Marriage to USC cause issues for B1/B2 visa holder?

[Jtarzana 0]

Hello all!

 

I'm a U.S. citizen, and my boyfriend is Mexican, lives in Mexico full-time, and currently has a B1/B2 visa to visit the United States. We are discussing getting married in Mexico this coming year, and plan to live in Mexico, although it is possible that I might be back in the U.S. for a few months at some point in the next two years to finish a degree. Based on peoples' current experience, I'm hoping you all can help shed light on some of our questions:

 

1) Would having married a U.S. citizen, in Mexico, be likely to cause problems for my boyfriend if he tries to enter the U.S. on his B1/B2 for business , to visit me (his wife), or if we're traveling together from Mexico to the U.S. to visit my family?

 

2) My boyfriend's B1/B2 visa is valid for the next 5+ years. Would you expect that he would be able to re-apply for another B1/B2 at that point if he is married to a U.S. citizen, and we are both living in Mexico, or would some other visa be required? The main goal here is not to live in the U.S. permanently, but to have the freedom to visit for several weeks at a time. Obviously no one knows how immigration law may change by then, but I just wanted to ask if anyone had gone through this process already.

 

Thanks so much!

 

[igoyougoduke 1,674]

1) Most likely will be denied entry on B1 due to his immigrant intent. he better have things back in mexico to prove that he will return . if he has no ties to mexico, he wil be deemed to have immigrant intent. having job in mexico and ties to mexico can show that his intent is not permanent 

 

2) you can apply for B1 but its up to consulate to grant visa or not. Surely marriage will show immigrant intent 

[SusieQQQ 11,587]

Yes, he might be denied either entry or a new visa or both. Hard to tell without seeing the evidence he can provide of ties to Mexico. If you can show you personally are a long term resident in Mexico that would probably help a lot.

[UnaMexicana 153]

On 10/1/2020 at 2:08 PM, Jtarzana said:

Hello all!

 

I'm a U.S. citizen, and my boyfriend is Mexican, lives in Mexico full-time, and currently has a B1/B2 visa to visit the United States. We are discussing getting married in Mexico this coming year, and plan to live in Mexico, although it is possible that I might be back in the U.S. for a few months at some point in the next two years to finish a degree. Based on peoples' current experience, I'm hoping you all can help shed light on some of our questions:

 

1) Would having married a U.S. citizen, in Mexico, be likely to cause problems for my boyfriend if he tries to enter the U.S. on his B1/B2 for business , to visit me (his wife), or if we're traveling together from Mexico to the U.S. to visit my family?

 

2) My boyfriend's B1/B2 visa is valid for the next 5+ years. Would you expect that he would be able to re-apply for another B1/B2 at that point if he is married to a U.S. citizen, and we are both living in Mexico, or would some other visa be required? The main goal here is not to live in the U.S. permanently, but to have the freedom to visit for several weeks at a time. Obviously no one knows how immigration law may change by then, but I just wanted to ask if anyone had gone through this process already.

 

Thanks so much!

 

Replying because I have first hand experience on this matter. Granted, every situation is different and the decision ultimately falls on the border agent.

 

1) This never caused any issues for me when I entered to visit my husband. I did it two or three times, and every time was upfront about my husband being a US citizen and living here in the US. Officials usually paused and asked why the husband did not file for me to become a resident, so I let them know that we were in process. I have a sense that if we had not been in the process it would not have made a difference. He can simply state the truth: that it is not in his plans to move to the US to live permanently.

One thing to consider here is that I had ties to Mexico: a stable job, extended family, car payment; and a spotless history of business and tourist traveling of over six years.

 

2) I was in a similar situation as a wife of US citizen: I renewed my B1/B2 while the I-130 was in process. Had no issues, Simply stated in the application that my husband was a USC and that I intended to use the B1/B2 to come visit him pending I-130 approval. Visa was renewed without any issues and I was able to visit a few times in the two years and a half that the I-130 took to be approved.

 

I UNDERSTAND THAT I MIGHT HAVE BEEN VERY LUCKY... but this is my experience. I had a job in a big company and I think my travel history helped. If they had asked for financials that might have been a different story, as I had no property other than the car payment I was making. But never encountered any issues.

 

Hope it works out for you.

 

UnaMexicana