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

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

Whether marrying in Mexico or in the U.S., make sure that your wedding is legitimate to see just exactly just how it may qualify your brand-new partner for U.S. Permanent residence.

If you should be marrying somebody from Mexico, and want to sponsor your brand-new wife or husband for a U.S. Green card (lawful permanent residence), the following is some crucial appropriate and practical information.

(Warning: that is a basic breakdown of how the procedure works well with people. Your position may provide problems or be eligible for exceptions; see legal counsel for a complete analysis. )

Immigration Eligibility According To Engagement or Wedding

First, a background that is little U.S. Immigration law. Wedding to a U.S. Citizen or legal resident that is permanent foreign-born people a primary way to U.S. Immigration. As opposed to popular rumor, nonetheless, these individuals usually do not straight away or automatically accept green cards or U.S. Citizenship.

If you’re a U.S. Resident, the new partner becomes your “immediate general, ” and will receive a green card when the both of you ensure it is through the application form procedure. This might just just take half a year to a 12 months, if not 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 submit an application for an immigrant visa with which to enter the U.S. —the same in principle as an eco-friendly card. )

If you’re a legal resident that is permanent your brand-new partner becomes a “preference general, ” in category F2A, and certainly will get yourself a visa (and go into the U.S. ) just following the visa is now available. Yearly limitations on the wide range of visas provided in category F2A create waits that are years-long in line with the man or woman’s “priority date. ” The applying procedure itself adds more months towards the procedure.

Permanent residents cannot petition for fiance(e)s.

Summary of getting an eco-friendly Card predicated on Marriage

The applying procedure for a card that is green on wedding involves numerous steps, such as for instance publishing forms and documents and going to a job interview with U.S. Immigration authorities. The goal of all this work is always to show:

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

Procedurally, you might do have more than one option as to where you use, as described below.

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

In the event that you as well as your meant (whom lives outside of the U.S. ) haven’t yet married—or have held a friendly ceremony that doesn’t count as the official wedding into the location where it absolutely was held—you can put on for the temporary (90-day) visa to enter the U.S. And support the wedding.

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

After your wedding when you look at the U.S., the new partner can put on to USCIS for the green card, through called modification of status (the key kind may be the I-485). Both of you will go to a green card meeting at a neighborhood USCIS workplace.

Procedures for your better half in the future 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 the U.S. Permanent Resident. )

After USCIS approves the I-130, partners of U.S. Residents can carry on forward with visa processing, while partners of permanent residents must hold back until USCIS plus the continuing State Department say ( predicated on your concern date) you could begin the visa application procedure. When you’ve applied, you may need certainly to wait a few more months for the visa to be available. Presently (at the time of mid 2018), the delay two years for the visa that is available.

Your partner 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 within the city that is appropriate Mexico. (The U.S. Petitioner could probably go to, it is not essential to. ) Upon approval, your partner goes into the U.S. For an visa that is immigrant at which time she or he turns into a legal permanent resident and receives a genuine green card immediately after.

Where in Mexico the Interview Will Soon Be Held

Even though the U.S. Has consulates in many towns and cities in Mexico, not totally all of those procedure visas that is immigrant on wedding., in 2018, just the consulate in Ciudad Juarez is handling immigrant visas.

The consulate there would likely be the one to handle the case if your spouse happens to be living in another country than Mexico.

Procedures Should Your Partner Has Already Been into the U.S.

If initially stumbled on the U.S. Lawfully ( for a fiance(e) visa or perhaps a learning student or tourist visa), and either you will be a U.S. Resident or your partner remains in legitimate visa status, they can use to modify status in the usa. The form that is main that is USCIS Form I-485. Both of you will go to a job interview at certainly one of USCIS’s industry workplaces. ( USCIS areas or solution facilities can be obtained at its internet site. )

Just be sure your better half didn’t commit fraud that is visa making use of the nonimmigrant visa particularly to enter the U.S. Thereby applying for a green card—see dangers of going into the U.S. Being a Tourist, Then trying to get Marriage- Based Green Card for details.

Should your partner entered the U.S. Without examination, or perhaps you really are a permanent resident instead whoever spouse longer in appropriate status or spent some time working illegally when you look at the U.S., your position is more complicated than can deal with. You could have trouble getting a card that is green your better half, though it is not impossible. See an immigration lawyer for details or when you yourself have any queries about whether you qualify to modify status.

Getting 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. Here are some recommendations on doing that.

Getting Documentation of the Valid Marriage in Mexico

In the event that you want to get married in Mexico, you will have to ensure that the wedding will likely to be thought to be legitimate. Like in the usa, each state in Mexico determines its wedding procedures. Contact the working office associated with Registro Civil into the jurisdiction for which you prepare to get hitched for complete information regarding the demands.

Dodano: 23 February 2020
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