My son is a missionary at a childrens home in Guatemala and is going to marry a Gratemalan woman on 4 August 2012 that he fell in love with and will have been dating for over a year by that time. He has completed the committment to the childrens home he agreed to and once married plans to move back to the US to start a new chapter in his life. His fiance currently has a tourist visa and we need to know if the US will recognize their marriage and what, if anything else, they need to do to legally move to the USA? My son is a US citizen and planned to do the paperwork to obtain her Green Card once they returned to the US on 6 August 2012.
State/Country relating to question: Oklahoma
My son's fiance already has obtained a tourist visa and they had planned to do the remainder of the papaerwork to get her green card during the six month period that her tourist visa is valid. He is also going through the process required by the Guatemalan government to have his birth certificate validated by the Office of the US Secretary of State prior to marriage.
Hello.The Guatemalan Marriage should be valid though it would, of course, be better if the marriage occured in the US. In any event, once they are both in the US they should retain an Immigration lawyer to help them with the documentation. Properly done, the process should take about 3-6 months from when USCIS gets the documentation. About the only part of the preparation - aside from the documents and supporting information - that can be tricky sometimes is getting an appointment for the medical evaluation so it is adviseable to make appointments with the nearest civil surgeon as soon as possible so as not to delay the process too much.Regards XXXXX XXXXX wishes.
So there isn't any legal issues with them coming to the US once married and then processing the paperwork? They aren't going to be accused of fraud or something to that effect?
Sorry, I misunderstood, I thought your son's fiancee was already in the US on the vistor's visa.The challenge is that, once they're hear, she can adjust status. But when she's entering she can't misrepresent the purpose of her entry so the visitor's visa would be invalid and CBP (Customs/Border Patrol) would not permit entry. If they marry abroad then the application should be submitted while they are abroad. It will take longer but they'd not have issues. If they do enter to visit only and then decide to marry once they're here, then the adjustment of status would be an option.Regards XXXXX XXXXX wishes.
So they would likely need to show return flight information for her when entering?
Yes, as well has having an itiniary or plan they can enunciate to CBP Officers for what their visit would entail, etc.
Cross-Border Immigration Lawyer
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