business together and are currently in the process of purchasing a lot to build a house together. I travel down to visit him & check in on the business about once every 4-6 weeks. Eventually I'll move there, but I still have 2 children in school and still have a full time job based in the US which is why I stay here most of the time. While I enjoy the travel & in some ways it is necessary for the business, it would be a relief if sometimes he could travel up here to visit me.

 

Last year he applied for a tourist visa, said his plan was to come visit me for 1 month, and was denied. I can't recall the exact verbiage but along the lines of the immigration official didn't believe his intent lined up with the purpose of the visa. We've been waiting for time to pass before he reapplies, and I'm worried about making a wrong move that limits our future options.

 

Tourist visa really lines up with our current intent. I will continue to travel down to Mexico and just want some flexibility so he can come up here too. I am concerned that 1) if he applies again for tourist visa and is denied, it could make getting a fiance or spouse visa more difficult or even impossible and 2) even if he were to get a tourist visa, I am worried he'll be honest (as required) upon US entry about visiting me and be denied. In fact one of our yoga instructors who has been to the US many times was very nearly denied entry this past spring when coming to study at our local affiliate school. 

 

After 5 years together, in spite of being in different countries, we are absolutely committed to each other and marriage is out there in the future. We *want* to get married, but we don't want to *have* to get married in order to be able to come and go between both our countries; however if that ends up being the reality, that's what we'll do. 

 

So should he try for the tourist visa? Are the risks too high that he'd be denied & it would negatively impact a fiance or spouse visa in the future? Or if he does get it, will he even be able to come visit me? Or should we suck it up and get married to please immigration (again even though we want to, having it imposed feels tainted in some way)?

[VNN 147]

• He does not need to lie (and he should not lie), lies can come back and hurt in the future.
• If the situation has not changed much, the chance he gets his tourist visa approved will be still slim but no one will know this for sure.
• No, denials on tourist visa will no hurt for different type of visa (K-1/CR-1) 

Marriage is a big commitment but being together for 5 years, you may already know if it is the right move - just do not do the wedding for the sake that you are allowed to file CR-1  

Edited September 21, 2018 by RTLE

[Just Paul 4,594]

Having the Tourist Visa(s) denied won't play into the Spousal Visa.  

 

If you have property in Mexico you can apply for Permanent Residency, which might after 6 months, allows you to do a Direct Consular Filing for a CR1 visa saving you a lot of time. 

[mixtedee 0]

I have read about DCF but it requires residency in Mexico. My residency is in the USA. DCF would be the best option hands-down when I eventually move to Mexico, but that's at least 5 years down the road. While marriage would enable receipt of temporary residency, and while permanent or temporary residency card is required for DCF filing, it seems they also require evidence of actual residency. Otherwise it'd be possible to simply get married in Mexico, get temporary residency card, submit DCF for CR1 and be done with the whole thing in a few months.....and it can't just be that easy, right?

 

Marriage to Mexican citizen:

As a foreigner married to a Mexican citizen, you can apply and receive your temporary residency right away by providing proof of the marriage and proof that your Mexican spouse can financially support you here in Mexico.

The married foreigner will receive one year of temporary residency; the residency will be renewed for a second year. Upon renewal, in the third year, you may apply for either permanent residency which never expires, or you may wish to apply for Mexican citizenship.

 

I-130 requirements @ USCIS Mexico City

 

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• Permanent/Temporary Resident Card issued by Mexico
• Instituto Federal Electoral (IFE)/Voting Card

• In addition, other evidence of residency may include, but is not limited to:

• Passport entry stamp
• Residency permit or card
• Utility bills
• Housing lease
• Work contract or other employment documents
• Proof of local registration
• Military orders
• Bank statements
• Proof of school enrollment
• Vehicle registration
• Valid local driver’s license
• Tax documents
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

[Just Paul 4,594]

Spoiler

 

You can have dual residence.  You can even get it started in the US.  https://texmexexpats.com/mexico-visa-process-part-1/

 

The minimum you need for DCF is a Temporary Resident Card.  If you have a business in Mexico you shouldn't have been traveling on a tourist visa.

 

We got married in Hong Kong and at the consulate there it took 5 hours for my wife to get her permanent resident entry visa.  In Sonora then it took a few week to get her green card.

 

You can still try for his tourist visa or get married and have him able to come via DCF within 3 to 6 of filing.

 

Note that the CR1 is an immigrant visa and he has to have plans to immigrate. Basically more than half of the first 2 years needs be spent in the US. I agree that the B1/B2 seems like a better fit but he has to show ties to Mexico and that can be hard to do.

 

[mixtedee 0]

 

5 minutes ago, Paul & Mary said:

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Note that the CR1 is an immigrant visa and he has to have plans to immigrate. Basically more than half of the first 2 years needs be spent in the US. I agree that the B1/B2 seems like a better fit but he has to show ties to Mexico and that can be hard to do.

 

 Ugh, we don't have any plans for him to immigrate, nor spend even 1.1 of 2 years in the USA...so CR1 is out. I suppose K1 is the same? We don't have any intent for him to move and/or work here. 

 

So what happens when we get married? Will it even be possible for him to get a visa since there is no intent to immigrate, and B1/B2 isn't for a spouse, right? 

 

As for the business, it's entirely in his name. I put in some capital, and I help with the website, social media, and advertising. But legally I have zero ownership of it. Which could help or hurt as pertains to visas, but it is what it is.

[Just Paul 4,594]

K1 is the same for immigrant intent. 

 

If part of the business is dependent on traveling to the US he could also apply under the NAFTA type. https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

 

You can apply for the B1/B2 visa if the reasons for his denial have improved.

 

There are people what I work with along the border and many of them have successfully obtained the B1 visa with lots of documentation. 

[mixtedee 0]

Business doesn't really fit. It's a float spa & yoga studio, so very much a local business. It would be nice if he could come up to an annual conference, but the real motivating factor in seeking a visa is to take some of the travel burden off of me in our personal relationship. 

 

I am disheartened. Reasons for tourist visa seeking/denial haven't changed. The visa was and is to come visit me so I don't have to go there all of the time. However even if he were granted the tourist visa in a future application, he could be denied entry absolutely any time he comes to visit because visiting your girlfriend would be viewed as a high risk of overstaying by CBP. Now I'm learning that even getting married won't solve it, since (oh the irony) we have no intent for him to live here.

 

Am I really looking at another 5 years of travel, and even if we get married & I move there, he wouldn't necessarily be able to travel back to the US with me for any reason?

[geowrian 22,337]

6 hours ago, mixtedee said:

Am I really looking at another 5 years of travel, and even if we get married & I move there, he wouldn't necessarily be able to travel back to the US with me for any reason?

Only USCs are guaranteed entry (although green card holders are very close to this, barring not being abroad too long or new criminal records or such).

Tourists must be determined not to have immigrant intent, so the chance for refusal with a valid visa is still low, but much higher than somebody who does not have the burden of showing non-immigrant intent.

First step is getting the visa, which is the biggest hurdle.