Procedure of getting married and getting a green card.

[craftercool]

Hi there! I'm Jesus
I have like... a thousand questions
My fiance (a US citizen) and I are already living together in Mexico, now, we want to go to El Paso Tx with her family, we're about to get married there but we are like "which are the next steps?", "how can I start working legally?", "where should we go (or do) after the wedding?".

I can go legally to the US with my visa but I understand that I cannot stay just because I marry her there, so, after being married what should we do?

And also, something that worries me a lot, from what point in that process I won't not be able to leave the American territory? (and for how long?)

Thank you in advance for any help they you could provide me about this matter.

[rayb]

If you marry in the U.S., submit an I-130 immigrant petition. You can then decide if you will be processed in Mexico for a spousal visa, or stay in the U.S. for Adjustment of Status (I-485). If you submit the I-485 with proof of the I-130 being submitted (Receipt Notice of Action), you should plan on remaining in the U.S. for the duration of the processing (5-6 months), else you risk being considered a visa overstay if you leave the U.S. and try to return.

--Ray B

Hi there! I'm Jesus
I have like... a thousand questions
My fiance (a US citizen) and I are already living together in Mexico, now, we want to go to El Paso Tx with her family, we're about to get married there but we are like "which are the next steps?", "how can I start working legally?", "where should we go (or do) after the wedding?".

I can go legally to the US with my visa but I understand that I cannot stay just because I marry her there, so, after being married what should we do?

And also, something that worries me a lot, from what point in that process I won't not be able to leave the American territory? (and for how long?)

Thank you in advance for any help they you could provide me about this matter.

[craftercool]

Excellent explanation Ray, I'd wish Google's results were so clear, so, if I decide to return to Mexico after the wedding and be processed for a spousal visa: Won't there be a period when I won't be able to leave the U.S?

If you marry in the U.S., submit an I-130 immigrant petition. You can then decide if you will be processed in Mexico for a spousal visa, or stay in the U.S. for Adjustment of Status (I-485). If you submit the I-485 with proof of the I-130 being submitted (Receipt Notice of Action), you should plan on remaining in the U.S. for the duration of the processing (5-6 months), else you risk being considered a visa overstay if you leave the U.S. and try to return.

--Ray B

[rayb]

There is never anything keeping you from leaving the U.S. But keep in mind that when you do leave, your preexisting visa stay (B2 ?) might be expired and you should be subject to overstay bar from reentering the U.S. When trying to reenter the U.S. on a preexisting nonimmigrant visa, your current Adjustment procedure can be interpreted as "intent to immigrate," a standard reason for denial of entry.

--Ray B

Excellent explanation Ray, I'd wish Google's results were so clear, so, if I decide to return to Mexico after the wedding and be processed for a spousal visa: Won't there be a period when I won't be able to leave the U.S?

[craftercool]

I see... so, if I 1.- Marry 2.- Leave the U.S. and 3.- My wife start the green card procedure for me.

In that case, would I need to wait until my green card is ready to come back?

There is never anything keeping you from leaving the U.S. But keep in mind that when you do leave, your preexisting visa stay (B2 ?) might be expired and you should be subject to overstay bar from reentering the U.S. When trying to reenter the U.S. on a preexisting nonimmigrant visa, your current Adjustment procedure can be interpreted as "intent to immigrate," a standard reason for denial of entry.

--Ray B

[craftercool]

Ok new assumption: Since we already have our marriage license, what if we get married at the bridge without me crossing to the US? That way I wouldn't be lying and crossing with the intention of getting married.

Then after married she files the petition either from Mexico or from the US.

What do you think?