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 fully sure your wedding is legitimate and discover exactly just how it may qualify your partner for U.S. Residence that is permanent.

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

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

Immigration Eligibility Centered 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 persons a primary road to U.S. Immigration. As opposed to rumor that is popular nevertheless, 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 may 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 an eco-friendly card. )

If you should be a lawful resident that is permanent the new partner turns into a “preference general, ” in category F2A, and certainly will obtain a visa (and enter the U.S. ) just following the visa is becoming available. Yearly limitations in the quantity of visas provided in category F2A create years-long waits, 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.

Summary of acquiring an eco-friendly Card centered on wedding

The applying procedure for a card that is green on wedding involves numerous actions, such as for instance publishing types and papers and going to a job interview with U.S. Immigration authorities. The objective of all of this is always 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 take place, when it comes to a visa that is fiance
  • That the marriage is real (not really a sham to have a green card), and
  • That the immigrant isn’t inadmissible into the U.S. For medical, unlawful, economic, or any other reasons. (See Inadmissibility: When the U.S. Will Keep You Out for details. )

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

Procedures Whenever Obtaining A fiance(e that is k-1

In the event that you as well as your intended (whom lives beyond your U.S. ) haven’t yet married—or have held an informal ceremony that doesn’t count as the state marriage in the location where it had been held—you can put on for a temporary (90-day) visa to enter the U.S. And contain 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 will probably move the full instance up to a U.S. Consulate in Mexico. Here, your fiance(e) will submit an application for A k-1 visa, that involves submitting kinds and papers and going to an meeting.

After your wedding when you look at the U.S., partner can use to USCIS for the card that is green through an ongoing process called modification of status ( type which is why 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 in the future From Mexico for an Immigrant Visa

In the event that you as well as your wife or husband have previously married, 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 when it comes to Immigrating Spouse of the U.S. Permanent Resident. )

After USCIS approves the I-130, spouses of U.S. Residents can carry on ahead with visa processing, while spouses of permanent residents must hold back until USCIS and also the State Department state ( predicated on your concern date) as you are able to begin the visa application procedure. When you’ve applied, you might need to wait some more months for the visa in order to become available. Presently ( as of mid 2018), the hold off is mostly about 2 yrs 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 interview at, a U.S. Consulate into the appropriate town in Mexico. (The U.S. Petitioner might possibly go to, it is not essential to. ) Upon approval, goes into 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 immediately after.

Where in Mexico the Interview Will Be Held

Even though U.S. Has consulates in lot of towns in Mexico, only some of them procedure immigrant visas based on wedding., in 2018, just the consulate in Ciudad Juarez is managing 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 your partner initially stumbled on the U.S. Legitimately (such as for example on a fiance(e) visa or even a learning student or tourist visa), and either you might be a U.S. Resident or remains in legitimate visa status, they are able to use status in the usa. The primary kind for this will be USCIS Form I-485. The both of you shall attend an meeting at certainly one of USCIS’s industry workplaces. (information regarding USCIS areas or solution facilities can be obtained at its site. )

Just be sure your better half didn’t commit visa fraudulence by utilising the nonimmigrant visa particularly to enter the U.S. And use for a green card—see dangers of going into the U.S. As being a Tourist, Then trying to get Marriage- Based Green Card for details.

In case the partner entered the U.S. Without examination, or perhaps you are really a resident that is permanent whoever spouse longer in appropriate status or spent some time working illegally within the U.S., your position is more complicated than can deal with. You could have difficulty getting a green card for 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.

Stepping As a Legally Valid Wedding

No matter where you marry, get yourself a certification that convinces the U.S. Immigration authorities it was legitimately recognized into the state or nation where it were held. Here are some suggestions on doing that.

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Getting Documentation of the Valid Marriage in Mexico

You will need to make sure the marriage will be recognized as valid if you plan to get married in Mexico. Each state in Mexico determines its marriage procedures as in the United States. Contact the working office associated with the Registro Civil when you look at the jurisdiction in which you intend to obtain hitched for complete information regarding the needs.