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Filed: Country: Mexico
Timeline
Posted

I am a US citizen with a fiancé in Mexico. We are planning a church wedding in Mexico. We plan to live in the US after we are married. We are trying to determine weather it is best or easiest to have the civil wedding in Mexico or in the US. Can any one give us some guidance as what the best approach would be?

Filed: Citizen (apr) Country: Canada
Timeline
Posted

You're profile says you are applying for a K-1 visa. If this is the case your only option, once the visa has been issued, is to marry in the US.

if you have not petitioned for a visa yet, you may marry where every you like and apply for either the K-3 or the Cr-1 for your wife to join you in the US. I suggest reading the guides

Good luck.

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Posted

A civil-ceremony in the US is pretty easy - not sure how much easier it could be. But I suspect that isn't what you're asking.

The question is irrelevant if you're petitioning for a K-1 Visa - the only choice is to marry in the US.

Posted

Take a look at the Immigration Timelines link at the top of the page. Maybe you can get a feel of what the K-1 takes in time as compared to the K-3. It used to be that the K-1 was much faster but am not sure about that now. Good luck :thumbs:

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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Filed: Country: Mexico
Timeline
Posted

OK here is what I was inquiring about. I was told that the easiest thing to do is to have my fiancé come to the US on a visitors visa, then after 60 days, on the 61st day, get married and submit the change of status form. I have not yet submitted any forms to immigration yet but would like to know what is considered the best way of going about it.

Posted (edited)

The best way to do it is to file for the K-1 fiancee visa. If you adjust status on a visitor's visa, they look to see if the person entered the States with good faith and the intent to leave after 60 days (not with the intent to marry). If they suspect that he entered as a visitor with the purpose of marriage, change of status will most likely be denied. Plus if they see that his fiancee is here in the States, a tourist visa would be extremely difficult. No trickery is the best way!

You could always have a reception in Mexico before coming to the States. But no, you can't get officially married in another country with the K-1. You can with the K-3 however.

Edited by MitchandNatalie
Posted

Do church weddings in Mexico have civil effect? Or must the marriage be separately registered with the civil authorities before/after the church ceremony to be considered legally valid?

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

Posted
I was told that the easiest thing to do is to have my fiancé come to the US on a visitors visa, then after 60 days, on the 61st day, get married and submit the change of status form. I have not yet submitted any forms to immigration yet but would like to know what is considered the best way of going about it.

What you were told was a method of attempting to circumvent US Immigration law. (That is why you were told about this magic 61st day thing - so it would not appear you were attempting to circumvent the law.)

Visiting the US via Visitor Visa (or VWP) with the intent to remain and subsequently petition to adjust status is not legal.

Filed: Country: Mexico
Timeline
Posted
I was told that the easiest thing to do is to have my fiancé come to the US on a visitors visa, then after 60 days, on the 61st day, get married and submit the change of status form. I have not yet submitted any forms to immigration yet but would like to know what is considered the best way of going about it.

What you were told was a method of attempting to circumvent US Immigration law. (That is why you were told about this magic 61st day thing - so it would not appear you were attempting to circumvent the law.)

Visiting the US via Visitor Visa (or VWP) with the intent to remain and subsequently petition to adjust status is not legal.

Thank you for letting me know that this is not the proper way of going about this. I want to do every thing the legal way so that there are no surprises or problems later.

 
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