# Visa Advice



## Balboa (Nov 16, 2010)

Hello forum, I've posted before about my life and its turns. This time, I have a question about Visa's. I recently purposed to my girlfriend in Mexico (... and she said yes! ;p), now, we have to figure out how to be together here in the States.

I've read alot about the application process (visa for 1-spouse or 2-fiance). Either we get married in Mexico, or in the USA. Marriage by the church is the most imortant in the eyes of our families so that is a very important consideration.

But I still have a few questions. We want the quickest possible application, which I believe is the fiance visa, and we want a church wedding in Mexico (this is the wrench in the plan). 

My idea.. apply for the Fiance K-1 and have a civil marriage in the States. Boom. We are togther (but not in the eyes of the church, which is what my gf wants to do in Mexico). My question: _Can we now travel back to Mexico for a traditional marriage cermony?_ 

If i remember correctly, the applicant might have to stay in the states for a certain time or while the full application is complete (visa + change of status request .. etc). 

I also thought, maybe we can have a wedding ceremony in Mexico while applying for the Fiance visa, however I've been told that would require a marriage licence. I just feel the spouse application might take too long. Thank you for reading, and I appreciate any insights.


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## RVGRINGO (May 16, 2007)

In Mexico, the church wedding is not the legal wedding, which is the civil ceremony performed by a judge, etc. That is the wedding which is registered.


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## sparks (Jun 17, 2007)

I was advised to not marry in Mexico, or at least mention it in your application ... because it may be looked at as a way to influence the decision. You do have to document your relationship in Mexico for about 6 months so plenty of time for a church wedding.

A few years ago the processing time for a fiancee visa was from 4 months to a year depending of where in the US you file


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## circle110 (Jul 20, 2009)

The fastest and cheapest way is through direct consular filing, but for that method you, the American half of the couple, have to have a resident visa and live in Mexico. Since that doesn't appear to be a possibility then your next best option is the K-1 fiancee visa. It costs double and takes much longer but it would be my second choice if I were in your place. 

The current K-1 processing time is around 9 months. During that time you just would have to wait - she can't enter the US legally until the visa is processed at the end of those 9 months (or however long it takes). Then she enters the US on the K-1 visa and you guys have 90 days to tie the knot or the visa becomes invalid. Once she enters on the K-1 and you marry, she will receive a conditional permanent resident visa and that would allow her to return to Mexico for visits as long as she doesn't stay out of the US for more than 6 months. Then after two years she applies for the full resident visa as they want to confirm that the marriage wasn't a sham just to get her a visa/green card..

Your other option would be to get married in Mexico now. Then apply for the spousal visa. It seems to take more a like a year (sometimes even longer) to process and it costs about the same as the K-1. At the end of the year's wait she enters the US and receives a resident visa and a work permit (the famous green card).

At least with the K-1 you only wait 9 months (sometimes less) instead of a year or more. Unless you can work it out to move to Mexico for a while to become eligible for the direct consular filing, I'd say the K-1 is your best bet. Plus, once your fiancee enters the US with her visa and you marry, she'll be able to return to Mexico for visits or even to do a (or another) church wedding which, as rvgringo says, is just for show anyway... but her family could attend which I'm sure is important to them. I'm just a few weeks from my own wedding here and I am seeing just how important "la boda" is to Mexican families. But, hey, it's going to be one heck of a fiesta!

Suerte!


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## Balboa (Nov 16, 2010)

circle110 said:


> The fastest and cheapest way is through direct consular filing, but for that method you, the American half of the couple, have to have a resident visa and live in Mexico. Since that doesn't appear to be a possibility then your next best option is the K-1 fiancee visa. It costs double and takes much longer but it would be my second choice if I were in your place.
> 
> The current K-1 processing time is around 9 months. During that time you just would have to wait - she can't enter the US legally until the visa is processed at the end of those 9 months (or however long it takes). Then she enters the US on the K-1 visa and you guys have 90 days to tie the knot or the visa becomes invalid. Once she enters on the K-1 and you marry, she will receive a conditional permanent resident visa and that would allow her to return to Mexico for visits as long as she doesn't stay out of the US for more than 6 months. Then after two years she applies for the full resident visa as they want to confirm that the marriage wasn't a sham just to get her a visa/green card..
> 
> ...


circle110! thank you so much for the info. I think fiance visa is the best option. I was just worried that my fiance would not be able to return to Mexico until the process was finalized. 
I will still talk to a lawyer (free consultation of coarse). And I will begin the process immediately after!

Good luck with the boda! I wish I could attend! I'm sure it will be amazing! Of coarse, its a huge deal in Mexico


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## circle110 (Jul 20, 2009)

Thanks Balboa and the same to you!

Warning:
According to everyone I have spoken to who has gone through the process, a lawyer is not only unnecessary but they will tell you BS to convince you that you need their services. Beware!

There is an awesome website, visajourney.com, that is just for folks in your position. They aren't trying to sell you anything -- in fact, it's brilliant, they sell advertizing spots on their site to slimy immigration lawyers to make their money but on the website they show you how to do it by yourself and how a lawyer is absolutely not necessary. 

They have a forum where you can talk to other people who are already in the process or who have just finished it and they are a treasure of good information, sort of like this forum. The steps to the process are very clear and also the US state department explains every step on their website as well. If you can read plain English, you can do it yourself and save a fortune.


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## cscscs007 (Jan 8, 2011)

I have been paying close attention to this. My understanding is President Obama has directed USCIS to "fast track" visa applications that would most likely be granted, such as for someone married to a US citizen. It is worth checking into as in your circumstance it just may be very helpful. All of this focus on immigration no doubt is due to the upcoming election.


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## circle110 (Jul 20, 2009)

Wow, that's great news. There's no real reason it should take form 4 months to a year plus to process something like this. That bodes well for Balboa!


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## FHBOY (Jun 15, 2010)

*Mexican Consulates in US*

This is a related topic:

Does anybody know if one can obtain a visa - not an FMT - for Non-Immigrante status at a Mexican Consulate in the US? The last time we visited the DC Consulate was before the new law, so I am wondering if there is a change.

We were thinking, if it is possible, to obtain our (formerly) FM2 or FM3 or Retiree visa in the US before heading down to Mexico.

Any comments?


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## conklinwh (Dec 19, 2009)

FHBOY, I don't want to shanghai this thread but this has been exhaustively discussed in the past. Net is yes you can apply for visa in the US but you still need go through the same no immigrant process when get to Mexico. Only real saving is that can net payment made in the US with receipts. Much better is to get FMM when entering and then go to immigration for no immigrante.


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## FHBOY (Jun 15, 2010)

:focus: Thank you


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## RVGRINGO (May 16, 2007)

The 'temporary visa' that is stamped in your passport at a consulate outside of Mexico will require you to go to INM in Mexico anyway. It will cost more and may require things, like police reports, not necessary in Mexico. So, I recommend just entering on an FMM and applying for your visa in Mexico, once you have an address.
There may be other significant advantages when the new regulations are published; soon, we hope.


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