Want to bring fiance for visit from Mexico

[Just Paul 4,595]

15 hours ago, Doug Slye said:

We would just like her to be able to come north to visit and enjoy vacations in the States sometimes.

Unfortunately there is no US visa for that.

 

If you do K1 she will be stuck in the US 6 to 8 months until getting AP.

If you do a CR1 she needs to spend a majority of her time in the US until she gets ROC but can travel back to Mexico on Day 1

Applying in Canada as a third country national isn't going to get you a different result but could help by shoing international travel and returning to your home country. 

 

The VISA coach should have pointed this all out.

 

[HRQX 4,145]

6 minutes ago, Paul & Mary said:

If you do K1 she will be stuck in the US 6 to 8 months until getting AP.

Only if they wish to submit adjustment of status form after marriage. They can marry and return to Mexico before the 90 days are up.

[Going through 5,671]

I really don't recommend applying for the US Tourist Visa while on a Canada Visit Visa if you're seriously considering this route...

 

If I were a US Consular Officer based in Canada....I'd be wondering how truly compelling are her ties to return to Mexico from visiting the US, when all of a sudden now she's showing she's not compelled to return to Mexico from Canada and instead extending her stay abroad?

[Doug Slye 1]

2 hours ago, Going through said:

I really don't recommend applying for the US Tourist Visa while on a Canada Visit Visa if you're seriously considering this route...

 

If I were a US Consular Officer based in Canada....I'd be wondering how truly compelling are her ties to return to Mexico from visiting the US, when all of a sudden now she's showing she's not compelled to return to Mexico from Canada and instead extending her stay abroad?

To expand more on the situation I will explain the following.  My fiance shares custody with her son's father and he will be spending his time with him until September 15 2019.  She has a court order to be back in Mexico then to take custody of her son.  If she misses that date she will lose custody of him and she can be charged with abandonment and thrown in jail, I think that is a compelling reason for her to return to Mexico.  In addition, she owns several businesses that cater to Americans and those businesses go dead in the summer when the Americans leave Baja when the weather gets brutally hot.  For the past 2 years she and her son traveled to Canada to spend the summer to return in time for school to start in mid -August.  This year his dad has custody until September 15 so we will have more time.  We chose the Vancouver area for her because my business is in the Seattle area where I also own a house, in addition to the house I own in Mexico.  I use the Seattle house about 10 days per month when I am not in Mexico or traveling for work.  I call Mexico home and the states work....I was hoping to do the tourist visa in Canada simply because it will be where she will be in a few days, getting the visa interview from Mexico will be in Tijuana and she has already had a rude interview there and she is intimidated that she will have the same experience again.  Also it would require a trip to Tijuana and then back south to Cabo where she will depart to Canada, since she can not connect anyplace in the States to get to Canada.  When I ask about how to prepare her to get the visa I am asking what documentation that she could show that would help them understand we live in Mexico, I live in Mexico and am a permanent resident of Mexico.  In a few years I will sell my house in the States and move to Mexico.  Our only motive to have a visa for her is to be able to travel and vacation in the States, she needs to be in Mexico so she can care for her son, the father will NOT take him other than on his vacation times when he does not have to deal with the kid going to school and needs help with school work.  Both me and my fiance are completely focused on raising the kid, we just have a court order saying the dad has him on vacation times.

[Dashinka 24,517]

4 hours ago, Paul & Mary said:

Unfortunately there is no US visa for that.

 

If you do K1 she will be stuck in the US 6 to 8 months until getting AP.

If you do a CR1 she needs to spend a majority of her time in the US until she gets ROC but can travel back to Mexico on Day 1

Applying in Canada as a third country national isn't going to get you a different result but could help by shoing international travel and returning to your home country. 

 

The VISA coach should have pointed this all out.

 

Actually, that is exactly what the B2 visa is for, visiting.

[Dashinka 24,517]

On ‎7‎/‎8‎/‎2019 at 10:49 PM, 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. 

That is only if you are actually planning on bringing your fiancé to the US to stay as an LPR and potentially a naturalized USC.  As you stated, there is no plans for her to immigrate to the US, so a visa coach is unnecessary as a B2 is the proper option for her to visit.  As @geowrian mentioned, you could pursue a K1 as sort of a visitor visa, but it is time consuming and expensive, and she certainly would not get it soon.

 

Good Luck!

[Dashinka 24,517]

20 hours ago, Mollie09 said:

If she applies again, I would find a way to highlight the fact that you are a Mexican PR and intend to remain in Mexico. That's the strongest reason she has to return.

I would think that might be more help if they were actually married.  Instead she is essentially a single woman looking for a B2 visa.

[Doug Slye 1]

On 7/10/2019 at 3:01 AM, Bill & Katya said:

I would think that might be more help if they were actually married.  Instead she is essentially a single woman looking for a B2 visa.

How do they validate marital status if we marry in Mexico?

[SalishSea 17,842]

40 minutes ago, Doug Slye said:

How do they validate marital status if we marry in Mexico?

Marriage certificate, translated to English if required.

[Dashinka 24,517]

35 minutes ago, Jorgedig said:

Marriage certificate, translated to English if required.

What they ^^^^^ said.

[epix_nandos 0]

I would like to point out one fact missed by the OP and in the thread. The visa coach was correct to recommend not to marry & go the K1 route. That's their best shot. 

 

The OP would actually not be treated as a PR of Mexico by the VO. He still works in the US - "spends 10 days a month in Seattle house the months he is not in Mexico". I am guessing to supplant his income to maintain his lifestyle in Mexico. This rule would apply in corrolorary, if someone was a GC holder & working outside the US - he/she would have been deemed to have abandoned his/her US GC status. 

 

Hence OP, you need to make up your mind on how much ties you want to have to the US. You unfortunately cant have it both ways & the CO would be correct to deny your fiance/gf B1/B2. The best shot for her B2 would be for you to quit your US job, sell your Seattle house and move permanently to Mexico & fully sustain yourself in Mexico. Under that scenario, I could see her B2 being approved as she is truly using it for its correct purpose & can prove she has no immigrant intent as you have no more ties left to the US. Till then I only see a denial.

Or a K1 for you guys to permanently live in the US. 

Edited July 19, 2019 by epix_nandos