What is the process we will have to go through to marry and get my wife a US green card? 3 Answers as of February 17, 2011

I am a US citizen. She has a B1/b2 visa and passport. She is a school teacher in Mexico and will continue teaching while the process is taking place. What do we need to do to bring her here legally and marry her in US and get her a green card so she can work here! 1. What is the process we will have to go through? 2. Where will it take place? OK city? 3.Can she still travel on her visa if name changes? So she can teach in Mexico while being processed. 4. Will all of our paperwork be processed in US (not in Border towns) 5. Interviews? 6. medical exams? 7. What credentials do I need as US citizen? 8. What credentials does she need as Mexican citizen? We have dated 5 years and would like to marry here in April, What do we need to do to bring her here legally? Thanks.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
There are basically two ways you can obtain her permanent residency. If she wants or needs to continue to work in Mexico while the process is going on I would recommend consular processing. The other option is for her to come to the U.S. on her B-2 and if on one of those visits you decide to get married she can file for her permanent residency in the U.S. but once her case is on file she will not be able to go back to Mexico for approximately 60-90 days when her travel permit arrives. This method is called adjustment of status.

Because she is a teacher the consular processing option would make more sense but this process will take 7-12 months. It is longer but would allow her to keep her job there until the process is completed. There are several steps to the process and I would be happy to guide you through them but preliminary we should make an assessment of which method makes more sense based on your needs as a couple. I would recommend contacting me directly and setting up a consultation to discuss procedures, fees and timing for each option.
Answer Applies to: California
Replied: 2/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your questions are very general. Hire a lawyer to assess your specific situations.
Answer Applies to: Florida
Replied: 1/27/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You can petition her a K-1 Fiance visa if you are not married. However, that process takes about 6-9 months and if you are planning to get married in April there is not enough time.

The other option is after you are married you can file an I-130 petition and they follow that up with a K-3 visa petition. The I-130 petition takes about 9-12 months and upon her arrival she is a conditional resident. However, the K-3 takes about 6-9 months so it is shorter. Once she arrives as a K-3 she then files for adjustment of status to get her conditional resident status.

As to the details, that depend on which option you choose.
Answer Applies to: California
Replied: 1/27/2011
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