Can you guys help me? Thank you

[lola12 1]

Hi Everyone,

I have a concern and I am hoping you guys can help me out. I am a us citizen and I am finishing filling out all the form required for the K-1 visa for my Mexican finacee. I know Immigration will be doing a background check on both Myself and my fiancee in Mexico. She is currently in Mexico, she had a tourist Visa B2 and while having the B2 visa she attented high school in los angeles and has a suspended drivers licenses in california, she tried to renew her tourist visa and was denied in august 2010, is this going to affect us in anyway? can I file for the K-1? I want her with me. Thank you very much in advance.

[canadian_wife 1,822]

did she ever accumulate any unlawful days in the US? I assume by attending high school and getting a driver's licence, she was in the US for a significate amount of time. Could you clarify how long she was in the US and her ages?

Good luck

PS - the denial of the tourist visa itself is not grounds for denial.

[Penguin_ie 5,993]

In addition to canadian_wife's questions, also we need to know why her DL was suspended- esp if it had anything to do with DUI.

In any case, you can petition her for the K1, but if she had unlawful presence, drug convictions or some other stuff, she may be denied and then need a waiver which will make things complicated.

[lola12 1]

She has never had a DUI, actually she has a suspended drivers license because of an old speeding ticket that she didnt pay. but she already went to court, this is before her Tourist visa expired in 2009. The dmv told her that it shows as suspended because she still needs to pay more money. no drug convictions, she studied high school in los angeles while she had the B2 tourist visa, she was 15, 16, 17, 18, 19 years old, she is now 26 years old. she went back to Mexico after her visa was expired in 2009, so she didnt overstayed her visa.

Is this going to cause her any problem? Is Immigration going to find out she study high school in Los Angeles? can this affect our petition? I am sending the package on Dec 2010. Thank you very much, and do you guys know how long will this process take in Mexico?

Thank you very much:)

[Penguin_ie 5,993]

Immigration will find out when she was in the USA/ that she went to school here. I am still unclear about her tourist visa usage: Are you saying she stayed in the USA from age 15 to 25 (her age in 2009)? Was this continuously, at least for the years she was in school? Or did she keep going back and forth? Because tourist visas are usually valid 10 years, but you can only stay in the USA for 6 months at a time.

The process takes 6-8 months if there are no issues.

[canadian_wife 1,822]

I agree with Penguin, just because her tourist visa expired in 2009, does not mean she had permission to remain in the US until 2009. It is exceptionally rare for a person to be granted admittance into the US for longer than 6 months on a B-2 visa(and those who are, are generally for humanitarian or medical reasons - not simply to attend high school) How long was she in the US continuously? Did she enter at 15 then leave when she was 26? Did she leave the US every 6 months?

Still need more information

Good luck

[lola12 1]

When she attended high school she would go back and forth to Mexico, Never more then 6 months. she enter when she was 15 and would go back and forth to Mexico. she never stayed more then 6 months at a time.

Thank you