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I am getting answers about a divorce (someone else’s questions). My question was about my fiancé in Mexico
Submitted: 8 months ago.Category: Family Law
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11/22/2017
Family Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,863
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 8 months ago
I am engaged to a person in Mexico. Is it better to get married there or here in the USA?? We want to live and work here in the USA. Which wedding location makes the immigration process of a spouse easier?
Family Lawyer: RayAnswers, Lawyer replied 8 months ago

What questions do you have here, thanks.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

Marriage here in the USA.She can come on tourist visa and get married and then apply for permanent visa and citizenship.When she comes for marriage consider an immigration lawyer where you are at to get the rest rolling here.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

Reference

f You Want to Get Married and Then Apply for a U.S. Green Card

Using a B-2 visitor visa to enter the U.S. with the intention of getting married and applying for a green card is a form of visa fraud. The visitor visa is a nonimmigrant visa, whose proper use requires entering with the intention of returning home (or at least leaving the U.S.) by the date on the I-94 Arrival/Departure Record. This form of visa fraud can result in the immigrant being placed in removal proceedings from the U.S. rather than granted a green card.

If you come to the U.S. as a visitor and only later decide to get married, that's a different matter -- you will be allowed to submit an application for a green card using the procedure known as "adjustment of status," meaning you would not have to leave the U.S. during the whole application process.

But what are your chances of convincing U.S. Citizenship and Immigration Services (USCIS) that you weren't planning the wedding from the start? For starters, USCIS will presume that if your marriage took place within a very short time ofentry to the U.S. -- typically 90 days -- the purpose of the entry was to get married. No matter what, it's best to wait this long before the wedding. But USCIS can, of course, look beyond the date of the marriage for other evidence of your intentions. And because you will have to submit personal documents showing that your marriage is bona fide as part of the green card application, this could trip you up. If, for example, you submit a letter from when the immigrant was still living abroad, saying, "Love you, can't wait till the big date in June!" you can probably forget about convincing USCIS that your intentions upon entry were not fraudulent.

Of course, if you entered the U.S. as a visitor and then met someone and decided to get married, you have a good chance of presenting a convincing case that no visa fraud was involved, and succeeding with an adjustment of status application. But if you are still trying to figure out what type of visa to get for U.S. entry, a fiance visa is your safest bet. For information on these visas, see "Who Is Eligible for a K-1 Fiance Visa?" Or, if you're already in the U.S. and have gotten married, but worried that you'll have trouble convincing USCIS about your innocent intentions upon entry, you might want to leave for your home country by the required date and apply for an immigrant visa through Consular Processing.

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Customer reply replied 8 months ago
Sir, There has been some form of mistake. Maybe a malicious cyber attack. Somehow this message was sent to my telephone:(###) ###-#### I did not send this message to you and do not know how it was sent to my phone. This is a cyber attack attempting to represent me or somehow my phone number was mixed up. It came to my phone not my email.
Family Lawyer: RayAnswers, Lawyer replied 8 months ago

No problem I just answer questions here.Thanks

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