Various Questions Related to K1/K2--Assistance Please

[jerika 0]

Any input about any of the following would be greatly appreciated as I do not want to make a mistake.

1. I am a US citizen. My divorce will be final in 2/2022.
2. I am now in a relationship with a Mexican citizen that is in Mexico that is getting a divorce (not sure of final date, but it will be after mine). She has three children (4, 17, 19).
3. Her state in Mexico requires at least one year from divorce to get married again.
4. Once both divorces are final, can she come to the US on a K1 visa with her three children on K2 visas, we quickly get legally married at a courthouse in California, we all travel to Mexico very soon after and have a symbolic wedding there, then we all come back to the US and her along with her three kids apply for adjustment of status to get all four of them green cards?
5. Will Mexico recognize the marriage as valid if she did not wait one year to get re-married in the US? Or, does getting re-married in the US get around that?
6. I read about how you can travel from the US to Mexico or Canada for 30 days or less on a K1 visa during the 90-day window. Can her kids on K2 visas do the same? Can we they all do this both before and after the marriage takes place as long as it is within the90-day window?
7. Does filing for adjustment of status require that they not leave the US until that is finalized? I am not sure where to fit that step in on #4.

 

Thank you very much!!!

[Boiler 45,362]

Well the 19 year old will be too old for a K2, 17 year old probably OK.

 

K1 is a single entry visa good for 90 days you then marry file to adjust and for EAD and AP and currently 8 months or so later you can travel and return.

Edited October 9, 2021 by Boiler

[Carlos&Gen 37]

As Boiler stated before, be aware once your K1 is processed and you travel into the US to get married (I'd say 12 months now in Mexico once you file) you cannot leave the US until you get your EAD and AP (which you should file as part of your Adjustement of Status and Greencard) so a weddiong/ceremony in Mexico won't be possible for a good 8 to 10 months.

[Just Paul 4,595]

19 minutes ago, jerika said:

I am now in a relationship with a Mexican citizen that is in Mexico that is getting a divorce (not sure of final date, but it will be after mine). She has three children (4, 17, 19).

If you want to have the 19 year old immigrate with her then you need to find another place in Mexico or someplace else, in the world,  to marry.

 

[Boiler 45,362]

1 minute ago, Paul & Mary said:

If you want to have the 19 year old immigrate with her then you need to find another place in Mexico or someplace else, in the world,  to marry.

 

 

That ship has sailed.

[aaron2020 11,651]

34 minutes ago, jerika said:

Any input about any of the following would be greatly appreciated as I do not want to make a mistake.

1. I am a US citizen. My divorce will be final in 2/2022.
2. I am now in a relationship with a Mexican citizen that is in Mexico that is getting a divorce (not sure of final date, but it will be after mine). She has three children (4, 17, 19).
3. Her state in Mexico requires at least one year from divorce to get married again.
4. Once both divorces are final, can she come to the US on a K1 visa with her three children on K2 visas, we quickly get legally married at a courthouse in California, we all travel to Mexico very soon after and have a symbolic wedding there, then we all come back to the US and her along with her three kids apply for adjustment of status to get all four of them green cards?
5. Will Mexico recognize the marriage as valid if she did not wait one year to get re-married in the US? Or, does getting re-married in the US get around that?
6. I read about how you can travel from the US to Mexico or Canada for 30 days or less on a K1 visa during the 90-day window. Can her kids on K2 visas do the same? Can we they all do this both before and after the marriage takes place as long as it is within the90-day window?
7. Does filing for adjustment of status require that they not leave the US until that is finalized? I am not sure where to fit that step in on #4.

 

Thank you very much!!!

Several problems with your plan.

 

1.  You can not file a K-1 until both parties are free to marry.  That means filing in 2023 - one year after her divorce when she is free to marry.  Getting her K-1 in 2024.  If you file for the K-1 when she is not legally able to marry, then the K-1 will be deny at the end because you failed to meet the requirement that both parties need to be free to marry at the time the K-1 is submitted.

2.  By the time your fiancee is eligible for a K-1, the 19 years old child will be over age 21 and too old for a K-2.

3.  K-1 and K-2 visas are single entry.  If they travel to Mexico after the US courthouse wedding, they will be stuck there.  After entering on the K-1/K-2, they have to stay in the US until they get their AP or green card.  Currently, it takes 6-8 months to get AP.

4. They can't travel to Mexico or Canada for 30 days during the 90 days window since their K-1/K-2 are single entry.  There is no such rule allowing them 30 days in Mexico or Canada.

5.  The adjustment of status requires them to be in the US until they get AP.  If they leave the US before getting AP, then they abandon their AOS and will be stuck outside the US.  At which point, you could apply for your spouse and the children who were under age 18 when you married -- that means the 17 years old now who will be over 18 by the time you marry can not be petition by you.  

The reality of your situation is that you will have to wait until her divorce is final and she is free to marry to file the K-1.  At which point, only the two youngest kids who are under 21 can get K-2.  Once they enter on the K-1/K-2, they have to stay in the US until they get AP.

13 minutes ago, Paul & Mary said:

If you want to have the 19 year old immigrate with her then you need to find another place in Mexico or someplace else, in the world,  to marry.

 

That doesn't solve the problem.  He can't petition for a child who is over 18 at the time of marriage.  

Edited October 9, 2021 by aaron2020

[jerika 0]

Thank you for the replies, everyone.

 

Am I understanding correctly that when she applies for a K-1, the US will check that she meets the one-year divorce requirement that her state in Mexico requires in order to re-marry? So, the US cares about other countries rules about marriage? I have no idea, but that sounds odd.

 

Regarding the traveling out of the US while on a K-1 visa, I was going by the "automatic revalidation" described here: https://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html

 

Also, I read here about the children needing to be under 21 and not married: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-7.html

Edited October 9, 2021 by jerika

[Boiler 45,362]

She has to be free to marry

[jerika 0]

She would be divorced--just not for a year yet.

[Boiler 45,362]

2 minutes ago, jerika said:

She would be divorced--just not for a year yet.

So not free to marry

[aaron2020 11,651]

18 minutes ago, jerika said:

Thank you for the replies, everyone.

 

Am I understanding correctly that when she applies for a K-1, the US will check that she meets the one-year divorce requirement that her state in Mexico requires in order to re-marry? So, the US cares about other countries rules about marriage? I have no idea, but that sounds odd.
It's not odd at all.  Embassies are expected to respect local laws.  The US considers the law of the countries where their embasssies, etc. are hosted.  If local laws saids you are not free to marry, then the US Embassy has to follow that law.  Your fiancee absolutely needs to be free to marry - one year post divorce - in order for YOU to file the I-129f to start the K-1 visa process.  After the I-129f is approved, then she applies for the K-1 visa.  If you file the I-129f even one day before she is free to marry, the K-1 will be denied since she was not free to marry when you submitted the I-129f.
 

 

Regarding the traveling out of the US while on a K-1 visa, I was going by the "automatic revalidation" described here: https://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html. Revalidation happens only if she is NOT MARRIED and leave and comes back.  Your courtroom marriage negates the possibility of revalidation.  Furthermore, marrying again in Mexico would negate the possibility of revalidation.  Also, revalidation is EXTREMELY TRICKY.  

 

Also, I read here about the children needing to be under 21 and not married: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-7.html. For a K-2, the child can be under 21.  For a stepchild, CR-2/IR-2 visa, the marriage to the mom has to happen before the child's 18 birthday in order for the USC stepparent to be able to petition.  Two different situations, two different laws, and definately two different results.

There is no creative way around the restriction that she has to be free to marry when you file the I-129f.  The 19 years old is not going to be eligible to immigrate with mom.  They can't travel internationally until they get their AP. 

Edited October 9, 2021 by aaron2020

[jerika 0]

Thanks again, everyone! That helps a lot.

[aaron2020 11,651]

12 minutes ago, jerika said:

Thanks again, everyone! That helps a lot.

You absolutely can not do anything until she is free to marry - one year after her divorce.  

If you marry her during that 1 year wait in another country or in another part of Mexico, her marriage will be invalid where she lives and you will not be able to petition her.

 

You have to wait this out.  

[HRQX 4,145]

4 hours ago, jerika said:

Also, I read here about the children needing to be under 21 and not married: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-7.html

Odds are the oldest one won't make it: Must be "under 21 when you were admitted to the United States as a K-2 nonimmigrant" https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

5 hours ago, jerika said:

Her state in Mexico requires at least one year from divorce to get married again.

Where exactly would she divorce? https://mx.usembassy.gov/marriage/ "As in the United States, each state in Mexico determines marriage and divorce procedures for that state." Need to see the exact section of the relevant law; i.e. "Ley de Registro Civil"

[HRQX 4,145]

4 hours ago, aaron2020 said:

If you marry her during that 1 year wait in another country or in another part of Mexico, her marriage will be invalid where she lives and you will not be able to petition her.

That is generally incorrect. The law of the place of marriage celebration determines if its valid, not where the beneficiary lives. https://fam.state.gov/fam/09FAM/09FAM010208.html

Quote

Law of Place of Celebration Controls: The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below). If the marriage was properly and legally performed in the place of celebration and legally recognized, then the marriage is deemed to be valid for visa adjudication purposes. Any prior marriage, of either party, must be legally terminated before the later marriage.

If the law in that specific place/state doesn't allow remarriage within a certain timeframe in that same specific place/state that has no effect on the laws of other "country or in another part of Mexico."