Marrying Mexican before she finishes her degree in Mexico

[koekiemonsterjr 0]

Sorry for the long post. But I'm trying to start this process on the right foot.

I'm engaged to a lovely Mexican woman. We have set a date to get married next year. This was naively before checking immigration requirements.

I've read the guides and FAQs for a K-1, and I think that will be able to get approved without more than average difficulty. The problem is after receiving the K-1. My fiancee is currently working on her PhD in Mexico, and will be for the 3 years. So, after we get married, she will go back to Mexico to study.

The problem I see here, is apparently we have to apply for AOS nearly immediately after getting married, and while it's pending, she can't leave the country. I've read about the Advance Parole, which seemed like a savior until I read somewhere that approval of the Advance Parole could take up to 100 days. And it's stipulated that you have to have the Advance Parole in hand before you can leave, even after approval.

A thought that comes to mind is getting married under the K-1 and have her go back to Mexico, without applying for an AOS. Then we would apply for a CR-1. From what I read, this seems like we wouldn't be breaking any rules.

A twist in this is that she currently has a tourist visa, and I'm not sure whether or not applying for a K-1 will affect that. She has to come to international conferences in the US for school, so we need her to be able to still enter the US. And we'd also like to still see each other.

Also, I know no one on this board would provide illegal advice anwyays, nor do I want to do anything illegal, but it's extremely important to me that I don't break any laws. I have a job with the DoD, and would not be able to keep it if I broke any laws.

Thanks in advance for any help

[Casprd 167]

Sounds like the K1 followed by the CR-1 may be a good option or just forgoing the K1 and apply for the CR-1 when you are ready for her to move here would be an option also.

As for the travelling part, there is nothing that says with a K-1 petition pending that she can't come here on a tourist or business visa, but depending on the country, the CBP may not let her in and/or the US Consulate may not approve the visa. It seems she would be one of those who can easily show strong ties to her home and a history of legally entering and leaving on her current visa so that is definately in your favor. The only thing I would be concerned about is if she is coming to the US for business conferences on a tourist visa. This is definately not within the guidelines of a tourist visa, but it is one of those grey areas. Whichever way you go, just keep in mind that she must enter the country within 6 months of her medical exam.

[Penguin_ie 5,994]

She can get married on the tourist visa, she just cannot stay in the USA after- which she isn't planning anyway. So my suggestion would be to either get married in the USA on the tourist visa and then her finishing her PhD, with you guys doing a spousal visa about a year before she is ready to move, or get married in Mexico (this might be better, so her family can attend), and then do the same.

[Harsh_77 718]

In your case CR1 would also not be a good option until she is done with her research and is ready to move to US.

Reason is she is not going to move to US to be with immediately as she would be working on her research, in that case you can get married in either country as you guys like and as you have your families.

There is no impact at all.

[koekiemonsterjr 0]

The only thing I would be concerned about is if she is coming to the US for business conferences on a tourist visa. This is definately not within the guidelines of a tourist visa, but it is one of those grey areas.

She just sent me her visa info, and it's actually B1/B2.

She can get married on the tourist visa, she just cannot stay in the USA after- which she isn't planning anyway. So my suggestion would be to either get married in the USA on the tourist visa and then her finishing her PhD, with you guys doing a spousal visa about a year before she is ready to move, or get married in Mexico (this might be better, so her family can attend), and then do the same.

Penguin, you are a saint!!

That is a great idea!! but do you know of anywhere where I can be sure that it's ok to get married on a tourist visa if your not planning on staying in the US? I'll be googling while waiting for more advice

We're actually having 2 weddings, one in Mexico and one in the US, so both families can attend a wedding. But unfortunately, due to my job, I don't think I can get married in a Mexican court. But I am researching to see if that's a possibility. Because i thought about getting married down there, and doing the CR-1.

But, if she can get married and then go home, and we'd apply for a CR-1, that would be wonderful.

[LIFE'SJOURNEY 970]

Please be advise that when offered any type of visa that is immigrate intent, then non-immigrate visa will be voided. So, if she receives the K1 visa, consular will void the B2 visa.

[koekiemonsterjr 0]

Please be advise that when offered any type of visa that is immigrate intent, then non-immigrate visa will be voided. So, if she receives the K1 visa, consular will void the B2 visa.

Thank you for letting me know that. That was next on the list to find. I'm trying to find official word about what Penguin said, about getting married as long as there's no intent to stay, on official channels.

[LIFE'SJOURNEY 970]

Thank you for letting me know that. That was next on the list to find. I'm trying to find official word about what Penguin said, about getting married as long as there's no intent to stay, on official channels.

Penguin post ^^ is right on point.

[koekiemonsterjr 0]

Penguin post ^^ is right on point.

It does appear to be!! :-D

I just called USCIS and asked them. And I asked the question at least 5 different ways so, it couldn't be confused. She says this way to do it is legit.

THANK YOU PENGUIN!!! I'm pretty sure you have made my week!!

USCIS did say though, that i will have to contact CBP to ask what she should check on the US customs and immigration form when she enters the country. Because she sill be entering the country with the intent to marry me, and within a 2 week period. There's just no intent to stay. For the next couple of years anwyays

Edited April 6, 2011 by koekiemonsterjr