***Concern regarding legal process of marriage/legalization***

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ehw23

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My future fiance/wife FABIOLA, 25yrs old, is a Mexican citizen and I, EDDIE, 22yrs old, am a US citizen.
We are currently both here in Mexico right now living (I am on my tourist visa FMT). We want to know the BEST way to go about getting married and legalizing her so we can start our life in the US. We have heard it is possible for her to go to the states with her visa and we get married before it expires and then she would overstay her visa and we would file for her to become legal in the US. Is it easier and less complicated to just get married here in the states or Mexico? Also, I was wondering if it's cheaper altogether (the whole process) to do it from Mexico or to be in the states? We want to weigh out our options...the least complicated way possible!

If anyone could PLEASE help us out, we would really appreciate it. Time is not a huge factor for us but we would like to be in the US ASAP, us three as a family. I know costs/fees will be higher in the US rather than in Mexico so we were thinking it would be better in Mexico to get married and start the process.
We do not really want to hire a lawyer because I know almost everything that a lawyer would know and not to insult their intelligence, I just don't think it will be all necessary to spend the money for one because of high costs.

Also, if anyone can share more information on each step of the process that we will need to know until she gets her citizenship and we all 3 are settled in the states.

Approximately how much would it be altogether if we did it in Mexico & in the US?
And about how long would this whole process take til we are able to live in the US?

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Key Notes, I DONT KNOW IF THIS AFFECTS ANY OF THE PROCESS OF PAPERWORK/LEGALITY:
- We have a 1yr old boy who was born in Mexico. (He should automatically be a US citizen after i file for his paperwork in May)
- She used to live in the states for 7yrs, in which she obviously overstayed her visa back in the day. She left back to Mexico around when she finished HighSchool and has been living in Mexico ever since. She has had her visa and is able to go back and forth from the states when she wants to see her family in Texas.


THANKS GUYS.
EDDIE :D
 
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- We have a 1yr old boy who was born in Mexico. (He should automatically be a US citizen after i file for his paperwork in May)
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If you were already a US citizen before his birth, and you have lived in the US for at least 5 years, he probably acquired US citizenship at birth and you can apply to the US consulate right now to get a US passport for him. See http://travel.state.gov/law/info/info_609.html

She has had her visa(green card) and is able to go back and forth from the states when she wants to see her family in Texas.
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She has a green card already? Then why are you even posting this thread? Do you know what a green card is?
 
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That was my error. I meant to say she has her VISA and is able to travel back and forth from US to Mexico.

Also, we are waiting til May to file for his citizenship because my last name was not attached at birth so it is in the process of being changed and will not be ready til May. I will proceed with that process in May and hopefully it will go smooth and he can become a dual citizen. I hear that process and paperwork is not too harsh thankfully.
 
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ehw23 said:
We have heard it is possible for her to go to the states with her visa and we get married before it expires and then she would overstay her visa and we would file for her to become legal in the US.
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Yes, it is possible to do it that way, although Immigration doesn't like it when you go that route because it violates the nonimmigrant intent of the tourist visa, and they would refuse entry at the border if they know or strongly suspect that's what you're planning to do.

Another route which doesn't violate the immigrant intent issue is for you to move to the US first (she should enter the US by herself with the tourist visa, because entering with a US citizen boyfriend and US citizen child will very likely raise the suspicion that she is going to overstay), get married, file the I-130 petition specifying the desired consulate in Mexico, then when it is approved a few months later she would finish up the process at the consulate. She can remain in the US while the I-130 is in process, provided she got into the US in the first place and doesn't overstay the visa.

If approved, she will get an immigrant visa in her passport, which has to be used within 6 months. She becomes a permanent resident the day she is admitted into the US with the immigrant visa, and then the green card will be delivered a few weeks after she enters the US. The Social Security card will also be delivered if it was requested on the consular paperwork, but she shouldn't request it if she already had an SSN from when she was living in the US years ago.

Another method similar to the above is the fiancee visa. The difference is that it is normally faster to obtain than the immigrant visa, but she must remain unmarried until after she enters the US with it. The marriage must occur within 90 days after arriving with the fiancee visa, and further paperwork must be filed to convert to a green card.

Either way, for your situation it's better to get married in the US.
 
Thanks guys!

You do not understand how much this is helping me along the way. I want to really thank you guys for sharing your knowledge with me. I am just getting started and I am going to go that route( she will go on her tourist visa to Texas and we will get married before it expires) but she will end up overstaying her visa. We also have a 14month old little boy that was born here in Monterrey and I do not know how that affects the decision making process but I know I have to claim him on my affidavit of support.


- She wont be able to return to mexico until she gets her green card and everything is done correct?

- Do you think they may be strict on us since we got married in US on her tourist visa when we are at the interview?

- Are there any tips or hints that we should know at interview or for paperwork?

- Should the i130 and i485 paperwork be filed or finished before her visa expires or does it matter?

- We both are going into Texas separately in June, so that way there is no suspicion when crossing. She is going to say she is going to visit family in Texas because she is off work for 2 weeks. That is when we will get married about 2 weeks into it and start process (or should we get married ASAP when we get to Texas?) We have both decided to tell the person at the interview that I was in North Carolina (because that is where I reside originally) and knew she was going to Texas so I decided I was going to surprise her and propose to her and get married in Texas...so that way at the interview...they know she had no intent of getting married on tourist visa when entering the US.

- And about how much do you think it will cost for EVERYTHING approximately? (she will try and fill out the form that allows her to work also)

- I know each case varies, but if you could give us some tips on speeding up the process and making it as cost efficient as possible. Im not hiring a lawyer because I do not feel it necessary and it costs a lot as well.

- ALSO, I AM DOWN HERE IN MEXICO WITH HER BUT I DID NOT TAKE OUT MY TOURIST VISA WHEN DRIVING DOWN HERE SO I AM TECHNICALLY NOT EVEN OUT OF THE US IF THEY LOOK INTO IT. WE PLANNED ON GOING BACK TO THE STATES SEPARATELY (HER AND MY SON & ME ALONE) SO IT DOESNT RAISE ANY FLAGS.

-ALSO, SHE WONT BE COMING BACK TO MEXICO UNTIL EVERYTHING IS FIXED IN THE STATES. SHE WILL OVERSTAY HER VISA BUT SINCE I WILL BE PETITIONING FOR HER, IT SHOULDNT BE A PROBLEM CORRECT? OR ARE YOU GUYS SAYING SHE NEEDS TO COME BACK TO MEXICO BEFORE HER VISA EXPIRES? WE WOULD RATHER BOTH STAY IN THE US UNTIL EVERYTHING IS FIXED IF POSSIBLE AND REASONABLE. THANKS AGAIN GUYS!!!!
 
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- She wont be able to return to mexico until she gets her green card and everything is done correct?
She can return to Mexico whenever she likes. However, one thing that is really really important is that she does NOT overstay in the US past the expiration on her I-94.

- Do you think they may be strict on us since we got married in US on her tourist visa when we are at the interview?
Getting married in the US is perfectly fine. It is getting married in the US and then attempting to AOS in the US (when intent was there prior to entry) when it becomes an issue.

- Are there any tips or hints that we should know at interview or for paperwork?
Follow the guides I sent you for instructions on how to fill out the paperwork.
At the interview make sure you are able to and have proof that your relationship is bone fide and not for immigration purposes......if you can do this then you should be fine.

- And about how much do you think it will cost for EVERYTHING approximately? (she will try and fill out the form that allows her to work also)
Im not sure exactly how much the cost is.....it should state somewhere on the guides I sent you.
As you will be applying for a CR1 visa, then there is no need to fill out the work permit form....CR1 visa holders become PRs upon entry to the US and are work authorised from day one.

- I know each case varies, but if you could give us some tips on speeding up the process and making it as cost efficient as possible. Im not hiring a lawyer because I do not feel it necessary and it costs a lot as well.
To speed it up.....make sure all your paperwork is filled out correctly and you have included all the required documents....this will reduce the likelihood that you will get an RFE which can delay the process.


-ALSO, SHE WONT BE COMING BACK TO MEXICO UNTIL EVERYTHING IS FIXED IN THE STATES. SHE WILL OVERSTAY HER VISA BUT SINCE I WILL BE PETITIONING FOR HER, IT SHOULDNT BE A PROBLEM CORRECT? OR ARE YOU GUYS SAYING SHE NEEDS TO COME BACK TO MEXICO BEFORE HER VISA EXPIRES? WE WOULD RATHER BOTH STAY IN THE US UNTIL EVERYTHING IS FIXED IF POSSIBLE AND REASONABLE. THANKS AGAIN GUYS!!!!
I would advise not to overstay the visa......should any complications arise with the visa process (it can and it does happen) you do not want your wife to overstay in the states long enough that she accrues a ban.
 
ehw23 said:
- Should the i130 and i485 paperwork be filed or finished before her visa expires or does it matter?
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I-485 is only required if she is going to stay in the US to pursue the green card process to completion. It is better to file it before the I-94 expires, although not absolutely required for marriage to a US citizen.

If she plans to interview in Mexico, the I-130 would be filed without an I-485. But if she files I-485, the interview and all other stages (medical, fingerprinting) will be inside the US.

- We both are going into Texas separately in June, so that way there is no suspicion when crossing. She is going to say she is going to visit family in Texas because she is off work for 2 weeks. That is when we will get married about 2 weeks into it and start process (or should we get married ASAP when we get to Texas?) We have both decided to tell the person at the interview that I was in North Carolina (because that is where I reside originally) and knew she was going to Texas so I decided I was going to surprise her and propose to her and get married in Texas...so that way at the interview...they know she had no intent of getting married on tourist visa when entering the US.
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Don't dive into untrue stories like that. They deal with liars all the time and they have ways of fishing out lies in ways that you don't expect. And I wouldn't believe such a story if I were the interviewer. There are many surprise proposals, but not many surprise weddings. If you get married 2 weeks after she enters the US, they'll conclude that you both planned it before she entered.

But if she interviews in Mexico at the end of the process without overstaying the visa, instead of filing I-485 and remaining in the US, the fact that she got married in the US quickly after entering the US won't be held against her.
- And about how much do you think it will cost for EVERYTHING approximately? (she will try and fill out the form that allows her to work also)
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Couple thousand dollars, approximately.

You said you are in Mexico only in tourist status, not as a Mexican resident? So you still have a primary residence in the US, even if it's your parents' house? If both of those are true, the fiancee visa might be a better route. It should be approved in about 2 to 4 months, then you can both travel together into the US and get married and pursue the green card process to completion without having to dance around immigrant intent issues at the border or in the interview or make up stories. And since you are waiting until May anyway to pursue the citizenship paperwork for your child (which will likely take until at least June for them to approve it and give you the passport), it won't be that much longer for the fiancee visa to be ready.
 
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Jackolantern said:
If she plans to interview in Mexico, the I-130 would be filed without an I-485. But if she files I-485, the interview and all other stages (medical, fingerprinting) will be inside the US.


Don't dive into untrue stories like that. They deal with liars all the time and they have ways of fishing out lies in ways that you don't expect. And I wouldn't believe such a story if I were the interviewer. There are many surprise proposals, but not many surprise weddings. If you get married 2 weeks after she enters the US, they'll conclude that you both planned it before she entered.

But if she interviews in Mexico at the end of the process without overstaying the visa, instead of filing I-485 and remaining in the US, the fact that she got married in the US quickly after entering the US won't be held against her.

Couple thousand dollars, approximately.

You said you are in Mexico only in tourist status, not as a Mexican resident? So you still have a primary residence in the US, even if it's your parents' house? If both of those are true, the fiancee visa might be a better route. It should be approved in about 2 to 4 months, then you can both travel together into the US and get married and pursue the green card process to completion without having to dance around immigrant intent issues at the border or in the interview or make up stories. And since you are waiting until May anyway to pursue the citizenship paperwork for your child (which will likely take until at least June for them to approve it and give you the passport), it won't be that much longer for the fiancee visa to be ready.
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1-i hear its a big hassle to file in mexico after we get married..is that so or does anyone know? are there extra documents or what for filing from mexico? i will have to be separated from her because i will have to be in the states filing paper work and sending off files while she in mexico ? depends if i go fiance or tourist visa route for her right?

2- does it cost more or are there more stipulations for this?

3- i am actually here illegally , as in i didnt take out my tourist visa comin from us-mexico. so they do not know i am here, but i dont know if that affects me during process. i know if i get caught,,i may have to bribe an official like i did on the way in here (they stopped us,. but wasnt a big deal)..consequences are not a HUGE deal so im not TOO worried about it.

4- i just dont want to go the fiance visa route because it drags on longer..the whole process. i think the best route would be to get married in the states and she can come back before her visa expires and i will stay in the states and work. is there much left to do after i file the paperwork(i130)?

5- so basically what im asking is... get married in US, file i130, and then she returns to mexico before the expiration -OR- file for fiance visa and go that route? WHICH IS CHEAPER AND WHICH IS QUICKER AND WHICH IS SAFER?

6- so it is a big risk for us to get married on her tourist visa and have her overstay until she gets her green card is what i am understanding? would you guys do it? are there any tips or ways to get around this and go thru with this? judging by the sound of it, i dont know but i kind of want to have the input of you guys because i have a better feeling about what you say jackolantern and what the rest say. you seem like you know alot about the process and the loopholes.

i know i sound repetitive but I am just wanting to make sure and I am sure you guys know much more about this than I do, I just cannot afford a lawyer and wish things could be easier...but thats life and im going with it.

Thanks again guys...
Eddie
 
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elcupacabras said:
- She wont be able to return to mexico until she gets her green card and everything is done correct?
She can return to Mexico whenever she likes. However, one thing that is really really important is that she does NOT overstay in the US past the expiration on her I-94.

- Do you think they may be strict on us since we got married in US on her tourist visa when we are at the interview?
Getting married in the US is perfectly fine. It is getting married in the US and then attempting to AOS in the US (when intent was there prior to entry) when it becomes an issue.

- Are there any tips or hints that we should know at interview or for paperwork?
Follow the guides I sent you for instructions on how to fill out the paperwork.
At the interview make sure you are able to and have proof that your relationship is bone fide and not for immigration purposes......if you can do this then you should be fine.

- And about how much do you think it will cost for EVERYTHING approximately? (she will try and fill out the form that allows her to work also)
Im not sure exactly how much the cost is.....it should state somewhere on the guides I sent you.
As you will be applying for a CR1 visa, then there is no need to fill out the work permit form....CR1 visa holders become PRs upon entry to the US and are work authorised from day one.

- I know each case varies, but if you could give us some tips on speeding up the process and making it as cost efficient as possible. Im not hiring a lawyer because I do not feel it necessary and it costs a lot as well.
To speed it up.....make sure all your paperwork is filled out correctly and you have included all the required documents....this will reduce the likelihood that you will get an RFE which can delay the process.


-ALSO, SHE WONT BE COMING BACK TO MEXICO UNTIL EVERYTHING IS FIXED IN THE STATES. SHE WILL OVERSTAY HER VISA BUT SINCE I WILL BE PETITIONING FOR HER, IT SHOULDNT BE A PROBLEM CORRECT? OR ARE YOU GUYS SAYING SHE NEEDS TO COME BACK TO MEXICO BEFORE HER VISA EXPIRES? WE WOULD RATHER BOTH STAY IN THE US UNTIL EVERYTHING IS FIXED IF POSSIBLE AND REASONABLE. THANKS AGAIN GUYS!!!!
I would advise not to overstay the visa......should any complications arise with the visa process (it can and it does happen) you do not want your wife to overstay in the states long enough that she accrues a ban.
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i havent received any messages or email for you regarding this info...is that what you were referring to when you said the info you sent me?
 
ehw23 said:
1-i hear its a big hassle to file in mexico after we get married..is that so or does anyone know? are there extra documents or what for filing from mexico? i will have to be separated from her because i will have to be in the states filing paper work and sending off files while she in mexico ? depends if i go fiance or tourist visa route for her right?
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I don't know if it's a bigger hassle to complete the process in Mexico, unless you consider her actually traveling back to Mexico to be a big hassle.

3- i am actually here illegally , as in i didnt take out my tourist visa comin from us-mexico. so they do not know i am here, but i dont know if that affects me during process. i know if i get caught,,i may have to bribe an official like i did on the way in here (they stopped us,. but wasnt a big deal)..consequences are not a HUGE deal so im not TOO worried about it.
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When you file the I-130 or I-129F, what the US wants to know is that you are primarily resident in the US. Not which country you are in physically at a given moment in time. You are not a permanent resident of Mexico, nor working in Mexico on a long-term work visa, nor a dual Mexico-US citizen residing in Mexico, and you apparently have a place to live in the US, so you shouldn't have a problem.

4- i just dont want to go the fiance visa route because it drags on longer..the whole process. i think the best route would be to get married in the states and she can come back before her visa expires and i will stay in the states and work. is there much left to do after i file the paperwork(i130)?
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In your case it won't be much of a difference, because you aren't moving to the US immediately. You're not going back to the US until you can bring your son, correct? Which means you aren't going until he has a US passport, which would be June or July. So you could file for the fiancee visa immediately while you are still in Mexico (remember what matters is that you have a primary residential address in the US, not that you are physically in the US at the moment). Then it should get approved somewhere from June to August, which is not long after your son gets his passport.

Then you can both travel together into the US, no need to travel separately or make up any stories at the border or in the interview, because the fiancee visa is designed specifically to enter the US to get married and immigrate. Then once inside the US, you'll get married and she will file I-485 and the associated documents (no I-130, because I-130 is not required if she enters with the fiancee visa) and complete the interview and all other GC-related activities inside the US, with no need to travel back to Mexico.
 
ok, i think fiance visa may be the route we go now.


-fees and all related costs won't be much higher right, filing for the k1 fiance visa and doing it the legit way?

-since i am in mexico til june,july,or august...i would have to send off the paper work from mexico to the us is what you are saying? because since we wont be to the US until june,july,or,august there isnt much we can do to start the process ...except start off by sending off i129 from mexico right?



my only problem is that i do not have all necessary documents that they may ask me for because i reside in NC and dont have access to get police reports or whatever else is needed. i have my birth certificate and NC license. just cant go home to NC for anything until the summer.


i will be in on later on after we get back from her familys house and will be able to respond in a more reasonable fashion. sorry for the clutter.
 
I don't believe you (the petitioner) need that many documents to submit with the petition. You need to be able to prove that you are a USC, so as long as you were born in the US, then the birth certificate you have with you now should suffice. The petitioner (you) does not need to submit police records (the beneficary does at the consulate stage).
So long as you have not been previously married and therefore need to submit a copy of your divorce decree, then I can't really think off the top of my head about anything else that you would need before the consulate stage(someone please yell at me if Im missing something).

One thing you do need to think about though for when the petition reaches the consulate stage, is that you meet the minimum income requirements (or have a joint sponsor to help you reach this) for the affidavit of support that is required.
 
ehw23 said:
-since i am in mexico til june,july,or august...i would have to send off the paper work from mexico to the us is what you are saying? because since we wont be to the US until june,july,or,august there isnt much we can do to start the process ...except start off by sending off i129 from mexico right?
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Yes, you can Fedex/UPS/DHL it in from Mexico.

my only problem is that i do not have all necessary documents that they may ask me for because i reside in NC and dont have access to get police reports or whatever else is needed. i have my birth certificate and NC license. just cant go home to NC for anything until the summer.
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You should already have enough to send in the I-129F next week. Download the I-129F and the instructions and you'll see that it's not much. The heavy documentation requirements are later on in the process ... first when your fiancee shows up at the consulate in a few months to interview for the visa, and again after you get married in the US.
 
I think we will most likely be taking the tourist visa route because after talking thru with it each other, we think its more a better route to go. Our gut feeling is good and I believe we can do it. It may sound dumb and I understand the risk but either way, I wanted to run this by you guys. I know you guys ran me thru A LOT with the k1 fiance visa info but figured if you guys have any helpful tips or pointers or suggestions for us following thru with the tourist visa, that would be great.

-Whether or not she overstays her i94 and/or tourist visa, I don't know if she is going to come back before it expires or she overstays. . . either way, as long as we get married and start filing before too much time passes by, I am confident nothing too bad will happen. I figure in the most extreme cases that they will really be suspicious.

-Now we do not know if we are going to NC to reside or stay with her relative in TX until the process is thru but we are thinking this is the way that we are going. Do you guys think since there is less immigration issues in NC than TX, that it would be better to file from there and do interview over there in NC? Because TX has dealt with this a lot I'm sure...or it could be vice versa...that they may be more lenient.

-In regards to her last name change when we get married, I do not know if I need to use her NEW last name or her FORMER last name when filing the applications out. I am pretty sure if we get married and her name is changed then, then we can use her NEW last name (my last name) on the filing applications and forms for the future. What do you guys think?

-I was also thinking that me and her should have both of our names on her bank account so that there is documentation and proof we are together. I told my lady that today and we should get to do that this week and have both of our names on one account for future documentation on forms. What do you think?

I understand this comes with risks but we have both decided to go this route and I pray that it goes smooth. With that said, again, I really appreciate all the advice and info that you guys have given me...it has helped and after weighing the options and risks, we would LOVE to know the BEST WAY to go about STARTING THE PROCESS FROM THIS DAY FORWARD!


THANKS AND THANKS AGAIN

EDDIE
 
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elcupacabras said:
Tourist visa route? You mean entering on a tourist visa and AOSing to GC holder?
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Yes that is what i mean


IMPORTANT: Get married right away in the US, complete the necessary paperwork and send it in to USCIS. Once USCIS gets it, they will send you (her) a letter within about 30 days that will allow her to stay in the US until the process is complete--the letter overrides the visa. She will not be allowed to travel outside the US for about 1 year or until the Permanent Residence (green card) is issued. Ours took about 7 months.

IS THIS STATEMENT ABOUT TRUE? I HEAR IT IS BECAUSE SOMEONE SENT IT TO ME :)

THANKS AGAIN
 
Triple Citizen said:
Did the same persopn also tell you that entering the US as a visitor with the intent to AOS may cause grief at the AOS interview?
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YES. I KNOW. KEY WORD.... "MAY" cause grief. Not saying that it WON'T happen but it can but we are deciding to do the tourist visa route.
 
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