Marrying A resident of Mexico? Ways to get a Green Card for Your New Spouse

Whether marrying in Mexico or perhaps in the U.S., make sure that your wedding is legitimate to see just exactly how it could qualify the new partner for U.S. Residence that is permanent.

If you’re marrying some body from Mexico, and intend to sponsor your spouse for the U.S. Green card (lawful permanent residence), the following is some essential appropriate and information that is practical.

(Warning: this will be an overview that is general of the method works for people. Your circumstances may provide problems or be eligible for exceptions; see a lawyer for a complete analysis. )

Immigration Eligibility Predicated On Engagement or Wedding

First, a background that is little U.S. Immigration legislation. Wedding to a U.S. Citizen or legal permanent resident provides foreign-born people a primary road to U.S. Immigration. As opposed to rumor that is popular nonetheless, these individuals never straight away or automatically accept green cards or U.S. Citizenship.

If you should be a U.S. Resident, your brand-new partner becomes your “immediate general, ” and might get an eco-friendly card once both of you ensure it is through the program procedure. This could simply just just take 6 months to a 12 months, if not much longer.

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 married first an additional nation, and then apply for an immigrant visa with which to go into the U.S. —the same in principle as an eco-friendly card. )

If you’re a legal permanent resident, your brand-new partner turns into a “preference relative, ” in category F2A, and that can obtain a visa (and go into the U.S. ) only following the visa has grown to become available. Yearly restrictions regarding the wide range of visas given out in category F2A create years-long waits, on the basis of the man or woman’s “priority date. ” The application form procedure itself adds more months to your procedure.

Permanent residents cannot petition for fiance(e)s.

Summary of getting a Green Card According to wedding

The program procedure for a card that is green on wedding involves numerous actions, such as for instance publishing types and papers and going to an meeting with U.S. Immigration authorities. The goal of all of this is to show:

  • The status regarding the U.S. Petitioner ( being a resident or resident that is permanent
  • That a legitimate wedding has taken place (or will happen, when it comes to a visa that is fiance
  • That the marriage is real (not really a sham to obtain an eco-friendly card), and
  • That the immigrant is certainly not inadmissible towards the U.S. For medical, unlawful, economic, or other reasons. (See Inadmissibility: When the U.S. Could well help keep You Out for details. )

Procedurally, you might do have more than one choice as to where you apply, as described below.

Procedures Whenever Obtaining A k-1 fiance(e) visa

In the event that you as well as your intended (who lives beyond your U.S. ) haven’t yet married—or have held a casual ceremony that doesn’t count as the state wedding within the location where it had been held—you can put on for the temporary (90-day) visa to enter the U.S. And keep the wedding.

The U.S. Resident begins this technique by filing a visa petition on Form I-129F with U.S. Citizenship and Immigration solutions (USCIS). After USCIS approves the I-129F, it’ll move the situation to a U.S. Consulate in Mexico. Here, your fiance(e) will use for a visa that is k-1 that involves publishing kinds and papers and going to a job interview.

After your wedding into the U.S., the new partner can use to USCIS for the green card, through an ongoing process called adjustment of status (the primary kind which is why is the I-485). The both of you will go to a card that is green at a regional USCIS workplace.

Procedures for your better half in the future From Mexico for an Immigrant Visa

You would start the green-card application process by filing Form I-130 with USCIS if you and your husband or wife have already married. (See planning A i-130 visa petition for the Immigrating Spouse of U.S. Citizen or Preparing an I-130 Visa Petition when it comes to Immigrating Spouse of the U.S. Permanent Resident. )

After USCIS approves the I-130, partners of U.S. Residents can carry on ahead with visa processing, while partners of permanent residents must hold back until USCIS together with continuing State Department state ( predicated on your priority date) as possible begin the visa application process. As soon as you’ve used, you might need certainly to wait some more months for the visa in order to become available. Presently (at the time of mid 2018), the hold off is mostly about 2 yrs for an available visa.

Will get through consular processing for the immigrant visa. This means your spouse submits paperwork to, and attends an meeting at, a U.S. Consulate into the city that is appropriate Mexico. (The U.S. Petitioner could possibly go to, it is not necessary to. ) Upon approval, comes into the U.S. On an immigrant visa, at which time she or he becomes a legal permanent resident and gets a genuine green card right after.

Where in Mexico the Interview Will Soon Be Held

Even though the U.S. Has consulates towns and cities in Mexico, only a few of them procedure immigrant visas based on wedding. In reality, in 2018, just the consulate in Ciudad Juarez is managing visas that is immigrant.

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

Procedures In The Event Your Partner Has Already Been into the U.S.

If your better half at first stumbled on the U.S. Legitimately (such as for example for a fiance(e) visa or even a student or tourist visa), and either you will be a U.S. Resident or continues to be in valid visa status, they are able to apply to regulate status in america. The form that is main it is USCIS Form I-485. Both of you shall go to an meeting at certainly one of USCIS’s field workplaces. (information on USCIS places or solution facilities can be located at its site. )

Your partner didn’t commit fraud that is visa utilising the nonimmigrant visa specifically to enter the U.S. Thereby applying for a green card—see dangers of Entering the U.S. As being a Tourist, Then trying to get Marriage- Based Green Card for details.

When your spouse entered the U.S. Without examination, or perhaps you certainly are a resident that is permanent whoever spouse is not any longer in appropriate status or has worked illegally within the U.S., your position is more complicated than can deal with. You may possibly have trouble getting a card that is green, though it’s not impossible. See an immigration lawyer for details or whether you qualify to adjust status if you have any questions about.

Stepping As a Legally Valid Wedding

Irrespective of where you marry, have a certification that convinces the U.S. Immigration authorities it took place that it was legally recognized in the state or country where. Listed here are some guidelines on doing that.

Acquiring Documentation of the Valid Marriage in Mexico

In the event that you want to get hitched in Mexico, you need to ensure that the wedding may be named legitimate. Such as the usa, each state in Mexico determines its wedding procedures. Contact the office regarding the Registro Civil into the jurisdiction for which you intend to have hitched for complete information on the needs.

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