Leaving the country after getting married

[ler2779 0]

Hi everybody.

My fiancee and I would like to get married this year both in Mexico and the United States. We'd really like to get married through our church in the US December 2015 but also want to get legally married in Mexico beforehand so that her family and friends who aren't able to obtain a visa may at least attend our civil union. If I were to apply for a K1 visa now, and were then to legally marry my fiancee in the US around October/November 2015 (it would just be a signing ceremony), could we then fly to Mexico, hold another civil wedding there (so that Mexico may recognize us as a married couple), and then return to the US to hold our church wedding in December without running into any issues? I'm aware that after we get legally married in the US, my fiancee would be required to stay in the country until the adjustment of status process is done, but is there a way around this (such as the advance parole application)? I'd really appreciate any helpful suggestions.

Thank you!

[N&S 32]

You can file for advanced parole (AP) with your greencard application, but processing time is set at 90 days (though a lot of people seem to receive theirs around the 60 day mark and some happless souls take more than 90). This would allow you to travel back to Mexico, but the time frame you are aiming for is probably too tight. Faster AP is only granted in case of a family emergency which this wouldn't qualify as. Best bet would be to plan on doing the ceremony in Mexico at least 90 days after you file for AOS, but even then it might blow up - wouldn't a Spring ceremony be nice?

[cocolucho 35]

Hi everybody.

My fiancee and I would like to get married this year both in Mexico and the United States. We'd really like to get married through our church in the US December 2015 but also want to get legally married in Mexico beforehand so that her family and friends who aren't able to obtain a visa may at least attend our civil union. If I were to apply for a K1 visa now, and were then to legally marry my fiancee in the US around October/November 2015 (it would just be a signing ceremony), could we then fly to Mexico, hold another civil wedding there (so that Mexico may recognize us as a married couple), and then return to the US to hold our church wedding in December without running into any issues? I'm aware that after we get legally married in the US, my fiancee would be required to stay in the country until the adjustment of status process is done, but is there a way around this (such as the advance parole application)? I'd really appreciate any helpful suggestions.

Thank you!

I think it is possible with the timelime you have if and only if everything goes well with the I129 PETITION and dont get RFEs. If you get married here on the first civil ceremony and submit the AOS Employment Authorization and AP it will be at least 3 months before you can travel to Mexico for the 2nd civil ceremony once the advanced parole gets approved and then back to the US for the religious ceremony. I think this is what you want to do, right? A wedding here or there is considered official so if you get married in Mexico before entering the US and getting married here and not doing the AOS or AP, the k1 visa is automatically void. I hope this helps :-) Edited January 20, 2015 by cocolucho

[ler2779 0]

Thanks for your replies. How long would she be allowed to stay in Mexico if we applied for the AP after getting legally married here? I'm thinking that another option for the timing might be to get married in August/September to allow the AP more time to get processed, that way we wouldn't be timing it so tight. Also, I spoke to a representative at USCIS earlier today regarding AP and he informed me that that was only for emergencies, and it wouldn't apply in our case. Basically, he told me that she would have to stay in the US after we got married and wait until she got her green card to be able to leave the country. Was he right or did I get a partially correct answer? And N&S, a Spring wedding would be really nice but we think Winter would be too

[TBoneTX 42,990]

*** Thread moved from K-1 Process forum to the Working & Traveling forum -- query involves that phase. ***

[Moderator hat off]

I spoke to a representative at USCIS earlier today regarding AP and he informed me that that was only for emergencies, and it wouldn't apply in our case. Basically, he told me that she would have to stay in the US after we got married and wait until she got her green card to be able to leave the country.

They don't call it the "Misinformation Line" for nothing. Good grief!

AP is for any travel use that you have for it, once you receive it. Assuming that all is normal otherwise, AP can be used before the green card is received.

In addition, the K-1 entrant can leave the U.S. at any time; readmission is the crucial matter.