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Marrying in Mexico w/ wife on a US tourist visa.

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  • Marrying in Mexico w/ wife on a US tourist visa.

    Hi thank you for looking at my post. I am getting contradicting answers to my question and I thought I would go ahead and make a post about it.

    I a US born citizen am marrying my fiancé a Mexican citizen in Mexico. My friend (US Citizen) who married some years ago (in Mexico) tells me that his Mexican wife was able to come back with him on her tourist visa and from there they were able to file the I-130 and the I-485 to have her being the process of getting her green card. She now has her card so I know what he is saying was at one time was ok to do. On the other hand a lawyer I talked to just told me if we marry in Mexico and file the civil papers she will not be able to come to the United States but instead have to wait for her interview at the US consulate which could take up to 10 to 11 months. Can anyone help clarify this?

    Overview Question: Can I (US citizen) marry my fiancé (Mexican citizen) and have her come live with me on her tourist visa while we file the paper work for her to get her Green Card?

  • #2
    The answer is generally no

    If you want her here in 6 months, file an Alien Fiancee Petition so that she can obtain a fiancee visa. But then, you won't be able to get married in Mexico, you will have to marry her in the United States

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    • #3
      If she has a tourist visa she can come into the united states, then you can begin the process of i 130 and 1 485

      hope that helps

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      • #4
        Originally posted by shy_20910 View Post
        If she has a tourist visa she can come into the united states, then you can begin the process of i 130 and 1 485

        hope that helps
        They will deny her entry on a visitor visa if they suspect she will do Adjustment of Status on that trip.

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

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        • #5
          Originally posted by shy_20910 View Post
          If she has a tourist visa she can come into the united states, then you can begin the process of i 130 and 1 485

          hope that helps
          Can anyone please clarify why some are saying you can do this while others are saying you cant? Can this be done and if so how do I go about doing it?

          - - - Updated - - -

          So it is possible? or it is not possible? She has to come here without the intention of adjustment of status? Can we still get married in Mexico and file all the civil and church papers? If anyone could be a little more through I would appreciate it a lot. Thank you for your time.

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          • #6
            different answers

            You are getting different answers because what is allowed and what people do are two different things.
            If she tries to come in the US on a visitor visa and tells the truth then she would not be allowed in. That's because a visitors visa is for visitors.
            People omit the truth. say that they are coming for a visit. then do AOS all the time so, is it allowed? No
            Is it done? all the time.
            This is my opinion not legal advice.

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            • #7
              Originally posted by samlynn View Post
              You are getting different answers because what is allowed and what people do are two different things.
              If she tries to come in the US on a visitor visa and tells the truth then she would not be allowed in. That's because a visitors visa is for visitors.
              People omit the truth. say that they are coming for a visit. then do AOS all the time so, is it allowed? No
              Is it done? all the time.
              And yet it is still ok to file all the legal paper work inside of Mexico?

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              • #8
                Originally posted by samlynn View Post
                If she tries to come in the US on a visitor visa and tells the truth then she would not be allowed in.
                You can't lie but you don't have to spontaneously tell everything if not asked. It's possible she will not be asked and be allowed in. There is nothing fraudulent in that.

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

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                • #9
                  What is the purpose of your visit? to live in the US and adjust my status. what part of that can be left out?
                  This is my opinion not legal advice.

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                  • #10
                    Originally posted by samlynn View Post
                    What is the purpose of your visit? to live in the US and adjust my status. what part of that can be left out?
                    They might not ask that.

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

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                    • #11
                      exactly. If it's asked and answered truthfully then she would be denied access. so if that is the risk you want to take then take it. let's all hope they don't ask it? It's all about what you choose to do.
                      This is my opinion not legal advice.

                      Comment


                      • #12
                        Originally posted by samlynn View Post
                        exactly. If it's asked and answered truthfully then she would be denied access. so if that is the risk you want to take then take it. let's all hope they don't ask it? It's all about what you choose to do.

                        I came on a visa twice before we decided to get marry and do AOS, neither of those times did they ask my purpose of visit. It's a good chance they might not ask. However if they did ask, she can always say vacation and return home at the end of her stay, no harm in that. Try another time.

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