Engaged and unsure how to start

[Anders & Eloisa 0]

I have been engaged to my fiancée for about 6 months. She lives in Mexico City. we had planned for her to visit me last year, but Covid-19 had other plans. Her B-1 visitor visa was originally scheduled for March 18, 2020 but the embassies were closed on March 17th. I have travelled to Mexico 6 times in the past 2 years to be with her and I have been with her roughly 45 over the course of those trips. I just found this site a couple days ago and it seems to have a lot of good information. I have several questions about how we should proceed from here.

 

From what I've read, the CR-1 visa looks like the best option for us. I don't mind waiting the 12-15 months for her to immigrate to the US, but there are a couple issues. She has a daughter whose father is listed on the birth certificate (not me), so my fiancée with need to obtain full custody of her daughter in order to take her out of the country. Since the courts have been closed for some time in Mexico City, I was wondering if anyone could recommend things that I can do in the meantime.

 

Should we begin the paperwork for the CR-1 visa now or wait until she has full custody of her daughter?

 

Are there documents that I can begin compiling right now so that I am better prepared for when we file?

 

Is the CR-1 visa the best option for our circumstance? I am more than willing to fly to Mexico in order to be legally married to my fiancée, but would it help situation?

 

Any help or advice would be greatly appreciated. Thank you!

[Noname93 200]

I'm not sure about the situation with her daughter but CR1 is for spouses so you can't start the paperwork until you are married anyway.

[aaron2020 11,651]

If you want to go the CR-1 spousal visa route, then you can not file until you are married and have a copy of your marriage certificate.

Once you are married, you can file for your wife and stepdaughter.  While you are petitioning for them, you can work on custody with the Mexican court.  You will need to file two separate cases since derivative beneficiaries are not allowed when a USC petitions a spouse.  One I-130 for your wife.  Another I-130 for your stepdaughter.