Acworth, GA Immigration Law Firms & Lawyers

Your questions raise significant immigration-related issues. A short answer: yes you may have a wedding ceremony in Mexico and then have another wedding ceremony in the U.S. A slightly longer answer: entering the U.S. with a visitor's visa after becoming married in Mexico and while having an intention to live permanently in the U.S. could constitute visa fraud, with potentially very harsh immigration consequences. Petitioning for a spouse to join you in the U.S. and then apply to become a Permanent Resident can take significantly longer than petitioning for a fiance to join you in the U.S. and then marry and apply to become a Permanent Resident. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Generally, when a foreign national entered the U.S. lawfully and with inspection (as you apparently did 11 years ago), and then becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application process so that the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed her visa, may have applied for and been granted relief through DACA, and may have DACA status ending soon. Of course, there are many other details that determine eligibility. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Significantly more information is needed in order to provide a legal analysis of ways your fiance may be able to become a Permanent Resident (to get a "Green Card"). This includes, for example, information about your own immigration status (Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); information about your fiance (How and when did he enter the U.S. What is his current immigration status?); Etc. Be aware that the USCIS recently announced new scrutiny for instances where a foreign national enters the U.S. with a visa requiring "nonimmigrant intent" (such as with a visitor's visa, a student visa, etc.) and then soon become married to a U.S. citizen and/or takes other steps inconsistent with nonimmigrant intent. ("Nonimmigrant intent" is an intention to enter the U.S. only for a temporary stay and with an intention then to return abroad.) If immigration authorities determine that the foreign national misused that type of visa, it may be treated as visa fraud, with very harsh immigration-related consequences. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.