Will my visa be taken away?

[Suede 0]

My fiance is a USC, I live in Tijuana and have a B1/B2 Visa, I enter and leave the country almost every day, some days I stay in San Diego, other days he stays in Tijuana. I don't have a problem entering the US, I even have a Sentri card, a Sentri card is a special pass to wait less time in line to cross the border which requires a background check from CBP and is a Trusted Traveler Program.

We are planning on getting married sometime this summer or fall, I work in Tijuana and will not like to not be able to work due to the visa processing.

My questions are:

What's better? Get married in Mexico or the US? I understand that if I get married in the US under my tourist visa I could have problems later.

Once I file for a CR-1 or IR-1 visa, will my tourist visa be taken away? Will I be able to enter and leave the country to work in México and live in the US, or I have to wait for the process in my country?

Other option I am considering is the DCF process, even if we have to adjust my fiance status in México, I think it wouldn't be that difficult, but he will be working still in the US and coming and going from San Diego to Tijuana, any recommendations?

[Brother Hesekiel 2,236]

You can marry wherever you want. It is not illegal to get married in the US as a tourist or business traveler with a B1/B2. What would make it illegal in the eyes of the law is if you plan to get married in the US, thereafter to stay, and to adjust status without leaving again.

That's not the case with you. Once you are married, whether in Mexico or the US, you file for a CR-1 in Mexico. While that is processed, you continue with your life, cross the border as often as you like, and go home to Mexico.

Once your CR-1 is approved, you formally cross the border and file for adjustment of status. Nobody is going to revoke your B1/B2.

[Darnell 8,479]

This question is very familar.

Where did I see it before? aha - http://www.visajourney.com/forums/index.ph...2&hl=Sentri

Edited February 20, 2010 by Darnell

[pushbrk 13,044]

You can marry wherever you want. It is not illegal to get married in the US as a tourist or business traveler with a B1/B2. What would make it illegal in the eyes of the law is if you plan to get married in the US, thereafter to stay, and to adjust status without leaving again.

That's not the case with you. Once you are married, whether in Mexico or the US, you file for a CR-1 in Mexico. While that is processed, you continue with your life, cross the border as often as you like, and go home to Mexico.

Once your CR-1 is approved, you formally cross the border and file for adjustment of status. Nobody is going to revoke your B1/B2.

The above is full of errors. The foreigner does not file for anything at all. Instead, the US Citizen files a petition IN THE USA, in behalf of the foreigner while the foreigner continues to reside outside the USA. Second, CR1 visa holders do not adjust status after their arrival. They enter with CR1 immigrant status. About two years later they remove the conditions on that status.

[Lia792 5]

Mmm...I recommend you read the guides to understand your visa options so you can see the pluses and minuses of each one. Since you guys seem to live close to each other, I would probably go with getting married in the US and then for you go to back to Mexico and you guys can do a CR-1.

Reason I wouldn't do DCF being you: He would need to get a FM-2 or 3 and that takes at least a month of paperwork and a job offer in Mexico or other paperwork and as far as I know it requires six months of residence in Mexico.

Reason I wouldn't get married in Mexico being you(regardless of the foreigner's status in Mexico as tourist or FM-2/3): I am in the middle of doing it right now, and my eyes get round as saucers every time I have to go to a government office to find out about more requirements. First of all, a foreigner marrying a Mexican needs a permit from the Instituto Nacional de Migracion. You have to find out your number of Registro Civil before that and get their requisites and check the availability of your date. We went to get the requisites from the INM and then it took us about a week to organize all our paperwork. Then, they took a week to give us the permission. That permission cost $2653 pesos or something like that.

Next, we went back to the Registro Civil and they looked over what we had already put together, and they told us to make 3 copies of every single document (I'm talking about 300 pages of paperwork, my thesis was DEFINITELY shorter and I literally wrote a book) attend a talk, and get our blood analyses. They also changed some items on the list and gave us more things to fill out. The Registro Civil charges $3000 pesos a domicilio where I live and $700 pesos to have the wedding at the Registro Civil. Now, we are finishing up the rest of the paperwork and copies and planning the wedding details. I am very organized and it is about a month's work of paperwork and probably about 10 combined visits to both offices. Also, it is very important for his transcripts or degrees to have an apostille for the FM-3 and his birth certificate needs to have an apostille and translation by a (Mexican) "traductor perito" for the wedding docs. Secretary of State Offices usually do apostilles, but it depends on the state.

You can also get married at a courthouse/ Registro Civil and then plan a bigger better wedding when you have the visa and more time to plan it in luxury. Also, you should think about what family and friends you want so where you want to have it, Mexico or the US.

Anyhow, since you live so close together, and I doubt they would take away your Sentri Pass unless they somehow asked and you had to answer that you had married an American and were going to visit your husband, a CR-1 is probably more in your benefit so you don't have to adjust status. Just my two cents' worth, but if I were you, I would take a half an hour or so to read over all the guides thoroughly and think about options.

Edited February 20, 2010 by Lia792

[Brother Hesekiel 2,236]

The above is full of errors. The foreigner does not file for anything at all. Instead, the US Citizen files a petition IN THE USA, in behalf of the foreigner while the foreigner continues to reside outside the USA. Second, CR1 visa holders do not adjust status after their arrival. They enter with CR1 immigrant status. About two years later they remove the conditions on that status.

Touchee.

I oversimplified when trying to give a brief response to the O.P.'s question, not anticipating that my post would be scrutinized. Good catch. As a punishment I asked my wife to spank me tonight..