Where and when to marry?

[rpyrc 0]

My fiancée is a Mexican national, living in the state of Chihuahua. We have known each other for 30 years since she was a high school exchange student hosted by my family. She currently has a “USA B1/B2 VISA/BCC” and travels in and out of the US often as she has family in El Paso. She manages a distribution warehouse that is part of a successful family business.

I am an American citizen and currently live on the east coast, but that is open to discussion as I am retired and after my daughter graduates from High School I have no obligations to any particular place. I'd quite frankly be happy to live in Mexico.

At this point we do not know either where we will live or where we will get married. US citizenship is definately an issue (more my concern than hers) and we hope to do this in a manner which is the most efficient path for her to citizenship. Employment up here is not necessary as I can support her without her having to work.

I am terribly confused about whether to marry in the USA or Mexico, and how long it would be before she could cross the border. I've read that once a spouse/fiance visa is applied for the foreign national can not cross borders on her current visa; I've also read the oppposite. We may just decide at the spur of the moment (paperwork done in advance of course), in whichever country we happen to be in, to go get a sunrise marriage somewhere, but don't want jeopordize doing anything the USCIS would view as fradulant.

What to do?!!?!

[pushbrk 13,979]

My fiancée is a Mexican national, living in the state of Chihuahua. We have known each other for 30 years since she was a high school exchange student hosted by my family. She currently has a “USA B1/B2 VISA/BCC” and travels in and out of the US often as she has family in El Paso. She manages a distribution warehouse that is part of a successful family business.

I am an American citizen and currently live on the east coast, but that is open to discussion as I am retired and after my daughter graduates from High School I have no obligations to any particular place. I'd quite frankly be happy to live in Mexico.

At this point we do not know either where we will live or where we will get married. US citizenship is definately an issue (more my concern than hers) and we hope to do this in a manner which is the most efficient path for her to citizenship. Employment up here is not necessary as I can support her without her having to work.

I am terribly confused about whether to marry in the USA or Mexico, and how long it would be before she could cross the border. I've read that once a spouse/fiance visa is applied for the foreign national can not cross borders on her current visa; I've also read the oppposite. We may just decide at the spur of the moment (paperwork done in advance of course), in whichever country we happen to be in, to go get a sunrise marriage somewhere, but don't want jeopordize doing anything the USCIS would view as fradulant.

What to do?!!?!

You start studying your visa options by reading the guides here.

For your fiancee to apply for US Citizenship, she must reside in the USA a minimum of three years with permanent resident status (green card). That clock cannot start until she has a green card. Either K1, fiance or K2 or CR1 spouse visas have a path to a green card. So, marry when and where best fits your life plans and then embark on the visa path that suits your decision about marriage.

[motu 6]

I would suggest either K1 or K3 or AOS if she wants to go get the US citizenship. K1 allows you to bring her to USA for 90 days in which you marry; a K3 you get married first and then apply for her or you can do an AOS (adjustment of status) since she is already in USA - you get married and then you apply for AOS.

One of the thoughts about citizenship - what benefit will she get from it - since you would be happy to settle in Mexico? If she is not keen on US citizenship, then you can just get married and live in Mexico. My wife is here from Colombia and she has a greencard and would probably go for citizenship also - we are exploring where to live at this point and haven't decided on which country - possibilities are Colombia, Costa Rica, Panama etc. etc. She can travel much easier on the US passport than on her Colombian passport - at this point that seems to be the only advantage - she won't work enough to get SS, nor would my pension be payable to her (since I am already retired and collecting on non-survivor basis). Good Luck on whatever you decide.

[pushbrk 13,979]

I would suggest either K1 or K3 or AOS if she wants to go get the US citizenship. K1 allows you to bring her to USA for 90 days in which you marry; a K3 you get married first and then apply for her or you can do an AOS (adjustment of status) since she is already in USA - you get married and then you apply for AOS.

One of the thoughts about citizenship - what benefit will she get from it - since you would be happy to settle in Mexico? If she is not keen on US citizenship, then you can just get married and live in Mexico. My wife is here from Colombia and she has a greencard and would probably go for citizenship also - we are exploring where to live at this point and haven't decided on which country - possibilities are Colombia, Costa Rica, Panama etc. etc. She can travel much easier on the US passport than on her Colombian passport - at this point that seems to be the only advantage - she won't work enough to get SS, nor would my pension be payable to her (since I am already retired and collecting on non-survivor basis). Good Luck on whatever you decide.

I think if you check a map, the State she lives in is located in Mexico, not one of the "United States" so just marrying and adjusting status is not an available option.

[rpyrc 0]

Thanks for the great replys. Maybe a little more clarification is necessary. I've been through the wealth of information here and think it's great.

She can enter the country anytime she wants on her multiple entry visa. I'm afraid that if we married while she was here on one of her visits, even though it wasn't preplanned (i'm big on surprises and spontaneity, then apply for an AOS, it might be bad.

She could go back home (or stay there if we married in Mexico) and apply for a spousal visa after the marriage, or apply for a fiance visa before arriving, which would not be a problem. My biggest concern is whether or not she would still be able to go back and forth as she does now while that visa is in process, or would she be 'frozen' on one side of the border or another?

It's not that she is not keen on citizenship, its just that to me it is more important for various survivor benefits. We both understand the benefits of the US Passport for travel as you mentioned.

Thanks again!

[pushbrk 13,979]

Thanks for the great replys. Maybe a little more clarification is necessary. I've been through the wealth of information here and think it's great.

She can enter the country anytime she wants on her multiple entry visa. I'm afraid that if we married while she was here on one of her visits, even though it wasn't preplanned (i'm big on surprises and spontaneity, then apply for an AOS, it might be bad.

She could go back home (or stay there if we married in Mexico) and apply for a spousal visa after the marriage, or apply for a fiance visa before arriving, which would not be a problem. My biggest concern is whether or not she would still be able to go back and forth as she does now while that visa is in process, or would she be 'frozen' on one side of the border or another?

It's not that she is not keen on citizenship, its just that to me it is more important for various survivor benefits. We both understand the benefits of the US Passport for travel as you mentioned.

Thanks again!

I'm not sure what survivor benefits concern you. One need not be a US citizen to draw SS benefits as the surviving spouse of a USC.

There is no actual rule to say she can't go back and forth during the visa process. In fact, many do it quite often. A good strategy might be to marry on either side then travel back and forth a time or two before you file a petition. Then, since she has strong ties and a business as well as a long history of going back and forth, she is unlikely to have any problem. She should, of course, carry her evidence of ties and maybe a copy of the NOA1 and marriage certificate to show she's gone back and forth since the marriage.

[Gaby&Talbert 1]

Thanks for the great replys. Maybe a little more clarification is necessary. I've been through the wealth of information here and think it's great.

She can enter the country anytime she wants on her multiple entry visa. I'm afraid that if we married while she was here on one of her visits, even though it wasn't preplanned (i'm big on surprises and spontaneity, then apply for an AOS, it might be bad.

She could go back home (or stay there if we married in Mexico) and apply for a spousal visa after the marriage, or apply for a fiance visa before arriving, which would not be a problem. My biggest concern is whether or not she would still be able to go back and forth as she does now while that visa is in process, or would she be 'frozen' on one side of the border or another?

It's not that she is not keen on citizenship, its just that to me it is more important for various survivor benefits. We both understand the benefits of the US Passport for travel as you mentioned.

Thanks again!

I'm not sure what survivor benefits concern you. One need not be a US citizen to draw SS benefits as the surviving spouse of a USC.

There is no actual rule to say she can't go back and forth during the visa process. In fact, many do it quite often. A good strategy might be to marry on either side then travel back and forth a time or two before you file a petition. Then, since she has strong ties and a business as well as a long history of going back and forth, she is unlikely to have any problem. She should, of course, carry her evidence of ties and maybe a copy of the NOA1 and marriage certificate to show she's gone back and forth since the marriage.

SSI benefits are limited for an LPR compared to a citizen.

[pushbrk 13,979]

Thanks for the great replys. Maybe a little more clarification is necessary. I've been through the wealth of information here and think it's great.

She can enter the country anytime she wants on her multiple entry visa. I'm afraid that if we married while she was here on one of her visits, even though it wasn't preplanned (i'm big on surprises and spontaneity, then apply for an AOS, it might be bad.

She could go back home (or stay there if we married in Mexico) and apply for a spousal visa after the marriage, or apply for a fiance visa before arriving, which would not be a problem. My biggest concern is whether or not she would still be able to go back and forth as she does now while that visa is in process, or would she be 'frozen' on one side of the border or another?

It's not that she is not keen on citizenship, its just that to me it is more important for various survivor benefits. We both understand the benefits of the US Passport for travel as you mentioned.

Thanks again!

I'm not sure what survivor benefits concern you. One need not be a US citizen to draw SS benefits as the surviving spouse of a USC.

There is no actual rule to say she can't go back and forth during the visa process. In fact, many do it quite often. A good strategy might be to marry on either side then travel back and forth a time or two before you file a petition. Then, since she has strong ties and a business as well as a long history of going back and forth, she is unlikely to have any problem. She should, of course, carry her evidence of ties and maybe a copy of the NOA1 and marriage certificate to show she's gone back and forth since the marriage.

SSI benefits are limited for an LPR compared to a citizen.

Do you have a reference? We're still debating whether my wife will become a citizen.