# Visiting the states



## Zepol87 (Jan 1, 2012)

Hey everyone, me and my wife gave been living in Texas and now we are moving to Mexico. She is here illegally and we were wondering if she will be able to come visit my family in Texas at all. She is not getting deported or anything and has never had a run in with the law. Can she just get her passport and visit my family for birthdays and Reunions


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## pappabee (Jun 22, 2010)

Zepol87 said:


> Hey everyone, me and my wife gave been living in Texas and now we are moving to Mexico. She is here illegally and we were wondering if she will be able to come visit my family in Texas at all. She is not getting deported or anything and has never had a run in with the law. Can she just get her passport and visit my family for birthdays and Reunions


How in the world do you expect her to get a US passport if she's not a US citizen?
If you're talking about a Mexican passport that might be possible but using it to gain entry back to the US would be tough. 

Once she leaves the US getting back in would be breaking the law unless she follows both the Mexican and US immigration laws.


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## conklinwh (Dec 19, 2009)

There is another thread on this site that I believe has a useful link for you.
I'm not sure where you were married as I thought a US marriage license required an ID to be presented but if it is a recognized license then maybe the best route is that of a spousal entry as discussed on the other thread. Since she is illegal in the US, expect application needs to be made at consulate in Mexico.


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## TundraGreen (Jul 15, 2010)

Zepol87 said:


> Hey everyone, me and my wife gave been living in Texas and now we are moving to Mexico. She is here illegally and we were wondering if she will be able to come visit my family in Texas at all. She is not getting deported or anything and has never had a run in with the law. Can she just get her passport and visit my family for birthdays and Reunions


I assume you mean your wife is a Mexican citizen living in the US without any documentation. If she goes back to Mexico, she can apply for a US visa as your spouse. If they find out she was living in the US illegally, it might be difficult to get a visa.
There is another thread discussing the process of getting a visa for a spouse.
http://www.expatforum.com/expats/mexico-expat-forum-expats-living-mexico/99784-visa-advice.html


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## conklinwh (Dec 19, 2009)

Thanks for giving the thread name. I was looking it up. The site name referenced is visa journey.com.


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## RVGRINGO (May 16, 2007)

I suspect that, if you were married in the USA, you may find that the US marriage document proves that she was in the USA and might create a problem.


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## Ken Wood (Oct 22, 2011)

*Visiting the U.S.*

I agree with most of the postings here; your path might not be an easy one. Also, bear in mind that once in Mexico, a U.S. tourist's visa for her is not a guaranteed thing, especially if your marriage license might generate problematic questions for you. Leaving the U.S. will not be difficult, getting back in might be a challenge, so, do your homework (which you seem to be doing) before you cross the point of no easy return. My answer to your birthday visit question would be "no" you should not plan on making any of those occasions, at least until after a potentially lengthy process of obtaining some paper for her, which could easily take a year or longer. Good luck to you and her.


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## Zepol87 (Jan 1, 2012)

Ok thanks guys, yes we got married in Dallas, she got a drivers license back during the amnesty days with her itin number. I was referring to getting a Mexican passport also. Another question, what about vacationing in Europe? Thanks for all your help


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## Ken Wood (Oct 22, 2011)

*European vacation*

Vacations to the EU are much easier to facilitate. You'll both need current passports, but there is no pre approval process. I assume you will wait and go from Mexico, since your wife can't get into the U.S. from Europe any easier than she can from Mexico. Also, an added bonus is that European flights from Mexico are quite affordable these days. There's still a 3 month limit on visits, but who can afford to stay longer than that anyway?


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## RVGRINGO (May 16, 2007)

So, if she does have a 'paper trail' in the USA, you might find that she won't be able to re-enter any time soon; maybe even be banned for ten years. You really do have a lot of intricate homework to do.


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## Zepol87 (Jan 1, 2012)

Ok thanks for the responses everyone


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## Crawford (Jan 23, 2011)

Zepol87 said:


> Hey everyone, me and my wife gave been living in Texas and now we are moving to Mexico. She is here illegally and we were wondering if she will be able to come visit my family in Texas at all. She is not getting deported or anything and has never had a run in with the law. Can she just get her passport and visit my family for birthdays and Reunions


If your wife entered the US illegally i.e just walked across the border in say, Arizona, then there is likely no record of her entering the States as far as the immigration department is concerned. You say that she has a driving licence via an amnesty program so not sure how this would figure in to it, but if she entered as proposed I would say that if she leaves the States and obtains a Mexican passport then she will be able to visit the States again albeit on a visa basis.

If, on the other hand, she entered with a visitors/wokers visa and overstayed her visa then upon leaving the States she will incur an automatic 10 year ban from the US. That means no entry to the US for 10 years period.

With regard visits to Europe she can quite legally do this from Mexico with a Mexican passport.


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## Zepol87 (Jan 1, 2012)

She went from Tijuana to Bakersfield when she was 7. Moved with parents to Dallas when she was 10. Graduated high school and was working previously with an itin number. Don't believe any immigration process was started.


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## Crawford (Jan 23, 2011)

Zepol87 said:


> She went from Tijuana to Bakersfield when she was 7. Moved with parents to Dallas when she was 10. Graduated high school and was working previously with an itin number. Don't believe any immigration process was started.


So her parents came in llegally?


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## pappabee (Jun 22, 2010)

Crawford said:


> So her parents came in llegally?


The real problem starts with the fact that she doesn't have and legal right to be in the US even though she has been here for some time. Getting back to Mexico might not be too much of problem so long as no US official decides to press charges.

The problem gets worse when she tries to get a Mexican Passport and a visa to enter back into the US. All that is needed is for one official (on either side of the border) to decide that everything needs to be sweeky clean and she's had it. 

She might be able to sneak back into Mexico but then getting the passport and visa could be a problem. 

IMHO, no matter what just be prepared for a bunch of problems that need to be solved before things get straight.


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## AlanMexicali (Jun 1, 2011)

Ken Wood said:


> I agree with most of the postings here; your path might not be an easy one. Also, bear in mind that once in Mexico, a U.S. tourist's visa for her is not a guaranteed thing, especially if your marriage license might generate problematic questions for you. Leaving the U.S. will not be difficult, getting back in might be a challenge, so, do your homework (which you seem to be doing) before you cross the point of no easy return. My answer to your birthday visit question would be "no" you should not plan on making any of those occasions, at least until after a potentially lengthy process of obtaining some paper for her, which could easily take a year or longer. Good luck to you and her.


I have had many of these questions answered by US immigration and a US immigration lawyer lately in regards to my Mexican National wife. Although we were recently married in Mexico and she works and has a Mexican passport with a 10 year "Border Crosser" visa imbedded into her new Mexican passport by the US consul in Guadalajara were documents about her job, bank accounts and property were needed, she and I cross by car to the US every 6 or so weeks. To go past our place in San Diego she needs to get a 180 day B-2 visa {border free zone}. The people without her ¨Frequent Border crosser" visa and only crossing to the US with a Mexican Passport are scrutinized by US immigration for about 30 minuttes as we are in the same office getting a 180 visa. THIS HAS BEEN FOR ABOUT 3 YEARS AND a few times. Waiting in line I would estimate 60% of those trying to get into the US without a FBC visa in thier passport are rejected. Everytime we cross whether she needs a B-2 visa or not we always say my wife or she says my husband and they don´t seem to care at all about where, when or why we are married, only will she leave the US and go back to work in Mexico when the 180 day B-2 is up or sooner.

To get a "Frequent Crosser Visa" is getting harder and harder if you are not a Mexican National that is middle class and have a good job for years and own some property, but it is not impossible I have heard. Renewing after 10 years you still need to bring those documents to prove you live in Mexico and will return and have no criminal record etc. and my wife has had these visas for 40 or more years now.


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