Should I get married in the US or Mexico? 15 Answers as of March 09, 2012

It shall not matter where you get married. However, to give you suggestions, I would need further information. Your question does not state where your boyfriend currently resides. If he is in Mexico and cannot obtain a visa to travel to the US, then you may have to marry in Mexico to petition him or you may want to wait to become a citizen and then petition him as a fianc?. If he is in the United States, I would need to know how he entered the US. If he entered through the border he cannot adjust status (get residency) unless he leaves the US and goes through consular processing and present various waivers (not an easy case) depending on his situation. If he is in the US and entered with visa, even though the visa expired, then you should wait until you become a citizen to petition him and of course, you would get marry in the US. So, the answer depends on the facts of your specific case.

It really shouldn't matter, so long as the marriage was valid where performed and is not against public policy or state laws in the state where you reside. Generally, I suggest a U.S. marriage, as it may be easier to document. If your boyfriend cannot establish lawful admission at a regular border crossing, your expected naturalization will still not enable him to adjust status in the U.S., and he may need to process an I-601 waiver of inadmissibility due to accumulated unlawful presence. There should be some guidelines released later this year that may provide an opportunity to process the waiver stateside before going to a consular interview abroad.

You can marry in the United States or Mexico. The issue is whether your boyfriend entered the country with a valid visa. You stated he is not grandfathered under INA 245(i). However, if your boyfriend entered with a valid visa (with some exceptions), he could adjust his status in the United States once you became a U.S. citizen. If eligible, it would be in his interest to wait and seek adjustment of status in the U.S. If he did not enter with a valid visa, he would have to return to Mexico and process through the U.S. Embassy/Consulate. The reason this method is not preferred is your boyfriend has likely accrued what is known as unlawful presence. As soon as he leaves the U.S., he triggers a bar of either 3 or 10 years. This bar can be waived if you can show extreme hardship. This is a very complex matter and you and your boyfriend should discuss the matter more fully with an experienced immigration attorney before proceeding.

It depends on where your boyfriend is now and what, if any , US status he has. If he is in Mexico and is not barred due to other reasons(illegal presence, criminal convicitions, etc.), then bring him to US on a fiancee visa if possible. I would need more information, to discuss further.

US, it will be much easier for the green card process. Meanwhile, request a K1 visa for your fiance so that he can come to the US for the wedding.