If my fiancé is from Mexico and has her visitor’s visa, are we able to have a civil marriage in the US, begin the I-130 process, and live in separate countries until the green card is issued?

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If my fiancé is from Mexico and has her visitor’s visa, are we able to have a civil marriage in the US, begin the I-130 process, and live in separate countries until the green card is issued?

Asked on May 21, 2014 under Immigration Law, North Dakota

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, absolutely.  This is one of the ways to do it.  You can also petition for her as a fiancee and once she gets the fiancee visa she will be able to come to the US to get married and start the proces of adjustment of status.


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