Does the U.S. Care if the Benneficiary Overstays in another Country before entry into the U.S.?

[PaulMK 6]

Hello, I am rather new to this forum, and I hope I am doing this correctly.

 

I am the U.S. Petitioner, and my Fiance is a Russian Citizen. We have received our NOA2 on the 31st of January 2023, and are awaiting the NVC to give us a case number.

 

Due to the current situations in Russia, we decided it was best for my Fiance to move to Mexico, and live with some of my friends' family.

 

We did this out of fear that the Russia would no longer allow their citizens to exit the country when they started conscripting their citizens to the war.

 

She is currently in Mexico, on a 6 month tourist visa that will expire in the coming month.

 

The problem is, that her tourist visa in Mexico is running out, and our immigration process is still months away from completion.

 

We believe best option is to have her overstay her visa in Mexico, as the consequence for overstaying a Mexican visa is a small fee. We were thinking she could pay her fee for overstaying right before immigrating to the United States, but are worried this would cause an issue at the U.S. side of the border.

 

Would the U.S. care that she overstayed her visa in another country?

[Crazy Cat 41,814]

Normally, an applicant must be legally RESIDING in a country outside their home country.  However, this might be a unique situation.  I would contact the consulate for instructions. 

[mytruelove18 608]

8 hours ago, PaulMK said:

Hello, I am rather new to this forum, and I hope I am doing this correctly.

 

I am the U.S. Petitioner, and my Fiance is a Russian Citizen. We have received our NOA2 on the 31st of January 2023, and are awaiting the NVC to give us a case number.

 

Due to the current situations in Russia, we decided it was best for my Fiance to move to Mexico, and live with some of my friends' family.

 

We did this out of fear that the Russia would no longer allow their citizens to exit the country when they started conscripting their citizens to the war.

 

She is currently in Mexico, on a 6 month tourist visa that will expire in the coming month.

 

The problem is, that her tourist visa in Mexico is running out, and our immigration process is still months away from completion.

 

We believe best option is to have her overstay her visa in Mexico, as the consequence for overstaying a Mexican visa is a small fee. We were thinking she could pay her fee for overstaying right before immigrating to the United States, but are worried this would cause an issue at the U.S. side of the border.

 

Would the U.S. care that she overstayed her visa in another country?

She need be resident in Mexico to apply for a immigration process at usa conculate, so try to get her residency in Mexico

[IWander 589]

On 3/15/2023 at 6:02 AM, PaulMK said:

Hello, I am rather new to this forum, and I hope I am doing this correctly.

 

I am the U.S. Petitioner, and my Fiance is a Russian Citizen. We have received our NOA2 on the 31st of January 2023, and are awaiting the NVC to give us a case number.

 

Due to the current situations in Russia, we decided it was best for my Fiance to move to Mexico, and live with some of my friends' family.

 

We did this out of fear that the Russia would no longer allow their citizens to exit the country when they started conscripting their citizens to the war.

 

She is currently in Mexico, on a 6 month tourist visa that will expire in the coming month.

 

The problem is, that her tourist visa in Mexico is running out, and our immigration process is still months away from completion.

 

We believe best option is to have her overstay her visa in Mexico, as the consequence for overstaying a Mexican visa is a small fee. We were thinking she could pay her fee for overstaying right before immigrating to the United States, but are worried this would cause an issue at the U.S. side of the border.

 

Would the U.S. care that she overstayed her visa in another country?

The border isn't your problem, it is getting a visa interview at the consulate in Mexico .  I know Warsaw is now conducting interviews for Russian citizens 

[SalishSea 17,803]

On 3/14/2023 at 3:02 PM, PaulMK said:

Hello, I am rather new to this forum, and I hope I am doing this correctly.

 

I am the U.S. Petitioner, and my Fiance is a Russian Citizen. We have received our NOA2 on the 31st of January 2023, and are awaiting the NVC to give us a case number.

 

Due to the current situations in Russia, we decided it was best for my Fiance to move to Mexico, and live with some of my friends' family.

 

We did this out of fear that the Russia would no longer allow their citizens to exit the country when they started conscripting their citizens to the war.

 

She is currently in Mexico, on a 6 month tourist visa that will expire in the coming month.

 

The problem is, that her tourist visa in Mexico is running out, and our immigration process is still months away from completion.

 

We believe best option is to have her overstay her visa in Mexico, as the consequence for overstaying a Mexican visa is a small fee. We were thinking she could pay her fee for overstaying right before immigrating to the United States, but are worried this would cause an issue at the U.S. side of the border.

 

Would the U.S. care that she overstayed her visa in another country?

Very much doubt that she will be able to interview in a country where she is residing illegally.  Also-  why risk her ability to ever travel to Mexico again by having her overstay?

[MishaP99 0]

On 3/14/2023 at 5:02 PM, PaulMK said:

Hello, I am rather new to this forum, and I hope I am doing this correctly.

 

I am the U.S. Petitioner, and my Fiance is a Russian Citizen. We have received our NOA2 on the 31st of January 2023, and are awaiting the NVC to give us a case number.

 

Due to the current situations in Russia, we decided it was best for my Fiance to move to Mexico, and live with some of my friends' family.

 

We did this out of fear that the Russia would no longer allow their citizens to exit the country when they started conscripting their citizens to the war.

 

She is currently in Mexico, on a 6 month tourist visa that will expire in the coming month.

 

The problem is, that her tourist visa in Mexico is running out, and our immigration process is still months away from completion.

 

We believe best option is to have her overstay her visa in Mexico, as the consequence for overstaying a Mexican visa is a small fee. We were thinking she could pay her fee for overstaying right before immigrating to the United States, but are worried this would cause an issue at the U.S. side of the border.

 

Would the U.S. care that she overstayed her visa in another country?

Paul,

I am in a VERY similar situation. My fiancée is Russian and she left Russia for the same reasons you described. She has been living in Mexico since March 2022 on one visitor visa. We went to Mexican immigration last year and they basically told her that Ukrainian and Russian citizens can stay for as long as they need given the current situation. She rents an apartment out there in her name that we both pay for. Mind you she is not a resident and there are A LOT of Russian and Ukrainian citizens living in Mexico under the same circumstances. I would have her go talk to immigration and see what they tell her. Also, I don’t know how this is going to play out during the interview and if police certificates are going to be required for Mexico. If the certificate for Mexico is required it would be near to impossible to get since she is not a resident. If anyway has information regarding police certificates for countries in which a person is not a resident it would be much appreciated. 

[Aleksis 20]

8 minutes ago, MishaP99 said:

Paul,

I am in a VERY similar situation. My fiancée is Russian and she left Russia for the same reasons you described. She has been living in Mexico since March 2022 on one visitor visa. We went to Mexican immigration last year and they basically told her that Ukrainian and Russian citizens can stay for as long as they need given the current situation. She rents an apartment out there in her name that we both pay for. Mind you she is not a resident and there are A LOT of Russian and Ukrainian citizens living in Mexico under the same circumstances. I would have her go talk to immigration and see what they tell her. Also, I don’t know how this is going to play out during the interview and if police certificates are going to be required for Mexico. If the certificate for Mexico is required it would be near to impossible to get since she is not a resident. If anyway has information regarding police certificates for countries in which a person is not a resident it would be much appreciated. 

If she does not have a Schengen visa, if I were you, I would consider the option of temporarily moving to Serbia, and not violating the visa regime of Mexico. Serbia is a visa-free country for your fiancé.

[Chancy 6,241]

20 hours ago, MishaP99 said:

If the certificate for Mexico is required it would be near to impossible to get since she is not a resident.

 

DOS Reciprocity page says there is no exception to the requirement for Mexican police certificate for K1 or immigrant visa applicants 18 years or older if they lived in Mexico for more than 6 months -- https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Mexico.html

 

Now that your fiancee has been in Mexico for more than 6 months, she will need to get a police certificate from Mexico if she wants a K1 visa from any US consulate.

 

For those who are thinking of staying in Mexico as a tourist, do NOT stay more than 6 months if you are not confident that you can comply with this requirement for police certificate.  Note that the 6 months count is total residence for 1 year (cumulative, not necessary continuous -- ie, a quick trip outside of Mexico will not reset the count).