BORN ABROAD, spousal visa & DUAL CITIZENSHIP

[FAIRNSQUARE 0]

Hi first of all I would like to thanks everybody in advance for any helpful answer,

my wife is a born abroad US citizen, and she just became naturalized two years ago (she is now 25 yo), before all this we got married in our home town in Mexico, however since she never lived in the states before she married me as a Mexican citizen (in our marriage certified she appears as Mexican), now three years later we are currently living in Tijuana and she is traveling everyday to work in San Diego, we looked for some help (legal) and the lawyer told Us the she needed to appear as a US citizen in order to proceed with a spousal visa IR-1 / CR-1 OR A K3, we try to appeal our marriege certifed in mexico to rectified it but they denied it , and we don't want to either divorce or break any Mexican law by getting married again in a different state witch we can (but comes around comes around).

Our question is how should we proceed>?

Any advise or similar experience?

[trailmix 77]

Hi,

I'm a bit confused. I don't understand this:

the lawyer told Us the she needed to appear as a US citizen in order to proceed with a spousal visa IR-1 / CR-1 OR A K3

What did he mean by - she has to appear as a U.S. citizen and what does that have to do with you being married in Mexico?

Bottom line - she is a U.S. citizen, she can apply for a visa for you to become a U.S. permanent resident.

Edited May 11, 2009 by trailmix

[FAIRNSQUARE 0]

Hi,

I'm a bit confused. I don't understand this:

the lawyer told Us the she needed to appear as a US citizen in order to proceed with a spousal visa IR-1 / CR-1 OR A K3

What did he mean by - she has to appear as a U.S. citizen and what does that have to do with you being married in Mexico?

Bottom line - she is a U.S. citizen, she can apply for a visa for you to become a U.S. permanent resident.

on the marriage certified she appears as Mexican

[trailmix 77]

Hi,

I'm a bit confused. I don't understand this:

the lawyer told Us the she needed to appear as a US citizen in order to proceed with a spousal visa IR-1 / CR-1 OR A K3

What did he mean by - she has to appear as a U.S. citizen and what does that have to do with you being married in Mexico?

Bottom line - she is a U.S. citizen, she can apply for a visa for you to become a U.S. permanent resident.

on the marriage certified she appears as Mexican

That does not matter - she is an American citizen and a Mexican citizen correct? So it is true that she is Mexican.

No need to change that to apply for a visa.

Edited May 11, 2009 by trailmix

[SapphireDreams 71]

If she has a US Passport, that proves that she has US Citizenship.

[Reba 2]

Exactly. All she has to do is include copies of ID with the petition just like any other US citizen. It doesn't matter that on the marriage certificate she "appears" as Mexican. What matters is that since your marriage she has gained US citizenship and she is now eligible to petition to move you to the US with her.

The lawyer is a git, get rid of it and do the paperwork yourselves.

[Tygrys 143]

Hi first of all I would like to thanks everybody in advance for any helpful answer,

my wife is a born abroad US citizen, and she just became naturalized two years ago (she is now 25 yo), before all this we got married in our home town in Mexico, however since she never lived in the states before she married me as a Mexican citizen (in our marriage certified she appears as Mexican), now three years later we are currently living in Tijuana and she is traveling everyday to work in San Diego, we looked for some help (legal) and the lawyer told Us the she needed to appear as a US citizen in order to proceed with a spousal visa IR-1 / CR-1 OR A K3, we try to appeal our marriege certifed in mexico to rectified it but they denied it , and we don't want to either divorce or break any Mexican law by getting married again in a different state witch we can (but comes around comes around).

Our question is how should we proceed>?

Any advise or similar experience?

Since she is an US citizen (which she can prove through her US passport or/and Certificate of Naturalization), she CAN petition for you. Doesn't matter what citizenship appears on your marriage certificate.