Marrying A citizen of Mexico? Getting a Green Card for the New Spouse

Whether marrying in Mexico or into the U.S., ensure your wedding is valid to see just just how it could qualify your brand-new partner for U.S. Residence that is permanent.

If you should be marrying some body from Mexico, and intend to sponsor the new spouse for a U.S. Green card (lawful permanent residence), listed here is some essential appropriate and practical information.

(Warning: this might be a basic summary of just how the procedure works well with many people. Your situation may provide complications or be eligible for exceptions; see a legal professional for a complete analysis. )

Immigration Eligibility Predicated On Engagement or Wedding

First, a background that is little U.S. Immigration law. Marriage up to a U.S. Citizen or legal resident that is permanent foreign-born people a primary road to U.S. Immigration. Contrary to rumor that is popular nonetheless, these people usually do not instantly or automatically accept green cards or U.S. Citizenship.

Through the application process if you are a U.S. Citizen, your new spouse becomes your “immediate relative, ” and may receive a green card as soon as the two of you make it. This will just simply just take 6 months to a or even longer year.

Then your new spouse can apply for a green card, if desired if you are not yet married and your fiance(e) is still in Mexico, you can, if you are a U.S. Citizen, petition for him or her to enter the U.S. As a fiance(e) in order to get married in the U.S. —and. (Or, it is possible to elect to get hitched first an additional nation, then apply for an immigrant visa with which to go into the U.S. —the same in principle as a green card. )

If you should be a legal permanent resident, your brand-new partner becomes a “preference general, ” in category F2A, and certainly will get yourself a visa (and enter the U.S. ) just following the visa is becoming available. Yearly restrictions regarding the wide range of visas provided in category F2A create waits that are years-long on the basis of the individuals “priority date. ” The applying procedure itself adds more months into the procedure.

Permanent residents cannot petition for fiance(e)s.

Breakdown of getting a Green Card According to wedding

The applying procedure for a card that is green on wedding involves numerous actions, such as for instance publishing kinds and papers and attending a job interview with U.S. Immigration authorities. The goal of all this work is always to prove:

  • The status for the U.S. Petitioner ( being a resident or permanent resident)
  • That a legitimate wedding has happened (or will happen, when it comes to a visa that is fiance
  • That the marriage is real (not just a sham getting a green card), and
  • That the immigrant just isn’t inadmissible towards the U.S. For medical, criminal, monetary, or other reasons. (See Inadmissibility: When the U.S. Will help keep You Out for details. )

Procedurally, you may have significantly more than one choice as to where and exactly how you use, as described below.

Procedures Whenever Trying To Get A k-1 fiance(e) visa

It was held—you can apply for a temporary (90-day) visa to enter the U.S. And hold the wedding if you and your intended (who lives outside the U.S. ) have not yet married—or have held an informal ceremony that does not count as an official marriage in the location where.

The U.S. Resident begins this method by filing a visa petition on Form I-129F with U.S. Citizenship and Immigration solutions (USCIS). After USCIS approves the I-129F, it will probably transfer the instance up to a U.S. Consulate in Mexico. Here, your fiance(e) will make an application for a visa that is k-1 that involves publishing kinds and papers and going to a job interview.

After your marriage when you look at the U.S., your brand-new partner can put on to USCIS for the card that is green through a procedure called modification of status ( type could be the I-485). Both of you will go to a green card meeting at a neighborhood USCIS workplace.

Procedures for your better half ahead From Mexico for an Immigrant Visa

In the event that you as well as your wife or husband have previously hitched, you’d begin the green-card application procedure by filing Form I-130 with USCIS. (See planning A visa that is i-130 petition the Immigrating Spouse of U.S. Citizen or Preparing an I-130 Visa Petition for the Immigrating Spouse of a U.S. Permanent Resident. )

After USCIS approves the I-130, partners of U.S. Citizens can carry on ahead with visa processing, while partners of permanent residents must hold back until USCIS and also the continuing State Department state ( predicated on your concern date) that one may begin the visa application procedure. As soon as you’ve used, you may need to wait some more months for the visa to be available. Presently ( at the time of mid 2018), the hold off is mostly about couple of years for the visa that is available.

Is certainly going through consular processing for the visa that is immigrant. This means your spouse submits paperwork to, and attends an meeting at, a U.S. Consulate in the city that is appropriate Mexico. (The U.S. Petitioner might possibly go to, it is not necessary to. ) Upon approval, your partner enters the U.S. For an visa that is immigrant at which time she or he turns into a legal permanent resident and gets a real green card right after.

Where in Mexico the Interview Will Likely To Be Held

Even though the U.S. Has consulates in a number of towns and cities in Mexico, not all of them procedure visas that is immigrant on wedding., in 2018, only the consulate in Ciudad Juarez is handling immigrant visas.

When your spouse occurs become located in a different country than Mexico, the consulate there may likely function as someone to manage the scenario.

Procedures In The Event The Partner Is within the U.S.

If at first stumbled on the U.S. Legitimately (such as for instance for a fiance(e) visa or perhaps a learning pupil or tourist visa), and either you may be a U.S. Resident or continues to be in legitimate visa status, they are able to apply to regulate status in the usa. The primary type for this is certainly USCIS Form I-485. Both of you will go to an meeting at certainly one of USCIS’s field workplaces. (information regarding USCIS areas or service centers can be seen at its site. )

Just be sure didn’t commit fraud that is visa utilising the nonimmigrant visa particularly to go into the U.S. Thereby applying for an eco-friendly card—see dangers of going into the U.S. Being a Tourist, Then Applying for Marriage- Based Green Card for details. russian mail order brides real

If for example the partner entered the U.S. Without examination, or perhaps you are really a permanent resident instead whoever spouse is not any longer in appropriate status or did illegally when you look at the U.S., is more complicated than this short article can target. You could have trouble obtaining a card that is green your partner, though it isn’t impossible. See an immigration lawyer for details or whether you qualify to adjust status if you have any questions about.

Getting As a Legally Valid Wedding

Irrespective of where you marry, get yourself a certificate that convinces the U.S. Immigration authorities that it was lawfully recognized when you look at the state or nation where it were held. Listed here are some suggestions on doing that.

Getting Documentation of the Valid Marriage in Mexico

In the event that you want to get hitched in Mexico, you will have to ensure that the marriage should be thought to be valid. Each state in Mexico determines its marriage procedures as in the United States. Contact the office for the Registro Civil within the jurisdiction in which you want getting hitched for complete information on what’s needed.

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