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Immigration Issues/Fiance Visa vs. Marrying in Mexico

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Question
Salutations. My question is regarding the pros and cons of bringing my fiance and her two kids (fiance is widow)to the US with a Fiance Visa vs. marrying in Mexico and processing her residency from Mexico. I am a US citizen but we plan on living in Mexico for at least a couple more years.

If we did marry in the US would she be required to stay in the US for some time? Would this be more beneficial?

If she traveled to the US on a tourist visa shortly before marrying in Mexico, could this delay or hinder the residency process?

Thank you in advance.

Answer
Hi,

If entry to the U.S. is made on the fiance visa, then marriage must occur within 90 days of entry, and adjustment of status application of your wife must be filed within the U.S. Filing an adjustment of status application does not allow for departure from the U.S. until advance parole document (permission to travel outside the U.S.) is issued, and it can take 3 months for the advance parole document to be issued by the USCIS. In addition, there is a requirement to maintain the primary residence for the immigrant spouse in the U.S. thereafter, as failure to do so will result in revocation of resident status in the U.S.

Thus, in your situation, I recommend marriage in Mexico. Entry on a tourist visa with a preconceived intent to marry a U.S. citizen is officially frowned upon by the USCIS and can result in denial of entry to the U.S.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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