DCF in Mexico City - File now or in January in our situation?

[MexicoExpat 18]

I'm a temporary resident of Mexico living in Mexico City and have been since August 2018. My residence is currently being renewed for a period of 3 years. Starting from February 2019, I sponsored my wife (Indonesian citizen) for residency here in Mexico, but due to the long processing times as of late, it's just now reaching the end stages. She should finally have her residency card in the next two weeks I believe. 

 

My wife is also a B1/B2 visa holder since February of 2018. We have made several short (1 month or less) trips to the US during that time, all for tourism. No overstays, clean record. 

 

Since this time, and during the long wait of her Mexican residency being processed, we've decided that moving permanently to the US is what we want. I've looked into and found that in general, DCF at the USCIS office in Mexico City should be fairly quick (5 months total). I've also heard reports that as of late, the whole process (including interview in Juarez) is taking more like 8-9 months. 

 

Our plan is to move to the US in Summer of 2020. My original plan was to apply in January of 2020 to meet that timeline.

 

My main reason for wanting to wait is that we have two planned entries into the US between now and the end of the year. First is a one week stay around Thanksgiving before catching our flight to my wife's country of origin. The next is on the way back, landing in the same airport and staying a week around New Years, while on the way back to Mexico, our current country of residency. 

 

My concern, and reason for wanting to wait until January to do it, was that I fear the interrogation we may receive while trying to make 2 entries into the US on her B1/B2 with a pending Green card application in process. I would be traveling with her both times and feel we can reasonably make our case for her entering as a tourist, as we are just doing long transits in the US during the holidays on the way to her country of origin on the way out and our current country of residency on the way back.

 

I also thought it may look bad if we apply right after she received her Mexican residency, even though we began the (supposed to 5-6 week) process back in February 2019, but may be overthinking things. 

 

With the recent news of longer wait times, and closures in Juarez and Monterrey supposedly directing I-130 applications to Mexico City, I'm wondering if I'm making a mountain out of a molehill out of the two entries on her B1/B2 and Mexican residency status, and if we should just go ahead and file once she receives her Mexican residency card so we can make our target move date of Summer 2020. 

 

I know that no one can predict the waiting times, but if the two things I've mentioned above aren't as big of a deal as I'm thinking, it would likely be better to just file soon. If it still only took 5 months, we would have her immigrant visa earlier than expected and a bit more breathing room to sort out our affairs in Mexico before making our move in the Summer of 2020

[geowrian 22,337]

I would suggest filing the I-130 via DCF now. Nobody knows when exactly the Mexico City FO will be closing, but all signs that all international FOs will be closing in early 2020 and they usually stop accepting new cases within 60+ days of filing.

You can file the I-130 now via DCF, then hold off on proceeding with the visa until Summer 2010 easily. Going slower is rarely an issue....going faster is almost always the problem.

The I-130 being filed shouldn't be a significant impact on visiting IMO. No entry is guaranteed, but so long as one is not abusing the privilege to visit (including staying more in the US than abroad), it usually is not an issue.

 

Edit: Also, the interview wait time for CDJ is several months anyway.

Edited September 2, 2019 by geowrian

[MexicoExpat 18]

Thanks for the reply. I think you're right that we are well within our rights to use her visa as intended and just need to be fully prepared to show that when we enter. 

 

In that case, it will likely be best if we file as soon as she receives her card. Is there likely to be any problem that I don't currently have my card as my residency is being renewed?

 

I have the paper showing my process as submitted that I was told I could use in the event that I needed to prove I was a resident. And my wife's residency is a result of me sponsoring her under mine. 

[johnnydobbins 1]

49 minutes ago, MexicoExpat said:

My original plan was to apply in January of 2020 to meet that timeline.

I would not wait --you can get the I130 approved and then deal with scheduling the visa appointment more liberally, likely stretching it out to match your timeline.  Don't miss your chance to DCF and get that part covered fast and easy; you'll be miserable waiting on the "mail it in" method.

[johnnydobbins 1]

11 minutes ago, MexicoExpat said:

Is there likely to be any problem that I don't currently have my card as my residency is being renewed?

 

They are going to want to see the card, most likely.  But, having said that, when I showed mine last week the guy seriously asked for more proof I'd been living in the country for more than three months.

 

Either way, you'll likely have your card back from immigration before you get your i130 appointment.

[MexicoExpat 18]

1 minute ago, johnnydobbins said:

 

They are going to want to see the card, most likely.  But, having said that, when I showed mine last week the guy seriously asked for more proof I'd been living in the country for more than three months.

 

Either way, you'll likely have your card back from immigration before you get your i130 appointment.

Things have been taking an incredibly long time here in Mexico City as of late for all things residency related. I'm hoping that's the case but know people who waited 3-5 months to get their card back during a renewal. 

 

I'm hoping mine comes back in time but if an appointment opens up while my wife already has her card, I'll likely have to book it and turn up and explain my situation.

[Just Paul 4,595]

My wife in Filipina and we processed DCF thru Mexico last year this time.   We were able to get her Mexican visa quickly Hong Kong.  It only took 5 hours.   Once she got to Mexico we did her registration and it took about 6 weeks to get her green card.  The friday after getting her card I filed in CDJ.   I wouldn't worry about waiting once you are eligible. 

 

The dates you are hearing on here for CR1 visas don't apply to DCF.  You can look at our timeline.  Our initial appointment was 5 months when stateside processing was yielding 7  to 8. Once we got to the consulate stage I was able to move up the date by checking the website.  We ended up at 3 and half months and we could have gone earlier but I had travel schedules.

[MexicoExpat 18]

Thanks for the replies everyone. I guess I really do just need to do this as soon as possible, as I can always delay the following steps, rather than hope the process speeds up midway through. 

 

A change of our overall plan is certainly in order, though our travel dates will remain the same. Is there any issue if we are out of Mexico for 1.5 months shortly after we file the I-130? We will be out of Mexico from just before Thanksgiving until just after New Years. 

 

I'm just trying to plan for a worst case scenario, where my residency card takes forever to come back, and we can't get an appointment until soon before we leave Mexico on our trip. Is there anything we need to be physically present in Mexico for after submitting the I-130? 

 

I have someone in my building who could receive any mail on my behalf if that's a crucial step. 

 

 

[Just Paul 4,595]

1 hour ago, MexicoExpat said:

Is there any issue if we are out of Mexico for 1.5 months shortly after we file the I-130?

No issue.   Technically once the I-130 is filed you can leave Mexico and never return.

 

 

[Juliet57 304]

Looks like you've made your decision.

Just fyi the whole process if you don't file via DCF is from a year and a half to 2 years approx. 

[HRQX 4,145]

22 hours ago, geowrian said:

all signs that all international FOs will be closing in early 2020 and they usually stop accepting new cases within 60+ days of filing.

Not all of them: https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations

[geowrian 22,337]

5 minutes ago, HRQX said:

Not all of them: https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations

Thanks...I didn’t see this yet.

[Sarah&Facundo 595]

My husband entered the US more than once on his B2 visa while his K1 visa was in process. No issues. 

[Just Paul 4,595]

3 hours ago, Sarah&Facundo said:

My husband entered the US more than once on his B2 visa while his K1 visa was in process. No issues. 

The best thing to do  is to have the B2 before petitioning.

[MexicoExpat 18]

On 9/3/2019 at 11:06 AM, Juliet57 said:

Looks like you've made your decision.

Yes, unfortunately, we are still unable to file until my Mexican Residency card comes back. I visited the Migracion office in Polanco on Thursday to get an update, and they told me "you just need to wait" and could not provide any sort of time estimate, although they showed they are currently working on renewals from the beginning of July and mine was submitted the beginning of August. So I'm likely to wait at least another month. 

 

My wife originally submitted her Mexican residency application (sponsored by me) at the beginning of February, and she was just called in to do her fingerprints last week. Her card should be available within the next week, but the timelines provided by Migracion here are never accurate. 

 

Just so frustrating to be legally within our right to do DCF here, but unable to do anything until Migracion decides they'll actually give us our residency cards.