Spachick

I am American and my fiance is Canadian. We want to live in the US.
But what if we got married in Mexico? Would the same immigration
procedures apply ie: Fiance Visa?

Rete

No because if you are married already you don't qualify for a Fiancee Visa. You would have to return to the US and your wife to Canada and you would live apart for 6 to 12 months while waiting for the I-130 and/or susequent I-129F for a K-3 visa to be issued.

If you got her a Fiancee Visa first, you would have to marry on US soil I believe. Once married she can't leave the US without having applied for adjustment of status and an advance parole in order to leave and return to the US without BCIS considering her AOS abandoned.

Rete

Tony

[email protected] (spachick) wrote in message news:...
    > I am American and my fiance is Canadian. We want to live in the US.
    > But what if we got married in Mexico? Would the same immigration
    > procedures apply ie: Fiance Visa?


Something similar to this has been discussed in this NG. You might
want do a search for "Mexico".

Having said that, here are my thoughts. My fiancee is Mexican.

If you conclude a legally valid marriage, in whatever country, you
cannot use the fiancee visa. In Mexico, the government does not
recognize weddings performed by the church, and vice versa. Thus, you
could have a religious ceremony in Mexico and then return to the US
and Canada and await the K-1 visa. I do not think that is what you
had in mind, though, so the answer is that there is no short-cut if
you get married in Mexico. I wish there was.

Anthony

Mrtraveel

spachick wrote:
    >
    > I am American and my fiance is Canadian. We want to live in the US.
    > But what if we got married in Mexico? Would the same immigration
    > procedures apply ie: Fiance Visa?

If you get married in Mexico, you wouldn't need a fiance visa.
However, if your new spouse wants to live in the US, she will need to
get a relative visa.

You would file I-130 after marriage.
Then, you can either wait for approval and CR-1 visa application
processing and then come to the US as a permanent resident or

File I-130 after marriage
When first I-130 Notice Of Action comes, file I-129f for the LIFE K-3
visa.
After entering on the K-3, you and your spouse can file for adjustment
of status and she will become a permanent resident after that has been
approved.

Or... file I-129F before the marriage to get a K-1 visa, and get
married in the US, then file for AOS.

Spachick

Thank you for your thoughts. I do appreciate it!


mrtraveel wrote in message news:...
    > spachick wrote:
    > >
    > > I am American and my fiance is Canadian. We want to live in the US.
    > > But what if we got married in Mexico? Would the same immigration
    > > procedures apply ie: Fiance Visa?
    >
    > If you get married in Mexico, you wouldn't need a fiance visa.
    > However, if your new spouse wants to live in the US, she will need to
    > get a relative visa.
    >
    > You would file I-130 after marriage.
    > Then, you can either wait for approval and CR-1 visa application
    > processing and then come to the US as a permanent resident or
    >
    > File I-130 after marriage
    > When first I-130 Notice Of Action comes, file I-129f for the LIFE K-3
    > visa.
    > After entering on the K-3, you and your spouse can file for adjustment
    > of status and she will become a permanent resident after that has been
    > approved.
    >
    > Or... file I-129F before the marriage to get a K-1 visa, and get
    > married in the US, then file for AOS.