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Filed: Country: Mexico
Timeline

My fiancee has been denied a visitor visa because she is divorced. Can she cross the border and get married in a texas town without a visa. She has a mexican passport. If so is it better to get married first and then file for a K-3 visa or just file the K-1 visa and wait.. Thanks for the help.. Terry

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Filed: AOS (apr) Country: Mexico
Timeline

I don't think that it would be possible! The other choice is that the US citizen will go to Mexico to get marry with the foreign person. And next, you can apply for K3 visa.

Good luck

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Filed: AOS (apr) Country: Mexico
Timeline
My fiancee has been denied a visitor visa because she is divorced. Can she cross the border and get married in a texas town without a visa. She has a mexican passport. If so is it better to get married first and then file for a K-3 visa or just file the K-1 visa and wait.. Thanks for the help.. Terry

She wouldn't be able to cross without a visa. K-1 and K-3 both take time, but I don't know if one is quicker. You could search previous posts where people posed the same question: K-1 vs. K-3.

Summer 2001--we met in Manzanillo, Mexico

10/02--129F submitted (We had 1 RFE)

7/03--Interview in Ciudad Juarez

2/15/04--Married

4/2/04--AOS submitted

8/23/04--Interview in Chula Vista, CA (approved pending name check)

5 EADs, 3 APs, multiple Senators' inquiries and infopass appts, 2 AOS biometrics,

and one move to Seattle later...

3/3/08--AOS Biometrics renewal in Seattle

6/9/08--10 year green card arrived in the mail. My husband is no longer in immigration limbo and is a realio, trulio permanent resident! It says he's been a resident since 04/17/2008.

1/17/11--Apply for Citizenship

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Historically K1 is a tiny bit faster than K3. If your in a VSC state the K3s have really slowed down recently.

If you want to marry in the US then K1 is definitely your route (as she is unable to get the visitors visa.) You may want to post in the Regional thread to find out what the current processing times are for filers from Mexico.

Considering the massive penalties your SO will incur if she is caught in the US illegally, waiting 6 - 8 months for the appropriate visa really doesn't seem too bad.

Good luck with your journey

Bex xxx

I-129F

12.03.08 ~ NOA1

12.05.08 ~ NOA2

06.06.08 ~ Packet 3

18.06.08 ~ Packet 4

25.06.08 ~ Medical

11.07.08 ~ Interview - Approved!

22.07.08 ~ POE Atlanta

K1 = 3months, 29days

AOS

07.11.08 ~ NOA 1 - AOS, EAD, AP

24.11.08 ~ Transferred to CSC

28.11.08 ~ Biometrics

31.12.08 ~ EAD/AP Approved :)

23.03.09 ~ RFE

06.04.09 ~ RFE response delivered to CSC

22.04.09 ~ Card production ordered

01.05.09 ~ Conditional GC arrived in the mail

Permanent Residence = 5months, 15days

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