Legal Question in Immigration Law in California

The requirements to marry will be the standard requirements depending upon which state you marry in - some states will have waiting periods and testing requirements, others don't. The issue will be whether you want to her to remain in the US after you marry, or if she intends to return to Mexico for a period of time. A variety of timing issues will need to be considered. If she marries within 60 days of entering as a visitor the USCIS may take issue with her true intent when she entered as a visitor. If you marry much after she may have delays or other issues in terms of her ability to travel and seek employment. Even if you decide to file on your own, a consultation with an immigration attorney with both of you available to ask questions is probably a really good start to making the right plans for you.

If she has valid status, such as unexpired tourist visa, then the procedure would be to get married and then apply for an immigrant visa and adjustment of status. If you need an attorney to do that for you, feel free to contact me.

Assuming that there is no preconceived intent to marry a U.S. citizen at time of entry to the U.S., and further assuming that you wait at least 60 days to marry each other after her entry to the U.S., all sponsorship paperwork will be filed together and your wife (when you are married) can continue to remain in the U.S. and receive resident status in the U.S. Additional information is here: www.h1b1.com/Uscitizen.htm