FOR MCK...................

[Aaron]

MCK,

I'm glad you found you're lady. She's from Mejico? Ahi Chevere !!!!!

And I understand that you want to spend time with her there in the USA before getting married. That's a reasonable option.

BUT, BEFORE YOU GO THE TOURIST VISA ROUTE, AND HAVING HER GO THERE ON THE TOURIST VISA, DO YOUR RESEARCH !!!!!!!!

WHEN I LAST READ THE STATUTES FOR THE USA TOURIST VISA; AFTER SHE ARRIVES, YOU CANNOT MARRY HER ON A TOURIST VISA.

YOUR GIRL HAS TO MAKE THE "NO INTENT TO IMMIGRATE OATH FOR THE TOURIST VISA" AND IF SHE SO HAPPENS TO MARRY YOU WHILE THERE, THEN THAT IS A DIRECT VIOLATION OF THE OATH, AND SHE WILL BE REQUIRED TO LEAVE THE COUNTRY, POSSIBLY BEING BARRED FROM ENTERING THE USA FOR YEARS AFTER.

I read this two years ago, to do some research when my time comes.

Now MCK, if you are the kind of guy that will have your girlfriend go to live with you, while suggesting marriage and planting ideas in her heard, but then all of a sudden, it isn't the convenient thing to do; just tell her to go back to Mejico, and give her the excuse that you couldn't get married because of the regulations of the tourist visa. This way, you'll still be able to appear as a knowledgeable gentleman.......LOL !!!!

Double check on those statutes. I may have missed something, or mixed something up.

Aaron

[Pete E]

... in response to FOR MCK..................., posted by Aaron on Jul 3, 2002

Aaron,
I know a couple who got married when she was on a tourist visa and she got to stay,but said it was a difficult thing to deal with.She told my wife she didn't know how lucky she was to just come in on a spousal visa.
I'm not sure all the steps,you need to do an adjustment of status for her.Also,unlike a spousal visa you wind up dealing with the local INS.Here that means getting in some lines at 4.00AM to be able to be seen.They will count people in the line before the doors open and tell them who will be seen,the rest can go home and come back earlier next time.It can be done,even though the INS frowns on it.
Now in the case ok MCK,his girl already having a tourist visa gives them lots of time before they need to get married.She needs to leave the country within 6 months but can return the next day.In the past that meant you have 6 more months,maybe not anymore.But since MCK's girl already has a tourist visa it is at least simpler so far to live with her here.
If you know for sure you are going to marry the girl the spousal visa is much easier and simpler.2 weeks after you marry she can have her visa,she gets a green card and a social security card in a few weeks and can travel and work.
One of my friends brought his novia in on a fiance visa and then married her in 3 weeks.She just got her adjustment of status to work and travel(and drive) one year later.But if you are unsure this does give you some time to check it out.Also a guy who got divorced told me if you get married in the US and divorce her thats all you need to do.If you get married in Colombia you need a divorce there also and that is harder to get.It can be out of your control if the girl doesn't want to cooperate.I guess you could skip the Colombian divorce but would never get to marry another Colombian.Actually this guy remarried his ex here in the US.It was an very unusual set of circumstances but they now seem very happy.

Pete

[outwest77]

... in response to Re: FOR MCK..................., posted by Pete E on Jul 3, 2002

If i am not mistaken the INS changed all tourist visas
to 30 days, unless you can prove its an emergency situation
due to health problems. etc, so the 6 months is a thing of the past.
This was all due to the 9/11 situation

[Edge]

... in response to new tourist visa rules, posted by outwest77 on Jul 3, 2002

My sister-in-law from Cali just went back to Cali last Friday after a 3 week stay.  She came on her tourist visa and could have stayed 6 months.  I had heard about the 30 day limitation but it did not happen to her.

[mck]

... in response to Re: FOR MCK..................., posted by Pete E on Jul 3, 2002

Pete just wondering did your friend have a lawyer when they got married on the tourist visa? I know people that did this but with a lawyer and they said the experience was not that bad.

[Wayne1]

... in response to Re: Re: FOR MCK..................., posted by mck on Jul 3, 2002

MCK

Yes, get ready for alot of hassles my friend.  Long days in line and beurocratic bullshiiiit to the max.

I'm going to let you in on a little secret.  The INS doesn't care if you have a lawyer or not.  The forms are not that difficult to fill out, and in the end, when you are sitting in front of the officer, it will depend on what kind of mood he is in wheather he grants the magical green card or not.  You don't need to pay 1500.00 to fill out some forms that are not much more difficult then registering your car.  I paid a lawyer the 1st time around and it was to total waste of money.  Of course he is reassuring you right now.  He is trying to close a sale.

If your lawyer really wants to help you, he can go down there and stand in line all day for you.  Ask him if the 1500 includes this....LOL

I did the K-1 with my Russian wife, and I did the spousal visa with my Colombian wife.

I don't know if they even offer the spousal visa in Mexico.  It is up to the discretion of the Embassy itself.  Some do, and some don't.  It is lucky that Bogota does offer this.

I have no doubt that you can accomplish what you want to with your girlfriends immigration, but it isn't going to be fun.  If they offer the Spousal visa, you would save yourself alot of hassel by just going back down there and marrying her in Mexico and then returning.

It will be interesting how this turns out.  I'm sure you will keep us informed.  

If I were you, I would probably max out the tourist time 1st, then make a decision down the road.  Like you have said before, she is here and you don't have the same time pressures.  I wouldn't rush it.

Oh, and thanks for not bashing Colombia anymore.  Your posts sound much more intelligent now...

Wayne

[Pete E]

... in response to Re: Re: FOR MCK..................., posted by mck on Jul 3, 2002

I doubt it,my wife got the story from the woman.The guy probably would be the type to think He could do it no problem,or just left it to her.
I hope you are right,I guessthe lawyer is probably telling you right.

Pete

[mck]

... in response to Re: Re: Re: FOR MCK..................., posted by Pete E on Jul 3, 2002

Yes, to be honest with you I would rather pay $1500 to have it done right by a lawyer without any stress, then do it myself.

[Pete E]

... in response to Re: Re: Re: Re: FOR MCK...................., posted by mck on Jul 3, 2002

I did the spousal visa paperwork myself except my wife had a Colombian lawyer.I thought we were covered.Her Colombian lawyer only did thev marriage cert.We screwed up some things that would be hard to anticipate,mostly revolving around extra documents needed because my step son was getting a visa.It cost us 3 extra days in Bogota,and 2 extra weeks before we got the visa,I had to fly home and send more documents back.And  several extra plane tickets.Plus if I had a US immigration lawyer I would have been warned about getting the step son out of the country on return visits(I posted 2 weeks ago or so on this.)
I saved about $800 the lawyer would have cost and spent $3000-4000 instead.And got delayed about 4 weeks total,12 days of it stuck in Colombia because we couldn't get out with my step son.Not to mention some 7.00 AM lines I did not need to be in.
If its anything unusual I say get the lawyer.

Pete

[mck]

... in response to Re: FOR MCK..................., posted by Pete E on Jul 3, 2002

The spousal visa can be filed directly with the embassy in Colombia but Mexico does not have that. It actually takes 3-6 months on a spousal visa from Mexico to get it approved. I have researched the spousal visa for Mexico to.

[Bubba]

... in response to Re: Re: FOR MCK..................., posted by mck on Jul 3, 2002

Check the archives, I read a post from a guy who married in Mexico and walked everything through the embasy and had his visa in two days.

[mck]

... in response to Re: Re: Re: FOR MCK..................., posted by Bubba on Jul 3, 2002

The guy probably was talking about his visa before the marriage that you need to obtain but that is not a spousal visa, which you get in about two days. Mexico does not have direct filing with the embassy.

[mck]

... in response to FOR MCK..................., posted by Aaron on Jul 3, 2002

and Aaron I am not GOING to have my girlfriend live with me as you said in your post, she HAS been living with me for the past month LOL. Just trying to influence the past tense and not future tense of verb usage.

[mck]

... in response to FOR MCK..................., posted by Aaron on Jul 3, 2002

Aaron no need for caps dude, I have done my research well, and know what I am doing. Thanks for informing me though. I know the immigration laws inside and out, because I have studied them well and was in law school for 3 years, but failed the Bar exam lol. That is why I sell college text books now. I had a little to much THC in my system when I took the Bar.

[mck]

... in response to FOR MCK..................., posted by Aaron on Jul 3, 2002

Oh and yes, my novia is from Guadalara Mexico