Marriage In The US Versus Marriage In Mexico

flybeech · #1 (**permalink**) 23rd June 2011, 11:40 PM

My fiancee has a good job, land, two houses and a 10 year visitor's visa to the US. We intend to spend equal time in both the US and Mexico and want to enjoy as many rights in both countries as possible. Happily, she already has a visa so we have the option of getting married in either country, but we are trying to decide the best course.

If we marry there, I believe I must have my apostilled birth certificate and divorce decree officially translated, which is about 25 pages. Then, we must have a blood test and pay the much larger fee for the marriage license to a non-national. Further, I believe it is more difficult and time consuming to convert her visa to permanent resident status, if our marriage is performed outside the US.

If we are married in the US, it is my understanding that only my birth certificate and our marriage license needs to be apostilled and translated, to be registered with the Mexican government and initiate the inmigracion peticion familiar and add me to her ISSSTE health insurance and all the other things I might need that documentation for in Mexico.

What are the advantages and disadvantages of becoming married in the USA, versus being married in Mexico?

MJB5293 · #2 (**permalink**) 24th June 2011, 12:39 AM

Do it in Vegas I did they will so the apostolic and. Send it to you because of the. Haug act it is all you have to do

tepetapan · #3 (**permalink**) 24th June 2011, 02:11 PM

The one disadvantage might be that when she goes to renew her U.S. visa, it may be denied. Getting her permanent resident visa is thousands of dollars and who knows if they will accept the application. In Mexico it was two trips to immigration, maybe a couple hundred dollars, no blood tests and the mayor of our did the civil wedding. And what a wedding, party on for 2 days (and nights). Thinking about it, get married in Mexico, so much more fun.
As far as where you are married makes no difference at all, both countries will accept the fact you are married. My wife and I got married in Mexico and 6 months later in the U.S. , that way everyone got to partake of the event.... and more wedding presents!

MJB5293 · #4 (**permalink**) 24th June 2011, 02:20 PM

Quote:

Originally Posted by tepetapan

The one disadvantage might be that when she goes to renew her U.S. visa, it may be denied. Getting her permanent resident visa is thousands of dollars and who knows if they will accept the application. In Mexico it was two trips to immigration, maybe a couple hundred dollars, no blood tests and the mayor of our did the civil wedding. And what a wedding, party on for 2 days (and nights). Thinking about it, get married in Mexico, so much more fun.
As far as where you are married makes no difference at all, both countries will accept the fact you are married. My wife and I got married in Mexico and 6 months later in the U.S. , that way everyone got to partake of the event.... and more wedding presents!

nope we went to change the name on my wifes passport and visa and the man told us to just wait till it is up for renew 2015 i wanted to know if that would change anything he said nope as the marriage was noted in the usa

tepetapan · #5 (**permalink**) 24th June 2011, 02:52 PM

Quote:

Originally Posted by MJB5293

nope we went to change the name on my wifes passport and visa and the man told us to just wait till it is up for renew 2015 i wanted to know if that would change anything he said nope as the marriage was noted in the usa

And in 2015 he will not be there and she MAY be deported. See an immigration lawyer and ask them, I did and the answers from the regional office of the the U.S.
immigration where not correct. In fact 2 different immigration lawyers in two different cities told me that my wife could be deported, her visa taken and she may not be able to enter the U.S, for years if they (Immigration) found we were married ( while applying for a green card).
Go see an immigration lawyer, the first visit is free usually. Ask them what is what and please write back with an answer. The U.S. immigration service does not work for you (though they should) and have their own agenda.

flybeech · #6 (**permalink**) 24th June 2011, 11:40 PM

SHOCKING! Am I understanding correctly? No matter where we marry, her US visa could be seized and she could be deported simply for marrying me? Her visa does not expire until 2017 and I assumed that in that time, we could simply convert her visa to permanent resident status, ourselves. I never dreamed that marrying me would make her a de-facto illegal alien!

I wouldn't want to do anything to jepordize her visa and I need to study the problem further. I am hopeful that the good folks here can offer some links and advise supporting or debunking the belief that marriage to an American is a violation of the terms of her visa, resulting in the forfeiture of her visa and her subsequent deportation as a criminal.

MJB5293 · #7 (**permalink**) 25th June 2011, 12:47 AM

this is not true

maesonna · #8 (**permalink**) 25th June 2011, 02:26 AM

If there is any doubt about what marriage will do to her visa application, you could have just a church wedding in Mexico without a civil wedding. You'd be married in the eyes of God but not the law!

DNP · #9 (**permalink**) 25th June 2011, 09:20 AM

You want to know what her visa says? Read it. They're pretty clear and easy to understand. Probably limits the amount of time she can stay in the country each time she enters with that visa, probably says she can't work. (Customs will want to know what she's bringing with her on each visit.)

I don't think you'll find anything about getting married on that visa, or not getting married. And I'm sure you already know this, because you're married and divorced yourself, her visa is not a marriage license. A marriage license is something else and the INS doesn't issue marriage licenses--to anyone, citizen or non-citizen.

Read her visa, again maybe, and let us know what it says.

cscscs007 · #10 (**permalink**) 25th June 2011, 11:23 AM

What kind of visa application do you have pending?
I-129 (fiance visa)
I-130 (family based visa)
H-1B (visitor)

The only issue that would arise is from the I-129 visa application because it requires the person to be married in the US within a certain number of days after arrival. The requirement is that both parties must be single at the time of the marriage.
As for any other visa the answer would be any marriage would not change the status of a visa or pending visa application. In most cases it would make the case for coming to the US even stronger.
As long as it is not an I-129 it wouldn't be an issue. Now as for her getting her passport, my wife has kept it in her name and renews it like that. Mexico has a tendency to make simple things very difficult to change.