Should we get married in the US (already married in Mexico) and apply for Adjustment of Status?

[KOVillegas 1]

Hi VisaJourney,

I have a random question. My husband and I just got our I-130 approved and are waiting for our case to be sent to NVC. As of right now my husband is visiting in the states and is planning to return to Mexico in a few weeks. Is it possible to get married again in the US and then just apply for an adjustment of status? Is this possible and/or cost-effective and quicker?

Any advice or ideas would be greatly appreciated.

Thanks,

K

[canadian_wife 1,822]

Why would you get married again? Married is married

good luck

[KOVillegas 1]

What I mean is getting an American Marriage Certificate and applying for an adjustment of status. Right now we have a Mexican Marriage Certificate.

[Stressed Out 81]

You already have the petition approved, which imho is the hardest part to wait through. I don't see why you would want to renew your vows in the US unless it was just for fun. But starting a different immigration process is a tad silly sounding, especially when you're halfway through the one you've already started.

Not to mention anytime you enter the US without an immigration visa with the intent to stay and adjust status it's going to be considered fraud.

[Transborderwife 4,666]

What I mean is getting an American Marriage Certificate and applying for an adjustment of status. Right now we have a Mexican Marriage Certificate.

No. This would be visa fraud. You're already married. It seems like a long struggle now but it'll be over before you know it.

[KOVillegas 1]

Thanks. That's what I thought as well, but my husband is convinced it is possible and would be quicker. His uncle was here on a work visa and then got married and was able to adjust his status very quickly, thought we'd try all avenues.

[Grace for Grace 3]

HENCE U ARE MARRIED THAT IS JUST IT OK,WHEN DID U RECEIVED UR APPROVAL?

[Stressed Out 81]

His uncle probably didn't have intentions of getting married when he entered with a work visa. What you're suggesting is "possible", but illegal and I'd never recommend it. You're already almost there.

[Boiler 45,486]

There are some locations in the US that do allow you to marry more than once. New York was mentioned.

Quite why is another issue.

[UnaMexicana 153]

OP:You can adjust from a work visa (your uncle's husband). You are not supposed to adjust from what I assume is a tourist visa (your husband).

It IS possible to do it and you don't need to re marry. However, burden of proof to demonstrate he did not enter with intent to AOS lies on you both. This could be considered immigration fraud and land your husband with a 10 year ban.

Does he really want to gamble it at this stage in the process?

Also.. can you please let us know how easy/difficult was it for your husband to come to the US with his tourist visa? I am planning to visit my husband next week and sort of panicking about it.

Thanks!

UnaMexicana

[Transborderwife 4,666]

Thanks. That's what I thought as well, but my husband is convinced it is possible and would be quicker. His uncle was here on a work visa and then got married and was able to adjust his status very quickly, thought we'd try all avenues.

The key words as I'm sure you realize are got married. You're already married. So this path is null and void not to mention dishonest at this point.

[KOVillegas 1]

OP:You can adjust from a work visa (your uncle's husband). You are not supposed to adjust from what I assume is a tourist visa (your husband).

It IS possible to do it and you don't need to re marry. However, burden of proof to demonstrate he did not enter with intent to AOS lies on you both. This could be considered immigration fraud and land your husband with a 10 year ban.

Does he really want to gamble it at this stage in the process?

Also.. can you please let us know how easy/difficult was it for your husband to come to the US with his tourist visa? I am planning to visit my husband next week and sort of panicking about it.

Thanks!

UnaMexicana

Thanks for the info. I think we will stay where we are at this point. I just wanted a bit more information/opinion. No need for hostility on this page, aren't we all in this together? (not towards you UnaMexicana)

UnaMexicana.... my husband was able to come over very easily. He flew in to Denver and was just asked a few questions about his trip. They did ask to see a roundtrip ticket back to Mexico. Don't panic! If you're just visiting you should have no problem! Enjoy your visit with your husband!

[Hypnos 6,576]

No. This would be visa fraud.

No, it wouldn't.

However, burden of proof to demonstrate he did not enter with intent to AOS lies on you both.

Also wrong.

OP, you can switch tracks and pursue adjustment of status if you wish; the choice is yours.

Edited November 11, 2014 by Hypnos

[UnaMexicana 153]

thanks i SWEAR i will post pictures with my huge grin once I get to see him! hahaha

UnaMexicana

Thanks for the info. I think we will stay where we are at this point. I just wanted a bit more information/opinion. No need for hostility on this page, aren't we all in this together? (not towards you UnaMexicana)

UnaMexicana.... my husband was able to come over very easily. He flew in to Denver and was just asked a few questions about his trip. They did ask to see a roundtrip ticket back to Mexico. Don't panic! If you're just visiting you should have no problem! Enjoy your visit with your husband!

[Husakovic 31]

Anybody who can get married in the U.S.A. and do A.O.S. should! Because the American Immigration system is EVIL and punishes people who do things the legal proper way! But if you're already married id on't think it is possible......