[Andomeo]

I'm an American citizen and want to marry a Chilean citizen. She's lived in the states for 5 years and is currently on a student visa. We want to marry in July 2014 (by then her status will be as a tourist because her student visa will have expired and she will change to a B2).

My question is, if we fly out to Chile, get married there (because of family reasons), and in two weeks fly back to Oregon state to live here (she would enter on her B2 tourist visa) will that raise any red flags with immigration when we submit papers for her residency? Will she even be able to get through customs if we return as a married couple?

Will our Chilean marriage be recognized in the US? Will we have to re-marry to obtain an american marriage license?

[lawanwadee]

Chilean marriage is recognized in the US, but you would need to have the papers certified by US embassy in Chile.

[newacct]

A marriage anywhere is recognized in the U.S. (unless it's like polygamy or something).

Being married is not an issue, but when she is entering the U.S. on a tourist visa (married or not), she cannot have preconceived intent to stay and immigrate once she enters, which you mentioned you guys already haves plan to do ("when we submit papers for her residency"). That would be visa fraud.

I see 3 options for you:
1. Marry in the U.S. before she leaves. Adjust status. She can leave once she gets advance parole or the green card. She can have a ceremony in Chile if she wants.
2. She leaves the U.S. and you guys marry in Chile. Then she would have to immigrate through consular processing at the U.S. consulate in Chile. The process takes around a year.
3. You guys have a ceremony in Chile but don't officially marry. You file for a K-1 fiancé visa for her, and she comes in on that and you guys officially marry in the U.S. and then adjust status.