Re: US male citizen want to marry Mexican female

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Dear Brian,

You can obtain a fiance visa for her (K-1 visa). The K1
fiance(e) nonimmigrant visa entitles the visa applicant to
enter the U.S. to marry an American Citizen. Once she enter
the US you must get married within 90 days or as soon as
possible. However, your spouse would need to file AOS before
EAD or both in the sametime. Don't apply for EAD before AOS.

The best choice depends on a variety of considerations. Some
considerations are legal in nature while some are more
oriented toward family. The early on in your planning, it is
wise to consult with an attorney who specializes in
immigration. Because each circumstance is different and the
best choices to make cannot easily be explained in writing.

With regard to your second question; according to the USCIS
that Aliens present in the United States in a K-3 or K-4
nonimmigrant visa status can travel outside of the United
States and return using their K-3/K-4 visa. If they have
filed for adjustment of status (AOS) in the U.S. prior to
departure from the U.S. , USCIS will not presume that the
departure constitutes abandonment of an adjustment
application.

Thanks

On 3/10/07, brian wrote:
> I am a US citizen who plans to marry a woman who is a
> Mexico citizen. She has a tourist visa and visits every
> month. I know we can get a marriage license and marry with
> her using her Mexico issued passport... but what do we do
> after that so she can stay since the tourist visa stay is
> a maxumum 6 months?
> Does she have to return to Mexico while we file the I-130
> Petition for Alien Relative?
> How can she stay?
> And while the I-130 Petition for Alien Relative is being
> processed, can she travel back and forth to visit family
> in Mexico?