My Mamacita in Mexico -- How to marry?

[Benjinator 0]

Hi all, I've reading these boards for a while, but this is my first post. I'm posting because I'm a little confused about our situation and what we should do...

I met my lady about a year and 4 months ago. She is a Mexican citizen. Shortly after we met I invited her to come to the US. She was denied a tourist VISA. We continued to see each other and shortly thereafter, she applied for a student VISA (after being accepted to a US university English language program). I was her sponsor. Again she was rejected. Both times, we had no intention of getting married, she was my girlfriend and I wanted her to come to my city in the US. After the second rejection we rented an apartment together in Mexico and I've been living with her since then.

She is (and has been) married, to someone with whom she separated from 8 years ago. About 9 months ago we started talking about getting married and at that time she started divorce proceedings. With luck, the divorce will be finalized next week.

Is it true that we cannot marry in Mexico until she has been divorced a total of one year?

Is it true that we CAN apply for a K-1 immediately after the divorce is finalized?

Do I have to go back to the US at some point after filing the K-1 petition?

Also, I've been staying in Mexico on a tourist VISA, but I want to apply for a non-immigrant Visa (which used to be called FM3). Is it Ok to be in Mexico on an FM3 and apply for the K-1 at the same time?

Thanks!

[KayDeeCee 4,895]

You can file for a K-1 visa from there, but you will need a US address to use, family home perhaps? When it comes time for the visa interview, you will need to provide an affidavit of support showing you make enough to support her in the US after you are married, or find a co-sponsor.

I cannot see a reason you would need to return to the US until after her visa is approved, at which time she would have 6 months to enter the US and marry you in the US where you would then live together permanently.

If you are planning on getting an FM3 and staying in Mexico, then maybe you could look into getting married there when she is eligible and doing Direct Consular Filing for a US spousal visa when you are both ready and wanting to return to the US. You will still need to maintain US residency and have a US address to use, plus continue to file US tax returns.

[Pitaya 2,577]

Hi all, I've reading these boards for a while, but this is my first post. I'm posting because I'm a little confused about our situation and what we should do...

I met my lady about a year and 4 months ago. She is a Mexican citizen. Shortly after we met I invited her to come to the US. She was denied a tourist VISA. We continued to see each other and shortly thereafter, she applied for a student VISA (after being accepted to a US university English language program). I was her sponsor. Again she was rejected. Both times, we had no intention of getting married, she was my girlfriend and I wanted her to come to my city in the US. After the second rejection we rented an apartment together in Mexico and I've been living with her since then.

She is (and has been) married, to someone with whom she separated from 8 years ago. About 9 months ago we started talking about getting married and at that time she started divorce proceedings. With luck, the divorce will be finalized next week.

Is it true that we cannot marry in Mexico until she has been divorced a total of one year?

Is it true that we CAN apply for a K-1 immediately after the divorce is finalized?

Do I have to go back to the US at some point after filing the K-1 petition?

Also, I've been staying in Mexico on a tourist VISA, but I want to apply for a non-immigrant Visa (which used to be called FM3). Is it Ok to be in Mexico on an FM3 and apply for the K-1 at the same time?

Thanks!

Hola,

Consider taking a look at the Guides to get information on the various visas for US immigration.

Hopefully someone knowledgeable in Mexican immigration procedures can help you with your specific questions.

Good luck.

[Benjinator 0]

Thanks for the advice guys!

If you are planning on getting an FM3 and staying in Mexico, then maybe you could look into getting married there when she is eligible and doing Direct Consular Filing for a US spousal visa when you are both ready and wanting to return to the US. You will still need to maintain US residency and have a US address to use, plus continue to file US tax returns.

A US address is no problem, I have a business in the US, and I certainly intend to continue filing tax returns. Getting married in Mexico seems like a pretty good option, I just can't figure out if we would have to wait a full year after her divorce is finalized to do so. I have read that this is required to marry in Mexico, or maybe just certain states in Mexico. Really we'd like to take whatever route would get us to the US ASAP.

I was also wondering, would her prior VISA rejections be a big deal? She was rejected because she doesn't own any property or have any wealth or strong connections in Mexico.