Should my fiance apply for residency before or after her visa expires? 2 Answers as of May 27, 2011Hello, I am planning to marry my girlfriend sometime in the near future perhaps a year or two. She is here from Mexico with a tourist visa which expires this coming January. Is it best to marry her while her visa is still active and file for residency or does it not matter? I've heard that the only thing that matters is that she legally entered the county. I heard that if the visa expired she could just as easily file for residency because she entered the country legally. In summary I just wanted to know if there were any pros and cons between applying for residency while her visa is active versus after her visa expires?
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Don't believe everything you hear, because some people speak irresponsibly about matters they know nothing about. A tourist from Mexico cannot apply for residency on her own. You can apply for her, after you marry her. Yes, it is best to marry before her tourist visa expires. Once her visa expires, her continued presence in the USA is illegal. The longer she stays after the visa expires, the worse her immigration situation becomes.
Answer Applies to: Washington