Marreid here, but went back to Mexico

[Done--Really 331]

I have a friend who married a woman from Mexico who was here on a tourist visa, and then she returned to Mexico to care for a very ill relative. A few questions:

1) Can she return and complete AOS here, assuming she can get in. Her visa is still valid, but of course it is in her prior name, and she is unlikely to lie just to get in.

2) If they decide to go down the CR-1/IR-1 route, does it matter that they were married here rather than outside the country.

3) Assuming she stays in Mexico, what are the chances that she can get her tourist visa reissued in her married name so she can visit.

[Deputy Purple 1,294]

1) It is illegal to enter the US on a non-immigrant visa (such as tourist) with the intent to Adjust Status to Immigrant.

2) Where the marriage happened doesn't matter.

3) Since she is married to a US Citizen it will be more difficult for her to get into the US on a non-immigrant visa unless she lies about her marriage to CBP. Once the process has started some have used the NOA1/NOA2 as proof that they are going the legal route and been successful entering the US during the process.

[SuperDuper! 230]

Doesn't sound good.

Best wishes for her getting back in.