Married on a B2 visa but back in Mexico

My wife is a Mexican national. Last year she was in the U.S. on her B2 tourist visa from June until August. We decided we wanted to get married. She flew back to Mexico briefly to be with her family. She returned to the U.S. on the same visa on September 8th. We were married 3 days later on September 11th. But we didn't get married with the intention of her staying in the U.S. On January 15th we flew to Mexico and have been here ever since. She didn't violate the 180 day time period permitted to her. Getting married in San Diego, was for us, simply a destination wedding in a way, although I am a U.S. citizen. We're now in May of 2011 and I want to file for her to receive her permanent residence in the U.S. We did get married on her B2 visa not knowing that might be wrong, but we had no intention of staying in the U.S. and we did leave the U.S. within her permitted time. So just a few quick questions. Are we going to have any trouble getting her a permanent residence assuming she enters the country with a K3 visa after I file the I-130 for her? And do I have to do all of the filing and what not from inside the United States? Thank you very much.

ElGringo86

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Phil's picture

Filing I-130 Abroad

Thanks for your post. The fact that you and your wife were married in the U.S. while she was in the States as a visitor won't be a problem since she did not overstay and it does not otherwise appear that she violated the terms of the visa. You shouldn't have any trouble obtaining an immigrant visa for her.

If you are a resident of Mexico and reside in a part of the country that is served by a foreign DHS office you can file the I-130 petition directly with the local DHS office. If you qualify this is a great way to go because they are often processed much faster than similar cases filed with the USCIS in the U.S. (I just filed one for a client in Mexico City and the I-130 was approved in less than a month. The same I-130 would have taken 5-6 months if filed in the states.)

There is no real benefit to the K3 visa given the fact that the current processing times for the K3 are the same to the I-130 processing times. This is especially true for those who qualify to direct file with a foreign DHS office.

If you want help with your case feel free to shoot me an email and I will give you a quote for my services. Hope this information was helpful.

slight correction on type of visa

my wife's visa to be more specific is a B1/B2 BCC.

Phil's picture

got it, doesn't matter either

got it, doesn't matter either way. My answer to your original post remains true.

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