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  • Married to US citizen, visiting US on a tourist visa

    Hi all,

    I'm a US citizen, and my fiancée (a Mexican citizen) are planning to get (legally) married in Mexico later this year. We are also planning to live outside the US for the next several years. She has a valid tourist visa, which has been valid for several years.

    1) We would like to have a completely ceremonial wedding in the US in mid 2018, for which my fiancée (then spouse) would need to enter the US for several days, before returning home to Mexico (for another ceremony there).

    2) While we would be living abroad, it would be nice for her to be able to accompany me to visit my family for special occasions or short trips (thanksgiving), or for transit through the US on flight layovers.

    While she can theoretically do all of those things right now without problem (especially #2) on her valid, existing tourist visa, we have been advised that upon marrying me (in Mexico), she could subsequently have problems at US ports of Entry, by border officials who could suspect her of intending to immigrate illegally on a tourist visa (fearing that we would then try to apply for a greencard or something).

    Is there any way around this? I'm just worried that, despite the fact that she has a valid tourist visa, and is only going for valid tourist travel, that she would still have problems because of suspicions to immigrate.

  • #2
    There's not really any solution to this. As she is intending to do short-term visits and then leave, a visitor visa is the appropriate visa for both #1 and #2. However, it is also true that there is a decent chance of denial of entry due to her being married to a US citizen.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Re: Married to US citizen, visiting US on a tourist visa

      You can travel back and fourth, but you will need proof of intent to leave.

      examples are:
      Return plane tickets with exit date
      accommodation bookings with checkout dates
      Letter from her employer dating her return
      Apartment/Lease/mortgage agreement in other country

      Since plane tickets can be canceled, and employee letters CAN be **** d, proving that she has significant ties to mexico will help. it's not a guardsmen, but if they ask you will have the documentation if needed.

      Cheers,

      Bear

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