Marrying a Mexican who is living in states on vistors visa

[portugalpat]

I am about to marry a Mexican (this weekend) who is living in States on visitors visa. He has been there more than one year so hopefully they can process his application through the U.S. and not Mexico (which is a longer waiting time I believe..)
We are having a small civil service in the States because both of us would like a big outdoor wedding next summer with all our family and friends here in my hometown in Canada. (He was also denied a visitors visa when he wanted to come and meet my family a few weeks ago, so we both know it wouldnt be possible to marry here until he gets permission to enter the country)

The problem is that his U.S. visa expires in January. He is going to try to reapply but will need to go back to Mexico to do it.

Does anybody know what that means for our application process?
What are our options?
Realistically what kind of wait are we looking at in terms of achieving our goal of ACTUALLY BEING TOGETHER and having our dream wedding?

I am overwhelmed with the mountain ahead and so willing to climb as he is the love of my life, we want to start a family and our lives so the frustration is phenomenal!!!....... So any feedback would be MUCH APPRECIATED.

 

[scylla]

Hopefully someone else can answer your questions regarding your husband's visa and applying through Buffalo.

Processing times are currently approximately 1 month for Mississagua processing (sponsor approval) and then approximately 4-8 months for Buffalo processing. So total processing time is about 5-9 months - but keep in mind that about 20% of cases take longer than 9 months.

Also, there's a chance your husband might be called for an interview. If he selects Buffalo as his processing office, this interview will happen in the US. If for any reason he cannot attend the interview (i.e. US does not allow him to enter the country for some reason), then his application will be flagged as abandoned and you'll have to apply from scratch. I believe this happened to someone recently on this board.

 

[bonbon9]

Hi!

The maximum authorized stay for mexicans in the US on visitor visas are 6 months. So this means that, if your husband is still there after a year, he might have extended his stay or is just there illegally ( :-\ ). Whichever the case, he is not elligible to process his case in Buffalo, as he needs to be initially admitted for 1 year, not admisible through extensions that add up to 1 year.

His case has to be processed in Mexico City.

Hope this helps!

 

[portugalpat]

Thank you for your feedback!

I am alittle confused because he has extended his American visa a couple of times now and it has always been legal.
So does his stay only ever count for 6 months at a time, and this its considered starting over?

 

[scylla]

If he has requested extensions to his visa and these extensions have been approved - then he is in the country legally.

 

[bonbon9]

If he has requested extensions to his visa and these extensions have been approved - then he is in the country legally.

Hi scylla,

I believe he has to be initially admitted to the US for a whole year, that is, a student visa, work permit or whatever allows him for a full year with his initial entry to the US, or Canada.

I used to think that extending a stay was sufficient to fulfill this requirement, but I was corrected on this by senior members of this forum.

Her fiance will have to process his case back in Mexico City.

 

[bonbon9]

Thank you for your feedback!

I am alittle confused because he has extended his American visa a couple of times now and it has always been legal.
So does his stay only ever count for 6 months at a time, and this its considered starting over?

Even if his extension was valid for a year, it's the initial one that counts.

http://www.canadavisa.com/canada-immigration-discussion-board/help-from-senior-plz-do-you-think-nairobi-office-will-transfer-file-to-buffalo-t48452.0.html;msg361582#msg361582

There is another post out there that supports this, I just can't find it now.

 

[scylla]

He may have also entered on a visitors visa which he has extended twice (I know this is possible but rare). I don't know enough about the process to understand if this qualifies him to send his app via Buffalo or not.

Regardless, I agree with you. I think processing through Buffalo would be very risky given that an interview might be required and that re-entry into the US isn't guaranteed.

I am trying to find the thread from the person who selected Buffalo and then wasn't able to get an entry permit/visa to attend the interview. If I remember correctly, CIC would not move the interview and the application was therefore abandoned. They are now starting again from scratch and applying through the actual home country. Needless to say, they are extremely frustruated and upset they picked Buffalo.

 

[rjessome]

Apply through Mexico City. If his initial admittance wasn't for one year, he needs to apply through his home country. And even if you managed to get processing through Buffalo and his visitor extension was denied, they won't move the file. If an interview is required and he can't get a visa to go to it, the application will be refused. The safe thing to do would be Mexico City.