Legal Question in Immigration Law in California

Re: Marriage in Mexico

Thank you for your inquiry. There are a few different ways you may proceed. You may get married in Mexico and process through the closest US consulate in Mexico to obtain her green card, you may marry in Mexico and file for a K visa based upon your marriage. There is a bit of a wait for this visa but she would then adjust status (apply for her green card) once she enters the US. Or she could enter on a K visa (as your fiance) you would marry in the US and then apply for her green card in the US.

Please feel free to contact me directly at 619.233.0900 for additional details.

Sincerely,

Linda Decker

Re: Marriage in Mexico

All these previous responses don't discuss the waiting time, which could be substantial. Even if you marry her down in Mexico, you still have to file an I-130 petition with the INS in Laguna Niguel and that will take many months to be approved, unless you yourself were a resident of Mexico. And in the meantime, she can't just come to the U.S. with you.

The other option they talk about, the fiancee visa, takes about 4 to 8 months just for the INS in Laguna Niguel to approve before the paperworks are sent to Mexico. The consulate will then schedule an appointment for your girlfriend. Once that is approved, she can enter the US on a fiancee visa and has to marry you within 90 days.

Either way, it is not an immediate process. It's not just a quick trip to Mexico, get married, and the two of you come right back!

Liem Doan, Esq.

Re: Marriage in Mexico

Yes, it is true. All of the documentation can be handled at the nearest U.S. Consulate in Mexico. You may also want to consider a fiance visa if you want to marry in the U.S.

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Re: Marriage in Mexico

It is true that paperwork can be filed in Mexico for an immigrant visa. You also have an option whereby you can file for her from the US and obtain a fiance approval. She then enters on a K visa and you must get married within 90 days of her entry. At this point, she may file for adjustment of status and become a conditional resident. To discuss this option in detail, you may email me for an appointment.