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  • I need to know the process

    Step by Step PLEASE....

    If I wantt o apply for the Fiance Visa what are the steps do I apply here? If I use a lawyer is it better? Does the Immigration communicate only with me? And I communicate with my Fiance? How is the process?????

  • #2
    Step by Step PLEASE....

    If I wantt o apply for the Fiance Visa what are the steps do I apply here? If I use a lawyer is it better? Does the Immigration communicate only with me? And I communicate with my Fiance? How is the process?????

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    • #3
      See http://www.visajourney.com/faq/k1faq.htm

      Comment


      • #4
        Thanks for the web address..

        My question really is this..
        If I were to go to Mexico and marry my BF will I be able to file ? to brign him back to me and how easy or difficult to apply on the spot to bring him home?

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        • #5
          If you marry your BF in Mexico then you would have to file a K-3 (since you would be married). K-1 is to bring your fiance into the country. You need to marry within 90 days of entry.

          Mexico used to do DCF but no longer.

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          • #6
            If you did a K3, It will take much longer than a K1. I would just do the K1 and visit him when you can.

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            • #7
              If you are a Citizen you can also get married in Mexico, and file for I-130 which can be approved by the Consular Officer, and your BF will arrived as an Immigrant and after six to eight weeks he can get his GC valid for two years.
              Let see what others have to say which will be the fastest way to get him over here.

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              • #8
                What is a DFC? So your saying that I should bring him over first and just visit when I can? How long will this take going that route? I just want him to be here is all. With me. One thing I did leave out is he has been here for 5 years will they detect that? And bar him? If I marry him in Mexico will that make any difference rather he was here or not by then he would be MY SPOUSE!!!

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                • #9
                  DCF is direct consular filing. What Adam describes is DCF. Mexico no longer does that so that is not an option.

                  You have two choices. Bring him in on a K-1 and marry him in the U.S. and then adjust status. Or, marry him in Mexico and file for K-3 visa. You must decide whether to remain in Mexico with him while your K-3 is being processed or return to the U.S. without him and have him join you once the K-3 is approved.

                  As far as the 5 years in the U.S., we need more details. Was he illegal, under what circumstances did he return to Mexico, does USCIS have any records of his arrival/departure, etc? These details may affect whether choosing K1 vs K3 is even possible.

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                  • #10
                    Yes he was illegal while here. And he went back on his own, no deportation, nothing like that. USCIS has nothing on him he basically was here and abided by the rules never got into trouble.(other than being here illegally those of you that were ready to jump on that on) We just want to live the right way. Without looking over our shoulders all the time. SO which should I file? If I go the Fiance route I can't lie and never say I hadn't known him becasue that wouldn't be the case ya see. So marry in Mexico come back file which one? Do I have to live in Mexico? I hope not I have a house note and I don't want to give my house and job up I am too secure. What should I do?

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                    • #11
                      One of the disadvantages to Marrying in mexico is that standardly it takes longer for a spousal visa (between 1-2 years). Another disadvantage of going to Mexico for a year would come when you file the affidavit of support along with the 1-130 form. They want the petitioner to make 125% over the poverty line and want proof of employment, unless you have a co-sponsor. As for the timeline, it is really a roll of the dice. My timeline was not typical of all K1 cases
                      Here was my timeline

                      april 03-Applied for K1
                      april 03-recieved notification of reciept
                      august 03-Approved for K1
                      At that point Nebraska was to have sent my records over to the NVC (National Visa Center)
                      Well, Nebraska lost them and it took congressional intervention to locate them.
                      They sent the petition over to NVC in late Nov 03, then FBI check needed to be done and interview was set for Feb 12, 04. He was approved. My case is not typical though, from most of the research I have done, standard time from start of k1 process to the end of it is about 6-8 months. I am sorry for your dilemna and I know how difficult it is to be away for that long. But it is better to do it the legal way. As for the questions of knowing each other, it is a simple matter of you going there to visit and showing them the plane receipt, then filing about a month later.

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                      • #12
                        Like I said before, you have 2 choices.

                        Option 1: Stay in the U.S. and file K-1. You don't have to lie and say you didn't know him. In fact, you have to show evidence that you do know him and that you've met in person, etc. The issue of knowing him as an illegal presents a problem, however.

                        Option 2: Marry outside the U.S. and then file K-3. It's up to you where you want to stay - in Mexico or in the U.S. As indygirl points out, you need to show that you can support him so living outside the U.S. might not be possible. You can, of course, go visit him. He just can't come back to the U.S. until his K-3 is approved.

                        As for the illegal 5-yr stay. This could pose some problems. You should consult with an immigration attorney on this one.

                        I would suggest you pose your question on a bigger forum with people with more knowledge about these issues. The following website is one of the best and also has 2 resident immigration attorneys who provide feedback.

                        http://britishexpats.com/forum/forum...?s=&forumid=35

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                        • #13
                          www.travel.state.gov is the State Dept website which gives all the information directly from the horse's mouth or horse's a*s*s depending on how you wanna look at it....

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                          • #14
                            Since no one else seems to have made this clear, I will:

                            That 5 year presence may be a *big* problem. Unless it occurred before he was 18 years old, or before 1996, or more than 10 years before he intends to return- he will be barred for 10 years.

                            You can apply for a 601 waiver after they refuse to let him in, which will only be persuasive if you are already married, and you may get approved. On the other hand, if you have not yet been living together yet, or if you have been living together in Mexico, they might find that it will not be an unusual hardship on you if he has to wait ten years.

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