Q: Can I (USC) marry my Mexican fiance in the US with his B1/B2 visa. Then return to Mexico for the immigration process?
We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?
A: As long as your fiance is not out of status (his visa hasn't expired), you can certainly get married here in the US. The best part is that he does not need to leave the country to adjust his status. In addition, while it may not impact your case, the Biden administration is working on changing the procedure for adjustment of status to allow people to stay in the US through the process. So, I would stay put, if I were him. You will be able to visit his family later. It is important that you have an attorney to guide you through this process. I represent immigration clients in both NC and SC.
If you marry him, then he departs due to his job, he may not be able to lawfully return to the U.S. until consular processing. That can take a year, perhaps, two or more years based upon COVID-19 delays. He is barred from using his visitor visa once he has immigrant intent, which he seems to have at this point.
I strongly recommend that you and your fiancé consider all of his options with a competent and experienced immigration attorney, like this office, before there are any more complications. You both may have other options which you have yet to consider.
The above is general information, not legal advice, and does not create an attorney client relationship.
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