Should we get married before her F-1 status changes?

[AwokeKnowing 0]

Help! I need advice.

I met my girlfriend in Mexico (I lived there 3 years). We thought it'd be good for her to go to college here in the US (she had just finished her degree in Mexico). she's finishing up 1 year, and plans to not continue. I thought she could be here a few months before going home, but the school says if she withdraws she only has 15 days to leave. I wanted to get engaged in February 16 (special day), then let her go back to Mexico and make plans for the wedding in Mexico later on.

Can you think of any way to extend her stay legally for 3 months? Would it be difficult to get her in the country if we get married later in Mexico?

the other thing would be to get "married" in court, then have her go to Mexico and prepare the wedding there and in a few months go get married in the church in Mexico. Then it would be easier to get her back here, since we're already married right?

Or, what would happen if she just stays until February (even though she'd be out of school) and we get married, and then she goes to Mexico to get the Mexican wedding ceremony planned. Would the fact that she stayed a couple months with her status as a student canceled make it difficult to get her back in the country? would they even let me marry her if her student status were expired?

Edited November 11, 2010 by AwokeKnowing

[canadian_wife 1,822]

Not for an f-1. Your extended stay is 15- 30 days depending on the restrctions of your visa. Hers seems to be 15 days.

Do not overstay any visas.

You can try to apply for a tourist visa for her.

Easiest way, marry her now and file adjustment of status.

Good luck

[Harpa Timsah 13,258]

If she overstays her visa then she would jeopardize future chances to come to the US on a non-immigrant visa. You could get married now in a civil court, and file Adjustment of Status papers NOW and get her her green card. The whole process takes 3-4 months and she CANNOT go home during that time (that's the sucky part). If she needs to go home to make wedding plans in Mexico, then once you are married you will file for CR-1 visa, a spousal visa to move here. That takes about 8 months.

So you say you could get married in court and she can go to Mexico and it would be easier for her to come back because you are married? No. If you got married now and she left she could not come back on a visitor visa with the intent to immigrate. She would probably be turned away at the border until she had an immigrant visa.

So anyway, those are you choices... Good luck!

[AwokeKnowing 0]

Not for an f-1. Your extended stay is 15- 30 days depending on the restrctions of your visa. Hers seems to be 15 days.

Do not overstay any visas.

You can try to apply for a tourist visa for her.

Easiest way, marry her now and file adjustment of status.

Good luck

So if we get married during her grace period and apply for AOS, but have not gotten a response, will there be a problem? Or if we get married in the last week of her student status, before her grace period, is that soon enough? Or do you have to get some kind of response before your status ends?

[canadian_wife 1,822]

Apply as soon as you can. I suggest not during her grace period as it looks like you are marrying her to keep her in the country

Good luck

[AwokeKnowing 0]

Thank you all for your help as I try to figure things out. I have another question. If we hold off on getting married, and plan the wedding for a year from now in Mexico, how long would it take to get her here? She could do her best to collect all the paperwork and stuff, but if I can only get away from my job for one week, so I go down, get married/honeymoon, then return here to work, how long until she could be here with me?

[canadian_wife 1,822]

Look at 8-10 months from filing to visa being issued.

Good luck

[AwokeKnowing 0]

I'm sorry that wasn't very clear, let me try it another way.

January 1, 2011

"will you marry me?"

"Yes, when?"

"Plan for the wedding in a year in Mexico"

January 2, 2011

"Hi college, just wanted to let you know I'm withdrawing and going back home to Mexico"

January 1, 2012 (in Mexico)

"I do."

"I do."

January 7, 2012

"Ok, honeymoon's over, I have to go back to work on monday in california"

"When can I go be there with you, my dear husband?"

That is the question: how long would we be separated?

Oh, thanks for the reply. You mean, she couldn't come for at least 8 months? Surely there's a way to begin processing a visa so that when you go down and get married, she can come within a few weeks.

[AwokeKnowing 0]

What if we get married right now in california while she's a student, then she goes to Mexico, and I begin petitioning her so that once the process is done, I go down, have a wedding in mexico, and bring her here. The thing is, it is really important that the wedding be in Mexico where all the family is, but I would not want to just leave here there for 8 months after the wedding.

Edited November 12, 2010 by AwokeKnowing

[canadian_wife 1,822]

It takes about 8 - 10 months to get a Cr-1 spousal visa. If she wants to visit the US, she needs a tourist visa.

Mexican citizens need a tourist visa to enter the US. There is no right for her to be 'brought' to the US after your wedding.

Plus, she cannot enter on a toursit visa, or any other type of visa other than an immigrant visa, with intentions of immigrating. She may visit (if married in Mexico) but she must return.

Separation is part of this process. If you do not want to be separated, marry now, file her AOS and marry in Mexico after her travel documents have been approved

Good luck

[LoveinPeru 2]

I would suggest getting a lawyer ASAP so that you can talk to him/her about your options. When you get married in Mexico you would have to wait for the marriage visa, which would take about 8 months at the fastest (probably more like 11).

Adjustments of status can be pretty difficult so you should probably talk to a lawyer to make sure that it won't end up being really expensive and hard and not end with the result you want.

[Stanley Hermosill 1]

Seeking official legal advice in this case is going to be worth the investment. I good strategy will allow you to act confidently and swiftly, and to avoid unknown unknowns that could harm you the most.