Procedure of getting married and getting a green card.

Jesus Baray

Jesus Baray

New Member
Hi there!
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I have like... a thousand questions.
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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?", "does the petition needs to be filed from Mexico or at the U.S.?".

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? I was told that there is a 3-4 months way to do this.

And also, something that worries me a lot, from what point in the Green Card process I won't 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.
 
You need to provide more details. What kind of visa do you hold? If it's a B-2 visa (the most common visa), you cannot enter the US legally on a B-2 visa with the pre-existing intent to marry an American after you enter. The reason is that a B-2 visa is a non-immigrant visa, and can only be used by non-immigrants. Intent to marry an American creates a presumption of intent to immigrate, which is expressly forbidden under the B-2 classification.

What's weird is that you can enter the US legally on a B-2 visa (with no intent to marry anyone), and then while you are in the US, change your mind, and marry an American. That is, it is legal to form immigrant intent while you are in the US, regardless of your legal status, as long as you are not otherwise out of status and you otherwise abide by the conditions of your lawful admission (e.g. leave the US before your legal status expires). So you can enter the US, and then later decide to marry. You just can't enter the US on a B-2 visa having already decided to marry. Yes, it's crazy.

If you are already engaged, and you want to enter the US legally to marry, you need a visa that allows immigrant intent. The most obvious choice is an immigrant visa, which also allows you to get a green card. Other options under the law include a K-1 visa, an H-1B visa, or an L visa. Federal regulations also permit E, O, and P visa holders to have dual intent. Most people in your situation who want to marry in the US apply for the K-1 visa. The K-1 visa application by itself takes six months to process, and during this time you cannot enter the US. Once you enter the US, you can marry and then apply for adjustment of status (AoS). The AoS process takes (very) approximately nine months, during which you must remain in the US and cannot leave (because you would have no legal way to re-enter).

Another option is to marry in Mexico and then apply for an immigrant visa through consular processing. This process takes (again, very) approximately nine months, during which you cannot enter the US. Once consular processing succeeds, you then enter the US and you automatically have a green card. In theory, you could marry in Mexico, apply for a K-3 visa, enter the US, and then apply for adjustment of status, but the K-3 visa takes longer than consular processing, so almost nobody does it this way.

For most people, the fastest way to enter the US is to apply for the K-1 visa and then marry in the US, but the fastest way to get the green card is to marry abroad and go through consular processing. You will have to decide which one is more important to you.
 
But why they didn't rejected to give us the marriage license at the El Paso County? They asked for my visa (B1/B2) and my Mexican birth certificate.

So we already have the marriage license but I'm not pretending to stay after the wedding, we just want to have a romantic wedding there, may be in Dallas or San Antonio and then return to Mexico that is (as I said) where we live.
Then after a few months we should be starting my green card procedure in the USA embassy (at Mexico) in order to move to El Paso with her relatives.

Can we do it that way?


Harry Callahan said:
You need to provide more details. What kind of visa do you hold? If it's a B-2 visa (the most common visa), you cannot enter the US legally on a B-2 visa with the pre-existing intent to marry an American after you enter. The reason is that a B-2 visa is a non-immigrant visa, and can only be used by non-immigrants. Intent to marry an American creates a presumption of intent to immigrate, which is expressly forbidden under the B-2 classification.

What's weird is that you can enter the US legally on a B-2 visa (with no intent to marry anyone), and then while you are in the US, change your mind, and marry an American. That is, it is legal to form immigrant intent while you are in the US, regardless of your legal status, as long as you are not otherwise out of status and you otherwise abide by the conditions of your lawful admission (e.g. leave the US before your legal status expires). So you can enter the US, and then later decide to marry. You just can't enter the US on a B-2 visa having already decided to marry. Yes, it's crazy.

If you are already engaged, and you want to enter the US legally to marry, you need a visa that allows immigrant intent. The most obvious choice is an immigrant visa, which also allows you to get a green card. Other options under the law include a K-1 visa, an H-1B visa, or an L visa. Federal regulations also permit E, O, and P visa holders to have dual intent. Most people in your situation who want to marry in the US apply for the K-1 visa. The K-1 visa application by itself takes six months to process, and during this time you cannot enter the US. Once you enter the US, you can marry and then apply for adjustment of status (AoS). The AoS process takes (very) approximately nine months, during which you must remain in the US and cannot leave (because you would have no legal way to re-enter).

Another option is to marry in Mexico and then apply for an immigrant visa through consular processing. This process takes (again, very) approximately nine months, during which you cannot enter the US. Once consular processing succeeds, you then enter the US and you automatically have a green card. In theory, you could marry in Mexico, apply for a K-3 visa, enter the US, and then apply for adjustment of status, but the K-3 visa takes longer than consular processing, so almost nobody does it this way.

For most people, the fastest way to enter the US is to apply for the K-1 visa and then marry in the US, but the fastest way to get the green card is to marry abroad and go through consular processing. You will have to decide which one is more important to you.
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Your visa is irrelevant to obtain marriage license. People with no status, no visa or expired visas get married. The visa becomes relevant when you change your status.
if you are already in the US you can adjust status and it would be the easiest route.
 
No we returned to Mexico, we just went for the marriage license (considering that El Paso is 3 hours from here), and as our marriage license is good for 90 days we want to go in less than 2 months to finally get married and then return again to Mexico.

So, if we do that and being back in Mexico after married she starts with the consular procedure, that way we would be skipping the status adjustement, right?

And could I get my green card?


lvnp said:
Your visa is irrelevant to obtain marriage license. People with no status, no visa or expired visas get married. The visa becomes relevant when you change your status.
if you are already in the US you can adjust status and it would be the easiest route.
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Yes that's the most secure way, doing consular processing. But unfortunately most lengthily and in the meantime it would be difficult for you to visit US.
Still they might let you in .
If you get married in the US and do adjustment, with advanced parole that you would get in 3 month approx you can travel back and forth.
The technicality is when you will come to the US for marriage they might also cause trouble. There's no guarantee for them of your return.
 
You are allowed to enter the US on a visitor visa and then decide to get married. So there would be no reason for El Paso to deny you a marriage license. It doesn't matter whom you marry.

But you are not allowed to decide you want to get married to a US citizen and then enter the US on a visitor visa. The order matters!! Marrying or planning to marry a US citizen conveys immigrant intent, and no amount of your insisting otherwise will make a difference. The border officers will deny you entrance, unless you hide your planned marriage from them. Lying to a federal officer is a crime, so if they ask you the purpose of your trip, you would have to either lie (and break the law), or tell the truth (and get denied entry). However, if they don't ask, it's totally legal for you to not mention the purpose of your trip. Do you want to take that chance? Up to you.

Basically, once you decide to get married, the normal strategy is to remain in the US, marry, and apply for adjustment of status. If you do leave the US, then you cannot re-enter on a visitor visa.
 
Wait, what? Now I'm all confused. Isn't one supposed to remain in the US? How would that part be done?
I'm understanding that it's better for me to apply for the status adjustment, but in order to do that I would need to remain in the US as a visitor, right? Isn't that illegal?

Harry Callahan said:
You are allowed to enter the US on a visitor visa and then decide to get married. So there would be no reason for El Paso to deny you a marriage license. It doesn't matter whom you marry.

But you are not allowed to decide you want to get married to a US citizen and then enter the US on a visitor visa. The order matters!! Marrying or planning to marry a US citizen conveys immigrant intent, and no amount of your insisting otherwise will make a difference. The border officers will deny you entrance, unless you hide your planned marriage from them. Lying to a federal officer is a crime, so if they ask you the purpose of your trip, you would have to either lie (and break the law), or tell the truth (and get denied entry). However, if they don't ask, it's totally legal for you to not mention the purpose of your trip. Do you want to take that chance? Up to you.

Basically, once you decide to get married, the normal strategy is to remain in the US, marry, and apply for adjustment of status. If you do leave the US, then you cannot re-enter on a visitor visa.
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The consular processing from my country is the slowest way? Dang! But... lets suppose that we say "ok, lets do it the status adjustment way", we still would need to be already married in the US, right?

And after that, would I be remaining in the US? isn't that illegal?

lvnp said:
Yes that's the most secure way, doing consular processing. But unfortunately most lengthily and in the meantime it would be difficult for you to visit US.
Still they might let you in .
If you get married in the US and do adjustment, with advanced parole that you would get in 3 month approx you can travel back and forth.
The technicality is when you will come to the US for marriage they might also cause trouble. There's no guarantee for them of your return.
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Consular processing is actually often the fastest way to the green card. But adjustment of status allows you to apply for a travel document before you get the green card, whereas consular processing requires you to complete the entire process before you can travel.

As long as you are lawfully admitted into the US, you can marry in the US, and adjust status. During the adjustment of status process, you can stay in the US as long as you wish without regard to length of stay or purpose of your trip, but you cannot leave the US without first getting a travel document. HOWEVER, this benefit only applies if you were lawfully admitted into the US (you can't sneak across the border).
 
I thought getting married in the US was the first step :confused:

So if I: 1.- Get married in the US 2.-Return to Mexico 3.-Start consular processing

Would that be a way to do it? But I wouldn't be able to go to the US during the process until my green card is ready, am I right?

Harry Callahan said:
Consular processing is actually often the fastest way to the green card. But adjustment of status allows you to apply for a travel document before you get the green card, whereas consular processing requires you to complete the entire process before you can travel.

As long as you are lawfully admitted into the US, you can marry in the US, and adjust status. During the adjustment of status process, you can stay in the US as long as you wish without regard to length of stay or purpose of your trip, but you cannot leave the US without first getting a travel document. HOWEVER, this benefit only applies if you were lawfully admitted into the US (you can't sneak across the border).
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No, your choices are:
  1. Marry in the US, and apply for adjustment of status, OR
  2. Marry in Mexico, and apply for consular processing.
There's no reason to marry in the US and then leave. You won't be able to return. Marry in the US, apply for AoS, and concurrently apply for a travel document.
 
Harry Callahan said:
You are allowed to enter the US on a visitor visa and then decide to get married. So there would be no reason for El Paso to deny you a marriage license. It doesn't matter whom you marry.

But you are not allowed to decide you want to get married to a US citizen and then enter the US on a visitor visa. The order matters!! Marrying or planning to marry a US citizen conveys immigrant intent, and no amount of your insisting otherwise will make a difference. The border officers will deny you entrance, unless you hide your planned marriage from them. Lying to a federal officer is a crime, so if they ask you the purpose of your trip, you would have to either lie (and break the law), or tell the truth (and get denied entry). However, if they don't ask, it's totally legal for you to not mention the purpose of your trip. Do you want to take that chance? Up to you.

Basically, once you decide to get married, the normal strategy is to remain in the US, marry, and apply for adjustment of status. If you do leave the US, then you cannot re-enter on a visitor visa.
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To clarify this, it IS okay to come to the US on a visitor visa intending to get married to a US citizen and intending to then leave before the duration of stay expires. It's just not okay to intend to apply for AOS during this trip. In other words, it's the intent of staying and immigrating during this entry that matters, and not the intent of getting married to a US citizen per se. The common assumption is that people who come to the US to marry a US citizen will want to immigrate immediately while in the US rather than go back to their country and immigrate later, but that's not necessarily true. (Though I agree that if the intent is to marry in the US and then leave, in the OP's case, it would be simpler for him to just marry in Mexico instead.)
 
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Ok this part really confuses me
newacct said:
it IS okay to come to the US on a visitor visa intending to get married to a US citizen and intending to then leave before the duration of stay expires.
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From others answers I deduced that if I go as a visitor (with the intend of getting married) I would be lying. Indeed, both options confuses me.
1. If I marry in the US I would be in trouble because of my visitor visa that doesn't allows me to have other intention than visit and return (that's what I understood)
2 Also someone said that I could marry in the US, stay there and later ask for a status adjustment, how could I stay without violating the law?
 
Yeah I heard and read about it, what I understand is that if I get married in the US and then stay there, I would need to wait more than 90 days in order to ask the status adjustment, but! First of all they are saying here that I can't go there with my visitor visa and the intention of getting married. How could I marry then?

And... if I waited that more-than-90-days period there after the wedding, wouldn't I be breaking the law for over-staying?

Harry Callahan said:
I see, there's an unofficial 30/60 day rule which applies to marriages on tourist visa: http://www.visapro.com/Immigration-Articles/?a=1252&z=36
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There are two parts that are getting mixed up.

One is the technical eligibility for Adjustment of Status, which for the spouse of a US citizen is basically that they entered legally. At any time after entering the US legally (no matter how soon after or how long after), assuming they have no bans or other issues, they are eligible for Adjustment of Status. Once Adjustment of Status is filed (and received), they are authorized to stay in the US for as long as the Adjustment of Status is pending, regardless of whether their status expired or not. Ideally one would file before one's status expired, but for the spouse of a citizen, it doesn't even make a difference if it is filed after the status expired.

The other part is whether you lied when you entered on a visitor visa. Someone entering on a visitor visa is not supposed to have pre-conceived intention (at the time they enter) of applying for immgration during that visit. Immigration officers will try to determine whether one has this intention when entering; and they will ask questions like how long you intend to stay, etc. You will only be let through if you say you are going to stay for a short time and then leave. So if you had a pre-conceived intention to immigrate during that visit already, you could not have been let through without lying. But it's possible that when entering, one did not intend to marry, or intended to marry but leave shortly afterwards, and then while in the US, something happened to cause them to change their mind and want to immigrate without leaving the US (e.g. maybe they suddenly found someone and fell in love, or learned that the woman was pregnant during that time and decided they didn't want to be separated for a long period, or whatever). Since that intention was formed after entering, they did not lie, and that is okay. Intention is fundamentally subjective, and nobody else really knows what you intended when. Some places have rules of thumb like if you marry too soon after entering, when you didn't say you were going to be married when entering, or apply for immigration too soon after entering, then it's hard to believe that you changed your mind that quickly, so the presumption is that you lied. It's not a hard and fast rule, and can be overcome with other evidence.
 
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?
 
The thing is that is extremely hateful to reunite all the paperwork and requirements that they ask us to marry in Mexico (because she's american), it is a very bureaucratic process by which we don't want to pass.
So, the bridge marriage would work?
 
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