Winters, TX Immigration Law Firms & Lawyers

Excellent question.  If you are a U.S. Citizen, you can certainly petition her for a fiancee visa (K-1 visa) and then marry her in the United States.  You would have 90 days to marry her and then you would do an adjustment of status from K-1 to the green card.  You would also request a travel document.   While her green card is pending, she cannot travel outside the United States until she receives an Advance Parole (travel document).  It takes about 90 days to obtain it.   If you marry in Monterrey, Mexico in June, then you would petition her for an immigrant visa and she would consular process out of Ciudad Juarez, Mexico.  She would then enter the U.S. with a green card and if there were any emergencies in Mexico, she could travel immediately because she would have the green card. I hope this helps.  

Coming on a tourist visa or the visa waiver program with the intent to remain permanently will be considered immigration fraud by USCIS if they realize. This could lead to criminal charges and permanent bar from immigrating. The safest thing is to wait until your divorce is final and then apply for a fiance visa or spouse visa. However, you are going to have a heavy burden of proving the validity of the marriage. You should speak with a lawyer for help.

It would be wise to engage an immigration attorney to explore with you the possibility of using your U.S. passport as evidence of your U.S. citizenship and explaining the lost Certificate. Depending upon the circumstances that may be a good alternative to first applying for a replacement Certificate. If you were represented by an immigration attorney in connection with your naturalization, that attorney may have a copy of the Certificate in the attorney's file.