Preparing for a Tourist Visa Renewal

[Peter Thompson 0]

Hi everyone, I have what I believe is a basic question and would truly appreciate any advice.

 

The Situation:

My girlfriend, a Mexican national, will be applying to renew her B1/B2 Tourist Visa later this year, as her 10 year visa is expiring. She applied for her current visa as a student. She has been going to the US and returning her entire life of 30+ years. No overstays or violations, nothing but a clean track record.

 

My Questions:

1. My GF now freelances and earns irregular income. Can she offset the risk of irregular income by demonstrating a certain amount of money in the bank during her interview? If so, how much?
   1. Will she even be interviewed? Or is there a reasonable likelihood that this process will be a mere formality?
2. She has no intention of immigrating to the US, but doesn't have many strong ties in MX that she can demonstrate to US authorities. She has family in Mexico, but as mentioned no formal job and no deed in her name. She has traveled to 20+ countries, I'm not sure if that helps or not. Is there anything she can do between now and her renewal in the fall to demonstrate her ties to Mexico?
3. If we get married in Mexico (I'm an American), would this have any effect on her application for a tourist visa or is it immaterial?
   
   Thank you so much for any help!

[designguy 1,179]

1. Money in the bank is not a good tie. It can easily be withdrawn. Yes she will he interviewed. It’s not a formality. That’s where you learn if you will be approved or not.

 

2. Not much she can do but be honest and present her current situation. Being a freelancer may work against her 

 

3. Being married to a USC works against you for a tourist visa as it is a big tie to the US

 

 

 

You say she has no intention of immigrating but then talk about getting married. So are you planning on moving to Mexico?

Edited February 7, 2020 by designguy

[SusieQQQ 11,587]

Correction to post above, many renewing applicants (in Mexico and elsewhere) qualify for interview waivers. Here is the relevant page for Mexico 

https://mx.usembassy.gov/visas/nonimmigrant-visas/treaty-trader/renewals/

 

Relevant extract:

 

Many renewing applicants qualify to have their interview waived.  Qualified applicants only need to appear at the Applicant Service Center (Centro de Atencion a Solicitantes).  Among them are:

 

Renewing applicants – Applicants who are Mexican or third-country nationals (residing in Mexico with FM2 or FM3 status) whose BCC, BBBCV, B1/B2, C1/D, F, H, I, J, L1, M, O, P, R and TN visas have expired within the last 12 months. The applicant MUST have the previous visa, and have never been arrested or convicted of a crime, deported from the United States, denied entry to the United States, or had any other problems or difficulties with U.S. Customs and Border Patrol when attempting to enter the United States. 

Edited February 7, 2020 by SusieQQQ

[Boiler 45,912]

The most obvious thing that she can show is your move to Mexico, must admit do not know the process, is this something you have started?

[SalishSea 18,073]

I agree that it is likely she would be required to have an interview in the current climate.  I may be wrong, but it seems interview waivers are mostly granted for elderly applicants.

[SusieQQQ 11,587]

40 minutes ago, Jorgedig said:

I agree that it is likely she would be required to have an interview in the current climate.  I may be wrong, but it seems interview waivers are mostly granted for elderly applicants.

You are thinking of the blanket waivers for under-14s and over-80s - age-based waivers which are a different rationale to a renewal waiver.
The embassy website guidelines indicate she will qualify for a waiver, assuming no infractions. There are a number of embassies that people here “expect” to be stricter for things like interview waivers, but the fact is actually that the US does reward people who have held visas and never done anything they shouldn’t have, either immigration-wise in the US or crime-wise in general, while holding those visas. Think about it logically, OP’s girlfriend has had a visa for ten years, ample time to overstay, or get married and stay, or do any of the things they worry about. Why would she toe the line for ten years, just to wait for a new visa to do something wrong? 
 

 

[Boiler 45,912]

I have seen a number of cases where the person has had children using Emergency Medicaid and has not been able to renew their visitor visa despite not overstaying, working etc.

[SusieQQQ 11,587]

3 minutes ago, Boiler said:

I have seen a number of cases where the person has had children using Emergency Medicaid and has not been able to renew their visitor visa despite not overstaying, working etc.

That counts as an infraction.  
I didn’t see mention of a US born child involved here.

Edited February 7, 2020 by SusieQQQ

[SalishSea 18,073]

19 minutes ago, SusieQQQ said:

You are thinking of the blanket waivers for under-14s and over-80s - age-based waivers which are a different rationale to a renewal waiver.
The embassy website guidelines indicate she will qualify for a waiver, assuming no infractions. There are a number of embassies that people here “expect” to be stricter for things like interview waivers, but the fact is actually that the US does reward people who have held visas and never done anything they shouldn’t have, either immigration-wise in the US or crime-wise in general, while holding those visas. Think about it logically, OP’s girlfriend has had a visa for ten years, ample time to overstay, or get married and stay, or do any of the things they worry about. Why would she toe the line for ten years, just to wait for a new visa to do something wrong? 
 

 

Thanks for clarifying, SusieQQQ.