What is the best option for us to marry and obtain green card/work permission? From Mexico with tourist visa to U.S.

[Huell Babineaux 0]

I am from the U.S. (Long Island, NY) and my girlfriend is from Mexico (Leon, GTO). She currently lives in Mexico and I live in the U.S. She has a valid B-2 tourist visa is planning to move in with me in the U.S. in about a year. We are planning to marry and I am looking for the best way for us to get her a green card and work permission here in the U.S. We are a flexible on where and when we get married, we are just looking for the fastest/most efficient way to get her a green card and work permission considering our specific circumstances. The most important thing for her is that if she comes to the U.S. and begins the process, she has the option to go back to Mexico (for a short period in case of a family emergency, etc.) while the USCIS is processing her papers. The one snag I have as as the petitioner is that I have not filed taxes for the past 2-3 years. I was told that a family member of mine that makes a sufficient salary can fulfill this requirement with additional paperwork.

 

What do you think is the best option for us? Getting married in Mexico and filing for Consular Processing seems like an attractive option because she would be a legal permanent resident and have work permission when she enters the U.S. However, I don’t know how long it would take and if it takes a lot more than a year it would put additional stress on our long-distance relationship. It is possible I am misunderstanding how Consular Processing works. One lawyer told me the way he does most cases is to have the person enter using their tourist visa, wait the 90 days, get married, then file for adjustment of status. Is this a violation of her tourist visa? I am assuming this process the lawyer is using I-130?, I-485?, I-131?, and/or I-765?. Is this our best option? He said it is not recommended to leave the country while they are processing but that it could be done.

 

I think my question is relatively simple but after a few hours of reading through the requirements/limitations of each possible route, I still don’t have much clarity on which suits us best for our circumstances. Any insight is greatly appreciated. We may consult further with a lawyer for ~$300 but we would prefer to save the $3500 lawyer fees of filing and file the papers ourselves unless it is not recommended.

 

[wildbug100420 201]

54 minutes ago, Huell Babineaux said:

I am from the U.S. (Long Island, NY) and my girlfriend is from Mexico (Leon, GTO). She currently lives in Mexico and I live in the U.S. She has a valid B-2 tourist visa is planning to move in with me in the U.S. in about a year. We are planning to marry and I am looking for the best way for us to get her a green card and work permission here in the U.S. We are a flexible on where and when we get married, we are just looking for the fastest/most efficient way to get her a green card and work permission considering our specific circumstances. The most important thing for her is that if she comes to the U.S. and begins the process, she has the option to go back to Mexico (for a short period in case of a family emergency, etc.) while the USCIS is processing her papers. The one snag I have as as the petitioner is that I have not filed taxes for the past 2-3 years. I was told that a family member of mine that makes a sufficient salary can fulfill this requirement with additional paperwork.

 

What do you think is the best option for us? Getting married in Mexico and filing for Consular Processing seems like an attractive option because she would be a legal permanent resident and have work permission when she enters the U.S. However, I don’t know how long it would take and if it takes a lot more than a year it would put additional stress on our long-distance relationship. It is possible I am misunderstanding how Consular Processing works. One lawyer told me the way he does most cases is to have the person enter using their tourist visa, wait the 90 days, get married, then file for adjustment of status. Is this a violation of her tourist visa? I am assuming this process the lawyer is using I-130?, I-485?, I-131?, and/or I-765?. Is this our best option? He said it is not recommended to leave the country while they are processing but that it could be done.

 

I think my question is relatively simple but after a few hours of reading through the requirements/limitations of each possible route, I still don’t have much clarity on which suits us best for our circumstances. Any insight is greatly appreciated. We may consult further with a lawyer for ~$300 but we would prefer to save the $3500 lawyer fees of filing and file the papers ourselves unless it is not recommended.

 

Entering the US with the intent to marry and adjust status is not allowed. She can use her B1 visa for short visits at discretion of cbp. 

 

Also the USCIS will want to see your tax situation resolved. 

[appleblossom 3,423]

1 hour ago, Huell Babineaux said:

One lawyer told me the way he does most cases is to have the person enter using their tourist visa, wait the 90 days, get married, then file for adjustment of status. Is this a violation of her tourist visa? I am assuming this process the lawyer is using I-130?, I-485?, I-131?, and/or I-765?. Is this our best option? He said it is not recommended to leave the country while they are processing but that it could be done.

 

 

That lawyer is an idiot and proposing immigration fraud. Plus she couldn’t leave without abandoning the whole process unless she has AP in hand. If he put that advice in writing I’d report him personally. 

 

Your only two options are K1 or a spousal visa, the K1 will get your GF to the US quicker but she then wouldn’t be able to leave for quite some time. Whereas the spousal visa will take longer but she’ll be a green card holder from day 1 and can travel freely. So you need to decide whether speed of being together or her being able to leave is the most important, and prioritise the route that works accordingly.

 

Good luck. 

Edited Tuesday at 07:38 PM by appleblossom

[pushbrk 13,254]

Get married when and where you want, then do the spouse visa.  From Mexico, it will take a couple years.  If she doesn't abuse the visa, but staying too long or spending more time in the USA than out, she should be able to visit. Unfortunately, the USA does not have "I want to" visas related to immigration. You must choose from the available paths.

 

That what the lawyer proposes has been happening regularly for years, does not make it right.  Adjusting status as the lawyer proposes, has it's drawbacks too.  She'll be stuck in the USA from entry plus close to a year, without the ability to come and go, or work and will lose her B2 visa as well.

[mam521 2,295]

Your premeditation of her coming and adjusting status is immigration fraud.  Do not do this.  Mexicans already have it hard enough.  You do not need to draw additional scrutiny to her immigration case.  If her plan isn't to come for a year, why not get married and start the process immediately.  It takes about 2 years, all told, but then you're half way through your initial plan anyway. 

 

Consular processing will take longer, but it will ensure she enters the US with greencard privileges in hand, can participate in unrestricted travel in and out of the US and she can get a job and work straight away.  A K1 (fiance) visa may take less time, but it it will mean she cannot travel outside of the US until her AP is issued, she cannot work until her work authorization is issued and will ultimately end up costing you more money.  

 

You will be required to provide your income tax returns for the last 3 years, irrespective of whether or not you have a joint sponsor.  Please get your tax situation sorted out before you get too carried away.  

Edited yesterday at 04:21 PM by mam521