Need advice with Mexican fiancée

[Math Man 6]

Hi all,

I recently got engaged to a wonderful woman who lives in Chetumal, Mexico. At the time I proposed I knew nothing about the immigration issues involved, but I've been reading quite a bit about them over the past week or so. Based on my readings, here are some options I've considered. (The boldface text is for questions that I hope you can answer.)

Option 1: I'll start with the option that is probably best from an immigration standpoint, but which we can't do because of religious reasons. This option is to obtain a K-1 visa, bring my fiancée to the U.S. and have a civil wedding, and then return to Mexico to have a Catholic wedding so that her family and relatives can attend. The problem is that my fiancée and her family are opposed to her and me living together in the U.S. before the Catholic wedding is held, since this would violate the laws of the Church. There's no point in trying to change their minds--it won't work--but I wanted you all to know that I've at least considered this option.

Option 2: With this option, I would file for a K-1 visa and, in the meantime, have the Catholic wedding (but not the civil wedding) in Mexico. However, I have two questions:

Question: Some random website I read (I don't remember which) claimed that it wasn't possible in Mexico to have a Catholic wedding without first having a civil wedding. Is this true? If so, then Option 2 is out.

Question: Even if it IS possible to have the Catholic wedding in Mexico before my fiancée comes to the United States for the civil wedding, is it advisable from an immigration standpoint? Everything I've read indicates that a Catholic wedding in Mexico is not a legal wedding, and we wouldn't be married in the eyes of the Mexican government (and therefore in the eyes of the U.S. government, either). So it doesn't appear that having a Catholic wedding prior to my fiancée coming to the U.S. would mess up the K-1 visa. Is this correct?

Option 3: The last option is for us to have a civil wedding in Mexico and then for me to return to the U.S. and file for a K-3 spousal visa (rather than the K-1). Several months after the civil wedding we'd have the Catholic wedding, and then I'd have to wait for my spouse in the U.S. until she was granted the K-3. But this leads to the following question:

Question: How difficult is it for an American man to get married (civilly) to a Mexican woman in Mexico? I've found several websites that describe the various items I'd need to provide, but I haven't gotten a sense of how long it would take. Is it something I could accomplish in, say, one 10-day trip? I know I have to get permission to marry from the Mexican government, but I don't know how long that takes.

Thanks in advance for your help,

Matt

[~Laura and Nick~ 5]

Hi Matt

Welcome to VJ

I'll try to answer some of your questions but I'm sure other people will have more information for you.

First off, if you go with option 1, she comes to the U.S. and you get married here, she is not allowed to leave the country before she has her green card unless she has advanced parole. You apply for advanced parole when you file your Adjustment of Status after being married. It can take up to several months to be granted the advance parole.

Your second option is to have a ceremony in mexico but it wouldn't be a legal marriage. I don't really know too much about this topic. I have read that some people have had ceremonies outside of the U.S. but weren't technically married and so they were fine with the K1. If it is a legal and binding wedding ceremony then she is no longer your fiance, but your wife and you will be denied.

As for your third question, I have no idea but I'm sure someone else will be able to help you.

Best of luck!!!

~Laura

[Chica Yeyé 41]

Hi Matt

Welcome to VJ. In Mexico, you cannot have a religious wedding without showing the priest your civil marriage certificate; it's the law (I'm Mexican, trust me).

How about marrying in Mexico both civil/religious and then applying for a K-3 or CR-1 spousal visa?

Good luck, L.

[Math Man 6]

Hi Laura and Len,

Sorry for my delay in responding--I've been on the road for business and have had only sporadic Internet access. Thank you both for your replies. It looks like the best option for us is to have the civil wedding in Mexico and then immediately apply for a K-3 visa while we plan the Catholic wedding (which will also be in Mexico). I was initially dreading having to obtain permission from the Mexican government to marry my fiancée, but her father knows an immigration attorney in Mexico who's going to help us through the process (apparently at no charge!). Once I have that Mexican marriage certificate, I think I'll be able to handle applying for the K-3 myself, without the help of a lawyer.

Again, thanks so much for your help. I'm sure I'll have more questions as I get further along in the process!

Matt

[~Laura and Nick~ 5]

Hi Laura and Len,

Sorry for my delay in responding--I've been on the road for business and have had only sporadic Internet access. Thank you both for your replies. It looks like the best option for us is to have the civil wedding in Mexico and then immediately apply for a K-3 visa while we plan the Catholic wedding (which will also be in Mexico). I was initially dreading having to obtain permission from the Mexican government to marry my fiancée, but her father knows an immigration attorney in Mexico who's going to help us through the process (apparently at no charge!). Once I have that Mexican marriage certificate, I think I'll be able to handle applying for the K-3 myself, without the help of a lawyer.

Again, thanks so much for your help. I'm sure I'll have more questions as I get further along in the process!

Matt

You are very welcome

I hope the K3 process goes as smoothly and quickly as possible for you and your loved one.

You'll totally be able to do it on your own...just follow the Guides for the K3 here at VJ and you'll be set!

~L

[PpZap 0]

About having the church wedding without the civil wedding in Mexico, the answers is yes, it is possible. I am Mexican too and am in the same boat. We talked to the priest and he requested permission to the local bishop to marry us without the civil wedding due to immigration proceedings. Permission was granted without a problem.

Hope this helps.