Fiance with Child

[MoeG]

Hello all

I am a US citizen, and have a girlfriend who is a Mexican citizen. She currently has a visa to the US (Visitors Visa I believe), and has visited here already. We are considering getting married, and we are trying to find the best way of doing this. It seems the easiest way would be for her to come to the US using her existing visa, and then get married in the US, then she can apply for citizenship.

However, she has a child. Her child doesn’t have a visa. If we got married in the US, would she be able to return to Mexico to wait for her child’s Petition for Alien Relative to be processed? How long does this process take? Would it be easier (or possible) to obtain a Visitors Visa for her child now, and then have them come to the US together, and get married then? Would her child be able to stay? I would like them both to come here without having them separated from each other for a long period. I would appreciate any helpful insight.

[RCM]

If she marries you while on a tourist/visitors visa it can be a problem as the USCIS can detemine that she deceived them in saying she was coming into the US as a visitor when in fact she came to get married and stay. Best approach is the K!/K2 fiancee visa, then she can come in with intent to marry and her child will be able to come with her on a K2 visa which is part of the same application.