Marrying a Mexican Girlfriend with a B1-B2 BCC

[SCFan 0]

I'm currently in an almost 2-year relationship with a woman who is a Mexican national, who lives in a border town in northern Mexico. She has had a B1-B2 Border Crossing Card for almost a year. She also currently holds an I-94 'extended permission' paper, which allows her to stay in the US for up to 6 months. That permission is good until late April.

The current plan is for her to enter the US in early February, and visit me in the US until just before her I-94 expires. At that point, the current plan is for her to return to Mexico. In order to visit me for a couple of months, she's basically taking a leave of absence from her job.

A few points that may be important:

- I'm a US citizen by birth, and divorced.

- She's single - never been married.

- She's had her B1-B2 BCC for about a year.

- She's never been denied entry when she's tried to cross into the US, which she does on average of once or twice a week.

- When she does cross the border, she is typically only asked where she's headed and if she's carrying anything with her to the US. Because she holds a BCC, she's typically not grilled about her 'intentions' of crossing.

- She's visited me on the east coast 3 times already.

- We cross the border together frequently, and I've even told the immigration officials that she's my girlfriend when asked. None of them have even given it a second thought.

- She has no criminal record.

- We have known each other for 5 years, and dated for 2, and will have no problems whatsoever proving ours is a real relationship.

My questions are as follows:

- If, during her stay, we decide we're ready to get married, I don't believe that either of us would welcome the prospect of her having to return to Mexico, then wait several more months to receive permission to re-enter the country. If we do get married while she's here, then apply for AOS, how much scrutiny will we face from the USCIS?

- If we get married during her stay, can I apply for a CR-1 or CR-3 while she's still in the US?

- If she returns to Mexico, will she be able to continue using her B1-B2 BCC while the CR-1 or CR-3 application is being processed?

- Finally, are there any other pieces of advice that any of you could offer me?

Thanks in advance. I've spent a lot of time browsing this forum, and have been very impressed with how helpful you guys are.

[sheeshkabelle 153]

1. No, don't do it. Entering the US with intent to marry a US citizen with out the proper visa (K-1, CR-1) is visa fraud. Yes, USCIS will have issues with that.

With that being said:

You can file for K-1 Fiance visa ASAP, you can do that while she is the US, but she has to return to Mexico for the interview and medical exam or the term limits of her current visa. This is usually faster, but costs more money than the CR-1 in the long run. With K-1 she comes on a visa, you get married, then you file for adjustment of status, then she gets a conditional green card.

If you marry in the US, you file for a CR-1 Visa. She can stay for the term limits of the visa she currently has, but she HAS to return to Mexico after that visa expires while the CR-1 is processing. Her interview and medical exam will be in Mexico. The CR-1 visa gives her a conditional PR card immediately. You only have to file in two years for the 10 year card.

My husband is Canadian so he does not require a visa to come visit. He has crossed the border many times and never had an issue. He has to prove he will be returning to Canada. If she can get the proper authorization to cross into the US, she should not have any problems visiting you while her visa is in process. Remember, it is always up to the CBP officer's discretion whether she will be let in the US or not.

[Dan C. 18]

My wife is from Tijuana, and I'm from the East Coast of the US, so this all sounds pretty familiar. She also had a border-crossing card at the time we got married, so I can answer your questions based on our experience.

If, during her stay, we decide we're ready to get married, I don't believe that either of us would welcome the prospect of her having to return to Mexico, then wait several more months to receive permission to re-enter the country. If we do get married while she's here, then apply for AOS, how much scrutiny will we face from the USCIS?

Plenty of scrutiny. You'd have to prove that she entered the US without intent to immigrate and adjust status. Based on what you've said here, proving that would be difficult. I think you'd be way better off applying for a K-1 or CR-1.

If we get married during her stay, can I apply for a CR-1 or CR-3 while she's still in the US?

I think that would be OK, since she entered legally, and she's not intending to immigrate with her tourist visa (since she's filing for another one). She'll have to leave once her I-94 time is up, though.

If she returns to Mexico, will she be able to continue using her B1-B2 BCC while the CR-1 or CR-3 application is being processed?

Absolutely. Technically it's always at the border official's discretin, but we didn't have a problem with this at all. My wife crossed to the US with her family to go shopping all the time while her CR-1 was processing, and never had a problem. She even came to visit me a couple times—which necessitated her getting an I-94—and it wasn't an issue at all.

Your fiancee should be prepared to show proof of ties to Mexico, a return ticket, etc. if she's planning to visit you while her visa is processing. For ordinary border-crossings for tourism / shopping / etc., you should be fine.

In your case, I would definitely consider either the K-1 or the CR-1. Which one you pick depends on your plans for the wedding, etc., but the CR-1 sounds pretty good in your case. You won't have to adjust status, so it'll cost less, and the overall process should take less time.

Our experience:

My wife and I did the CR-1. We crossed the border and got married in San Diego while I was visiting her. We opted for doing the civil ceremony in the US, because the marriage process in California was much easier than it would have been in Mexico, plus all of our documentation was in English. My wife got married while she was here on the tourist visa, but she left the US that same day, so we could prove that there was no intent to immigrate. I filed for our CR-1 about a month later, after I got all the paperwork together (getting our copy of the marriage certificate took about 3 weeks).

We didn't do the K-1 visa because we wanted our church wedding to be in Mexico. The Church in Mexico requires that you do your civil ceremony beforehand, and show them the paperwork. Since the K-1 is a single-entry visa, this wasn't an option for us. So, we got married in a civil ceremony, used that paperwork to do the Church ceremony, and her interview wound up being a few weeks after we got back from our honeymoon. So, with a little planning, you can definitely pull this off.

We were away from each other in the months between our civil ceremony and our wedding, but we were used to being long-distance, so it wasn't an issue. Plus, the light at the end of the tunnel was helpful.

So for you, I guess it depends on what your plans are surrounding a wedding. If you want your wedding in Mexico, the K-1 option is out. Otherwise, you could do either the K-1 or CR-1 visa would work. Based on the fact that she has a border crossing visa, I would probably recommend the CR-1 process.

[SCFan 0]

Thanks so much to both of you for your helpful responses.

I think that between reading some other websites, along with the 2 replies to my post, and other threads here, it would definitely be best not to get married while she's here, even if it's unplanned.

Now, I'm down to deciding between the K-1 or CR-1. For us, the biggest factor here is this: what will be the quickest way for her to be able to cross that border to stay? I'm not as concerned about which is cheaper. I mean, money is definitely a concern, but I'm definitely more interested in which option will get her here permanently the quickest.

We really don't care where our wedding is. We are perfectly fine with doing the wedding in either Mexico or the US. Again, the time frame is our biggest concern. We've been apart for 2 years, and I'm just ready to be together.

Any additional advice from either of you, or from other posters is most welcome. I'm so excited that we're finally moving forward with plans for our life together. I've been looking forward to this for a long time.

[GandK 168]

Thanks so much to both of you for your helpful responses.

I think that between reading some other websites, along with the 2 replies to my post, and other threads here, it would definitely be best not to get married while she's here, even if it's unplanned.

Now, I'm down to deciding between the K-1 or CR-1. For us, the biggest factor here is this: what will be the quickest way for her to be able to cross that border to stay? I'm not as concerned about which is cheaper. I mean, money is definitely a concern, but I'm definitely more interested in which option will get her here permanently the quickest.

We really don't care where our wedding is. We are perfectly fine with doing the wedding in either Mexico or the US. Again, the time frame is our biggest concern. We've been apart for 2 years, and I'm just ready to be together.

Any additional advice from either of you, or from other posters is most welcome. I'm so excited that we're finally moving forward with plans for our life together. I've been looking forward to this for a long time.

Quickest is K-1

Cheapest is CR-1, your fiancé will get green card upon entry to the US. No need to file for AOS.

[Dan C. 18]

I think that between reading some other websites, along with the 2 replies to my post, and other threads here, it would definitely be best not to get married while she's here, even if it's unplanned.

Agreed. I think that's the smartest decision. Definitely go with what's least risky.

Now, I'm down to deciding between the K-1 or CR-1. For us, the biggest factor here is this: what will be the quickest way for her to be able to cross that border to stay? I'm not as concerned about which is cheaper. I mean, money is definitely a concern, but I'm definitely more interested in which option will get her here permanently the quickest.

We really don't care where our wedding is. We are perfectly fine with doing the wedding in either Mexico or the US. Again, the time frame is our biggest concern. We've been apart for 2 years, and I'm just ready to be together.

I know how you feel. It's a tradeoff.

The K-1 will get her here faster, but not dramatically faster. It'll take about 6-7 months from filing the paperwork to having her visa in-hand. Then it'll take another couple months for her AOS to go through, and her CR-1 to be delivered. During that time, she won't be able to work unless she applies for authorization, and that'll take about as long as the AOS. She also won't be able to leave the country without asking for permission. The cost of fees will be about $1800 -- and there's more paperwork.

Going for the CR-1 directly will take about 9-10 months -- so, a little longer, but she'll have the CR-1 in her hand, and won't have to adjust status. It The cost will be about $950. Keep in mind that she does have a B1-B2 BCC. Which means she can stay with you for up to 6 months at a time -- she just can't work.

It's really up to you. I'd recommend looking at the CR-1 and using her BCC in the meantime, but you know your individual situation better than me. Plus I know that if I were you, I would probably want her with me as quick as possible. Either way, it shouldn't be too bad. Stay on top of the paperwork and follow the progress threads here.

Any additional advice from either of you, or from other posters is most welcome. I'm so excited that we're finally moving forward with plans for our life together. I've been looking forward to this for a long time.

I know the feeling. Congratulations

[Deputy Purple 1,294]

Just so you understand, the time difference between K-1 and CR-1 is 2 months or less...

If you marry while she's here and file the I-130 immediately she can remain in the US for the duration of her I-94 which would reduce the amount of time apart.

[Harsh_77 718]

You can get married while she is here and file for CR1 there is no issue with it perfectly legal, but then she has to go back to Mexico finish of the remaining process in her home town and then enter on CR1.

[Snyper23 0]

I know this topic is old but it popped up for me in a search so I'm taking a shot it's still relevant.   

 

I just married my wife in the US.  She didn't know we were going to do it when she crossed. I surprised her and we knocked it out on a weekend and then she went home to Mexico.  She has a bcc and an I94 so she has been staying with me mostly and going back and forth between the US and Mexico.  

 

From what im reading the best route for me, having already married is to do the CR1 route which means she applies for a green card as if she is not in the US and does consular processing?  Then she can go back and forth while we wait with her bcc?  Our plan was to do a church wedding in another year or so after all the immigration paperwork was settled but we really don't know what we are doing.  Thanks.

[TBoneTX 45,309]

Thread from 2012 is now closed to further comment; last poster above has his own thread.