BajaNomad

marrying a mexican national?

TonyC - 7-12-2013 at 01:15 PM

I want to marry her and get to Ca. Is it easier to get married there and then file for an immigrant visa or do the fiancee visa?

BajaBlanca - 7-12-2013 at 01:29 PM

You can call any immigration attorney and the first consult is usually free. That is a good question.

DENNIS - 7-12-2013 at 04:02 PM

Does she have a Passport...or is this just Luv talkin'?




.

[Edited on 7-12-2013 by DENNIS]

VISA

DaliDali - 7-12-2013 at 05:03 PM

Quote:
Originally posted by DENNIS
Does she have a Passport...or is this just Luv talkin'?

[Edited on 7-12-2013 by DENNIS]


A passport from Mexico or any country will not get you into the USA.

What is needed for this bride in waiting is a VISA for legal entry.
Either the provisional fianc�e visa or a spousal visa.

DENNIS - 7-12-2013 at 05:13 PM

Quote:
Originally posted by DaliDali

A passport from Mexico or any country will not get you into the USA.




I'm glad you said that, and I didn't.
Live with it.

classicbajabronco - 7-12-2013 at 06:34 PM

I am married to a mexican and did it after 9/11. Any advice from people doing it earlier is irrelevant.

The easiest way to do it, is to get a k1 fianc� visa and then get married in the states. I got married in mexico and it made things more difficult. The other easy way is if she already has a usa visa, or can get one is to marry her on us soil, and then deal with immigration, they will give you a k2 spouse visa which is good while you jump through the immigration hoops.


Just so you know, it is a pia. I'd hire an attorney if I was to go about it again. $3k and its a done deal.

BajaBlanca - 7-12-2013 at 07:30 PM

Tony, if you are in San Diego, the immigration attorney I used many moon ago was a man named Pieter Speyer. Not sure if he is still in business, but he was very professional.

[Edited on 7-13-2013 by BajaBlanca]

BajaBlanca - 7-12-2013 at 08:07 PM

Looked him up and found this number. 858. 551-6888 and this blurb:



Our law firm located in La Jolla, California focuses on Immigration Law as well as International Law between the United States, Mexico, Latin America and Spain.

For more than 30 years, we have been providing a broad range of high quality legal services to a wide range of clients, including both businesses and individuals, most frequently in the area of the U.S./Mexican border.

Our emphasis on Immigration issues includes Business and Family Based Visa work of all kinds as well as defense against Fines Penalties and Forfeitures; Detention, Deportation and Removal.

Our practice includes representation before the United States Department of State; the Department of Homeland Security including U.S. Citizenship and Immigration Services, U.S. Border Patrol, Immigration and Customs Enforcement, U.S. Customs and Border Protection;the U.S. Department of Justice; the United States District Courts in California, the United States Court of Appeals for the 9th Circuit and the courts of the State of California.

Our foreign practice is conducted with the assistance of local attorneys in the foreign jurisdictions where clients' needs take us.

Our entire staff is completely fluent in English and Spanish.

Heather - 7-12-2013 at 09:44 PM

Definitely get the fiance visa first....you can always go back for a beautiful Baja wedding ceremony in her hometown.

We got married first in Cabo...thinking it would be easier to get a visa after the wedding...but it was 3 years of living in Playas de TJ before hubby got his US residency!

I did all the paperwork myself...lots of hoops to jump through, but doable on your own...especially with Internet help.

I also got residency visas for my step-sons (after hubby and I were living state-side)....too bad they never wanted to leave BCS for more than a visit or 2....

Ken Cooke - 7-12-2013 at 10:29 PM

My Wife and I took the K-1 Fiance Visa route. She lived in Colombia, so we married in Las Vegas, NV but we got the okay in Bogota for her to leave the country. I filed her K-1 papers on May 1, 2009 and our interview/approval was October 9th, 2009. I utilized the flowcharts on www.visajourney.com in order that I could avoid paying expensive Attorney fees.

Here are some helpful links:
http://www.visajourney.com/reviews/ [Reviews of Embassies/Consulates]

Slowdown in Processing Times at Embassies:
http://www.visajourney.com/news/2013/05/10/uscis-service-cen...

US Immigration Guides:
http://www.visajourney.com/content/guides

K1 Process Flowchart:
http://www.visajourney.com/content/k1flow

K1 Forum:
http://www.visajourney.com/forums/forum/80-k-1-fiancee-visa-...

Good luck with everything!

-Ken

[Edited on 7-13-2013 by Ken Cooke]

Mulegena - 7-12-2013 at 11:33 PM

Watching this thread with a similar, personal interest.

Has anyone experience in getting a tourist visa for their Mexican spouse?
He's not interested in getting US residency, just a visit north with me occasionally.

With due respect to the subject of this thread which is permanent residency, you can u2u me.

Btw, happy anniversary to Ken and Leidys Cook who met 5 years ago today! Here's to Love!

classicbajabronco - 7-13-2013 at 06:52 AM

Quote:
Originally posted by Mulegena
Watching this thread with a similar, personal interest.

Has anyone experience in getting a tourist visa for their Mexican spouse?
He's not interested in getting US residency, just a visit north with me occasionally.


We tried this 1st as my wife wanted the same. They denied her the visa for the sole reason she was married to a us citizen. They figured once in she would never leave. I had driven up to tj from csl for the appointment which cost $135 if I remember correctly. When she came out and told me she had been denied(only the applicant can go to the interview) I went apesheeet and started a big commotion until they agreed to let me in and speak with the agent. This time around I got her visa. I told them we live and work in csl, and only we only wanted go have her meet my family.

The visa was a problem for her to travel with, everytrip north she got hassled with, she missed several connecting flights due to the hassling. Secondary every single time driving. After that we decided to get a greencard for her. Since the greencard, travels have become smooth. We live in baja full time, and didn't really need the greencard, but it was well worth it. Much less stress traveling.

BajaBlanca - 7-13-2013 at 07:49 AM

Now that is odd....with a green card, there is a limit as to how much time you can spend OUT of the US without losing it.....right? That's the way it used to be.



The good thing about Pieter Speyers is that he is on a personal name basis with the immigration agents and when there is a question about anything, they call him, and this saves time. Also, he is so respected, that if he accepts a case, they are assured it is a valid case. But, yes, there is a price to pay!


[Edited on 7-13-2013 by BajaBlanca]

shari - 7-13-2013 at 09:20 AM

blanca...it was much easier for Juan to get his tourist visa for the USA with my help...we were going to visit family in Canada so just transiting the states but he still had to get the visa...it is a 10 year visa which is nice. I went with him.

You make an appointment in TJ which takes about a month (after getting the passport in La Paz) We had addresses and a letter from my family stating we were staying with them.

There is alot of paperwork to present like marriage certificate, proof of residence here,work slips to prove he had a job & would come back to work and not stay in the states.

Ken Cooke - 7-13-2013 at 10:13 AM

Quote:
Originally posted by Mulegena

Btw, happy anniversary to Ken and Leidys Cook who met 5 years ago today! Here's to Love!


Thanks for the acknowledgement, and good luck with your case! :bounce:

classicbajabronco - 7-13-2013 at 11:15 AM

This is spot on! With the exception of at the time I did it, 2004, I wasn't allowed to go into the cita with her. I walked down to Caliente's down the street aways.

Don't forget the $135 payment that you have to pay for the appointment at the time of application for the visa appointment. They make you call a 1-900 number too, which costs a bundle, esp from Mx.
Quote:
Originally posted by shari
blanca...it was much easier for Juan to get his tourist visa for the USA with my help...we were going to visit family in Canada so just transiting the states but he still had to get the visa...it is a 10 year visa which is nice. I went with him.

You make an appointment in TJ which takes about a month (after getting the passport in La Paz) We had addresses and a letter from my family stating we were staying with them.

There is alot of paperwork to present like marriage certificate, proof of residence here,work slips to prove he had a job & would come back to work and not stay in the states.


[Edited on 7-13-2013 by classicbajabronco]

SFandH - 7-13-2013 at 11:27 AM

Quote:
Originally posted by classicbajabronco
After that we decided to get a greencard for her. Since the greencard, travels have become smooth. We live in baja full time, and didn't really need the greencard, but it was well worth it. Much less stress traveling.


Careful, she could have her green card revoked.

"Abandoning Permanent Resident Status


You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently
Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a �nonimmigrant� on your tax returns"

USCIS Link

[Edited on 7-13-2013 by SFandH]

TonyC - 7-13-2013 at 03:11 PM

Thank you for all the information. I posted this for Jeff my buddy at work. His girl Pearla is in Saltillo, Monterey. He's ready to take the plunge.

BajaBlanca - 7-13-2013 at 04:06 PM

shari - did someone at immigration tell you what paperwork to take ie proff of working etc.? Just curious.

Les is American and I am American. We never had to do this.

classicbajabronco - 7-13-2013 at 04:20 PM

We go up every yr at least 1, usually for about 3 weeks. Been doing this for about 8 yrs now, I know several people who do the same thing.