K3 Visa Questions

My girlfriend from Mexico has a tourist visa that expires October 23, 2011. She is planning to travel to the US on August 12. We are planning on getting married while she is here and filing for her to get a spouse visa. The questions that we have are:

1. Will she need to renew her tourist visa prior to traveling here in August?
(She was told that it had to be renewed 6 months prior to expiration)

2. What documents will she need to bring with her in order for us to get married?

3. How long will it take before she will receive Travel Documents that will enable her to travel between Mexico and the US?

4. How long before her visa will be issued?

5. Does she need to have a medical exam before we get married? If so, can it be done in the US?

Thank you



Phil's picture

Marriage in U.S. on Tourist Visa

Hi, thank you for posting your questions. First of all, if she enters the U.S. using a tourist visa with plans to immigrate this would be considered visa fraud and could be a problem so I would caution you against that. Its one thing if she enters just to visit for a while and then there is a change of plans and you decide to get married while she is here.

1. Regarding renewal of the tourist visa, she doesn't necessarily need to renew it before her planned trip on August 12th since it does not expire until October 23rd and it will be valid when she enters the U.S. She may want to renew it since it might take a while to get the new visa if she plans on returning to visit.

2. Regarding the marriage, you will have to check with the County Clerk or other state or local government agency where you will be married about the documentary and marriage license requirements.

3. With the travel document, in the case of an adjustment of status petition based on marriage to a U.S. Citizen one can obtain a travel document typically in about 90 days from the date of filing the petition but it can vary.

4. Assuming you mean that your wife would return to Mexico after you are married and you would file for an immigrant visa and/or K3 visa for her it can take between 8-12 months.

5. The requirements and procedures for medical examinations are different depending on the process. If she is applying for an immigrant visa or K3 visa at the U.S. Consulate in Ciudad Juarez she would have to obtain the medical examination from an approved doctor there and at a time proscribed by that consulate's procedures. Medical examinations in adjustment of status cases can be done by any civil surgeon in the U.S. and I suppose it doesn't matter if it is done before or after the marriage in terms of the validity of the exam.

I would be careful about how you go about this. These things are very serious and can result serious consequences that are difficult to rectify. This is not something you want to mess up.

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