Want to bring fiance for visit from Mexico

[SalishSea 17,842]

 

10 minutes ago, Doug Slye said:

We have been in a battle with her sons father to get them both into the States using a fiancé visa he is refusing to allow him to leave Mexico and she refuses to leave him in Mexico.  That said we would marry in a second in Mexico but we have been advised to wait and marry in the States.  We are thinking we would just like to visit in the states since I am nearing retirement and plan on living full time in Mexico.  I am just looking for help on ideas that might help in that regard.  

Does she share custody with her ex?  How old is her child?  She won't be able to bring him as a K-2 without the father's consent.

 

Probably better to wait until the son is 18, or plan for you to live in Mexico. 

[SalishSea 17,842]

2 minutes ago, Going through said:

It's possible...tourists to Canada do this all the time.  Harder to get approved, though, as Canada has smartened up to people using them as a "stepping stone" to get into the US.

Exactly....same mythology that leads people to believe they can reset their stay in the US by stepping into Canada for a week.

[Doug Slye 1]

Just now, Jorgedig said:

 

Does she share custody with her ex?  How old is her child?  She won't be able to bring him as a K-2 without the father's consent.

 

Probably better to wait until the son is 18, or plan for you to live in Mexico. 

The kid is 10, and they have shared custody.  I already live in Mexico and have permanent resident status there.

[SalishSea 17,842]

1 minute ago, Doug Slye said:

The kid is 10, and they have shared custody.  I already live in Mexico and have permanent resident status there.

Then I can't see how it will work to petition them as K1-K2 unless she is willing to leave him behind.  And it makes sense.  Who wants their kid to be taken to another country to grow up?  I would never have consented to my ex moving my kids to England, where he was from.  No way, not ever.

[Going through 5,671]

19 minutes ago, Doug Slye said:

That said we would marry in a second in Mexico but we have been advised to wait and marry in the States.  We are thinking we would just like to visit in the states since I am nearing retirement and plan on living full time in Mexico. 

I'm just curious....why were you advised this?  Not being snarky, serious here---if the ultimate plan is to live full time in Mexico, and you already live in Mexico now with her....why does the marriage need to take place in the States?  What is the (perceived) benefit to this, as was presented to you by whomever gave you that advice?

[Doug Slye 1]

1 minute ago, Jorgedig said:

Then I can't see how it will work to petition them as K1-K2 unless she is willing to leave him behind.  And it makes sense.  Who wants their kid to be taken to another country to grow up?  I would never have consented to my ex moving my kids to England, where he was from.  No way, not ever.

The shared custody agreement is he has him on summers and that is when she would want to visit the States and escape the heat in Baja.  She has him in the school year since she is more responsible and makes sure he is doing his school work.  We have given up trying to bring him to the states on a visitor visa.

[SalishSea 17,842]

1 minute ago, Doug Slye said:

We have given up trying to bring him to the states on a visitor visa.

But you want to bring them both on a K visa, right?

[Doug Slye 1]

Just now, Going through said:

I'm just curious....why were you advised this?  Not being snarky, serious here---if the ultimate plan is to live full time in Mexico, and you already live in Mexico now with her....why does the marriage need to take place in the States?  What is the (perceived) benefit to this, as was presented to you by whomever gave you that advice?

I have been working with a Visa Coach in San Diego and that is what he recommended.  As for getting married in the States I was told it was faster to process the Fiancé visa that a spousal visa.  I was told it was just the best way to go....but a visitor visa seems to me what we need, she has no need or intent to immigrate to the US. 

[Going through 5,671]

3 minutes ago, Doug Slye said:

The shared custody agreement is he has him on summers and that is when she would want to visit the States and escape the heat in Baja.  She has him in the school year since she is more responsible and makes sure he is doing his school work.  We have given up trying to bring him to the states on a visitor visa.

Without his consent, not much you can do.  I can understand his position...I would not give consent for my child to live permanently away from me, either.  Especially in a country I would need to apply for a visa (and risk a denial of that visa) to visit my child.

[Doug Slye 1]

2 minutes ago, Jorgedig said:

But you want to bring them both on a K visa, right?

No I just want to bring her up on a visitor visa...we have no intent for her to immigrate.  We have given up working with the father for any visa for the kid.

[Going through 5,671]

1 minute ago, Doug Slye said:

I have been working with a Visa Coach in San Diego and that is what he recommended.  As for getting married in the States I was told it was faster to process the Fiancé visa that a spousal visa.  I was told it was just the best way to go....but a visitor visa seems to me what we need, she has no need or intent to immigrate to the US. 

Yeah, if she has no intent to actually immigrate, then a B visa would best suit her needs---have her apply and find out.

[Doug Slye 1]

1 minute ago, Going through said:

Yeah, if she has no intent to actually immigrate, then a B visa would best suit her needs---have her apply and find out.

I need help in preparing her to answer the questions of the interviewer so they fully understand we have no intent of her staying in the States.  I have no intent to stay in the States.  We just want to visit.  What can I do to produce the confidence that she is NOT going to stay?

Just now, Doug Slye said:

I need help in preparing her to answer the questions of the interviewer so they fully understand we have no intent of her staying in the States.  I have no intent to stay in the States.  We just want to visit.  What can I do to produce the confidence that she is NOT going to stay?

What kind of proof would be helpful for them to see this picture?

[SalishSea 17,842]

16 minutes ago, Doug Slye said:

I need help in preparing her to answer the questions of the interviewer so they fully understand we have no intent of her staying in the States.  I have no intent to stay in the States.  We just want to visit.  What can I do to produce the confidence that she is NOT going to stay?

What kind of proof would be helpful for them to see this picture?

You can't prepare her.  She just needs to tell the truth, which, as you've explained it here to us, is that she has a life with you and her son in Mexico and has no desire to immigrate.  Evidence brought to interviews is not always considered.  I'm not sure what the DS-160 looks like these days, but also be truthful there.

[Doug Slye 1]

3 minutes ago, Jorgedig said:

You can't prepare her.  She just needs to tell the truth, which, as you've explained it here to us, is that she has a life with you and her son in Mexico and has no desire to immigrate.  Evidence brought to interviews is not always considered.  I'm not sure what the DS-160 looks like these days, but also be truthful there.

OK thanks for the help and for listening!

[Going through 5,671]

25 minutes ago, Doug Slye said:

I need help in preparing her to answer the questions of the interviewer so they fully understand we have no intent of her staying in the States.  I have no intent to stay in the States.  We just want to visit.  What can I do to produce the confidence that she is NOT going to stay?

She answers the questions on the DS-160 honestly, and she answers the questions during the interview honestly.   Decision is made from those two things.

There's nothing you can provide for her/prepare her on how to answer...really the last thing you want is for her to appear as though her answers have been rehearsed or coached.