Green card by marriage

[Chiristiano8]

My girlfriend has a tourist visa, she is a Mexican citizen, she is crossing with me, I am an american citizen. I have a couple of questions:
Is it better to be married before we go to the US from Mexico?
Does she have to apply for a green card to get some benefits? Like a Social security number?
If she applies, is it possible for her to leave the US to finish her last 3 months of work in Mexico?
There is a bit of an urgency for us to go to the US since we are pregnant and we want to have our baby in San Francisco, Ca.
Thanks

[sunny1000]

Originally Posted by Chiristiano8

My girlfriend has a tourist visa, she is a Mexican citizen, she is crossing with me, I am an american citizen. I have a couple of questions:
Is it better to be married before we go to the US from Mexico?
Does she have to apply for a green card to get some benefits? Like a Social security number?
If she applies, is it possible for her to leave the US to finish her last 3 months of work in Mexico?
There is a bit of an urgency for us to go to the US since we are pregnant and we want to have our baby in San Francisco, Ca.
Thanks

If I were you, I will let her cross the border on her own since she is on a tourist visa. The burden of proof is on her while she has a visitor visa to prove that she is not entering U.S with the intention to immigrate. If you accompany her, then the CBP officer may think that since she has a boyfriend, so, she will stay back permanently and deny entry.

You both should get married in the U.S for the above stated reason. Yes, she has to apply for green card to get SSN as a visitor visa does not qualify for SSN.

Once you guys are married, you can apply for her immigrant petition (I-130) and adjustment of status (I-485) at the same time after she completes 90 days of stay. With the I-485, she is qualified for EAD (Employment Authorisation Document) and an Advance Parole Document (for travel purposes).

If she needs to travel, she should use the Advance Parole. I would recommend not to travel until she gets her green card.

Hope the info helps. Congrats on your expected new arrival and best wishes for your wedding.

[PERM12]

since you already are in a relationship.. you should bring her on a K-1 Visa instead of B1/B2 visitor visa. K-1 visa is a fiancee visa gives you 90 days for getting married in US ….and also is a dual intent and you will be able to apply for green card after marriage...

Originally Posted by Chiristiano8

My girlfriend has a tourist visa, she is a Mexican citizen, she is crossing with me, I am an american citizen. I have a couple of questions:
Is it better to be married before we go to the US from Mexico?
Does she have to apply for a green card to get some benefits? Like a Social security number?
If she applies, is it possible for her to leave the US to finish her last 3 months of work in Mexico?
There is a bit of an urgency for us to go to the US since we are pregnant and we want to have our baby in San Francisco, Ca.
Thanks