My fiance (Mexican) just arrived on a travel visa. We are unsure where to begin getting her legally into the US.

[GattAttack 2]

We met while I was vacationing abroad and hit it off right away. She came and visited once already where we went on a few trips and ultimately decided to get engaged. She returned back to Mexico and arrived back in the US 25 days later. We want to know what our best and quickest routes would be about her becoming a legal resident. Should we legally get married first or wait? Are there certain forms that we must fill out and if so which ones? We really do love each other. I just had no idea how many government strings would be attached to this relationship. Any advice is greatly appreciated.

[Crazy Cat 42,032]

***Moved to What Visa Do I Need?****

[Crazy Cat 42,032]

20 minutes ago, GattAttack said:

We met while I was vacationing abroad and hit it off right away. She came and visited once already where we went on a few trips and ultimately decided to get engaged. She returned back to Mexico and arrived back in the US 25 days later. We want to know what our best and quickest routes would be about her becoming a legal resident. Should we legally get married first or wait? Are there certain forms that we must fill out and if so which ones? We really do love each other. I just had no idea how many government strings would be attached to this relationship. Any advice is greatly appreciated.

If you are committed to marriage, then you have 2 options (I assume she is inside the US right now):

 

1.  Spousal visa-  You marry now, she returns to Mexico, and you start the spousal visa process.  It will take about 1.5 to 2 years for her to receive the CR-1 visa.

2.  Adjustment of Status-  You marry now, she stays in the US, and she applies for a Green Card.  However, she will not be able to work or leave the US for as many as 8 months to a year.  It will like take about 1.5 years to receive the Green Card. 

 

The guides section of this web site contain step-by-step instructions.

https://www.visajourney.com/guides/

 

Edited May 31, 2022 by Crazy Cat

[Crazy Cat 42,032]

Word of advice:  The US immigration process requires a great deal of knowledge, planning, time, patience, and money.

[GattAttack 2]

So that would be the I-130 Process?

[Dashinka 24,706]

1 minute ago, GattAttack said:

So that would be the I-130 Process?

I130 and I485.

[Crazy Cat 42,032]

2 minutes ago, GattAttack said:

So that would be the I-130 Process?

The I-130 is the first step after marriage.  It is filed by you, the US petitioner.  It would be required for both the spousal visa process and the Adjustment of Status process in your case. 

Edited May 31, 2022 by Crazy Cat

[GattAttack 2]

So the first thing we want to do is get legally married? Thank you so much for taking time out to help us. 

[Crazy Cat 42,032]

1 minute ago, GattAttack said:

So the first thing we want to do is get legally married? Thank you so much for taking time out to help us. 

Yes, that is step #1.

[GattAttack 2]

So our original plan was to get married here asap and have a wedding in Mexico next year. If we get married here, she doesn't have to leave right? We are tired of being without each other. Video calls only go so far. lol

 

Also, is there any paperwork that we need before getting married aside from a marriage license? And would it still be a regular marriage license?

[Crazy Cat 42,032]

5 minutes ago, GattAttack said:

So our original plan was to get married here asap and have a wedding in Mexico next year. If we get married here, she doesn't have to leave right? We are tired of being without each other. Video calls only go so far. lol

 

Also, is there any paperwork that we need before getting married aside from a marriage license? And would it still be a regular marriage license?

Check the marriage license requirements in your local county clerk's office.  Yes, it would be a regular, legal marriage.   As I stated, she can stay and file for adjustment of status from a tourist visa to legal resident.  But she will not be able to work or leave the US for as long as 8 months.  Is she prepared for that?  

 

 

Edited May 31, 2022 by Crazy Cat

[Dashinka 24,706]

1 minute ago, GattAttack said:

So our original plan was to get married here asap and have a wedding in Mexico next year. If we get married here, she doesn't have to leave right? We are tired of being without each other. Video calls only go so far. lol

 

Also, is there any paperwork that we need before getting married aside from a marriage license? And would it still be a regular marriage license?

Since she is here now, yes, step 1 is get married according to the local regulations here in the US where you will be getting married.  Then once you have the marriage certificate you can fill out and submit the I130 and I485/I131/I765.  I would not plan a wedding celebration for Mexico right now, wait until she has the AP/EAD card or her GC.  It does not sound like you wish to pursue the consulate path where she goes back after the wedding.  If you want to do something fast relative to getting married, you can try the Utah Zoom wedding, or maybe send a message to @Loren Y, he does some Vegas weddings for couples.

 

Good Luck!

[SusieQQQ 11,587]

9 minutes ago, GattAttack said:

So our original plan was to get married here asap and have a wedding in Mexico next year. If we get married here, she doesn't have to leave right? We are tired of being without each other. Video calls only go so far. lol

 

Also, is there any paperwork that we need before getting married aside from a marriage license? And would it still be a regular marriage license?

Please re-read what you were told in the first complete reply above…if you do adjustment of status, not only does she not “have to leave”, she CAN’T leave for up to a year (or work, or depending on state may even have problems getting a driver’s license). Before you make a decision which route to go, make sure you understand all the implications. If she doesn’t know anyone except you, and especially assuming you work regularly, it could be a very lonely, alienating, homesick process for her. If she goes back home to await consular processing she can still visit you. There is no ideal path where everything is simple quick and easy - so it’s the path that is least problematic to both of you that you need to figure out.
 

 

Edited May 31, 2022 by SusieQQQ

[Rocio0010 5,599]

13 minutes ago, GattAttack said:

So the first thing we want to do is get legally married? Thank you so much for taking time out to help us. 

Yes, if you’re ready to be married and understand the commitment. Then the very second thing you want to do is to research on CR-1 vs AOS and most importantly, read peoples experiences here. You say that you don’t want to be apart anymore and that’s quite understandable. However, understand that while she’s AOSing, she won’t be allowed to work, or enter back the United States if she leaves until she gets the permit, which is taking 8-9 months. In some States, she might not be allowed to get a valid DL. Knowing the disadvantages will help you make a better decision .

With the Cr1, she’ll have to go back to Mexico and wait it out there. However, she might still be able to get a B1/B2 visa and visit you. It’s not guaranteed that they’ll let her in, but people have done it successfully. 
Research, get married and fill out the forms. Most importantly, know your process.

[SusieQQQ 11,587]

16 minutes ago, Rocio0010 said:

With the Cr1, she’ll have to go back to Mexico and wait it out there. However, she might still be able to get a B1/B2 visa and visit you. It’s not guaranteed that they’ll let her in, but people have done it successfully. 

Well - she presumably already has a B visa as she is here as a tourist for 6 months. And if she marries here and goes back, that’s a strong signal to CBP that she doesn’t intend to abuse her tourist status and stay. On the face of it I think she’d be able to visit quite easily.

 

@GattAttack - judging from your post heading she still has close to 6 months left here? I’d say get married for sure, but you don’t need to rush into deciding what path to take just yet, take some time to go through pros and cons while she is here. Maybe even take a few weeks to treat it like a trial run for AOS and see how she feels about being left home alone all day every day, which is the biggest complaint we generally see about this process. If she can handle it, if she has other non-working friends, if she doesn’t get too homesick etc then maybe AOS would be the way. On the other hand if it starts being a problem for a few weeks, imagine how months on end would be, then maybe it’s better to co consular processing and regular visits. 

Edited May 31, 2022 by SusieQQQ