Marrying A citizen of Mexico? Getting a Green Card for Your New Spouse
Whether marrying in Mexico or in the U.S., ensure that your marriage is legitimate and discover just exactly how it may qualify your brand-new spouse for U.S. Residence that is permanent.
If you should be marrying some body from Mexico, and plan to sponsor your wife or husband for the U.S. Green card (lawful permanent residence), the following is some essential appropriate and information that is practical.
(Warning: this really is a basic summary of exactly how the method works for a lot of people. Your circumstances may provide complications or be eligible for exceptions; see a legal professional for the full analysis. )
Immigration Eligibility According To Engagement or Wedding
First, a background that is little U.S. Immigration legislation. Wedding up to a U.S. Citizen or legal permanent resident provides foreign-born persons an immediate way to U.S. Immigration. Contrary to rumor that is popular nevertheless, these individuals do not instantly or automatically enjoy 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 could easily simply just take 6 months up 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, you can easily choose to get hitched first an additional nation, then make an application for an immigrant visa with which to enter the U.S. —the exact carbon copy of an eco-friendly card. )
If you should be a legal resident that is permanent your brand-new partner becomes a “preference general, ” in category F2A, and that can obtain a visa (and go into the U.S. ) just following the visa is becoming available. Yearly restrictions regarding the wide range of visas provided in category F2A create years-long waits, in line with the man or woman’s “priority date. ” The application form procedure itself adds more months towards the procedure.
Permanent residents cannot petition for fiance(e)s.
Breakdown of acquiring a Green Card centered on Marriage
The program process for a card that is green on wedding involves numerous actions, such as for example publishing types and papers and going to a job interview with U.S. Immigration authorities. The goal of all of this is to show:
- The status associated with U.S. Petitioner ( as a resident or resident that is permanent
- That a legitimate wedding has occurred (or will occur, when it comes to a visa that is fiance
- That the marriage is real (not just 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 have significantly 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 along with your meant (whom lives away from U.S. ) haven’t yet married—or have held a casual ceremony that will not count as the state wedding in the location where it had been held—you can use for the temporary (90-day) visa to enter the U.S. And keep the wedding.
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’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, which involves submitting types and papers and going to an meeting.
After your marriage into the U.S., the new partner can put on to USCIS for the card that is green through a procedure called adjustment of status (the primary kind is the I-485). The two of you will go to a card that is green at a regional USCIS workplace.
Procedures for in the future From Mexico for an Immigrant Visa
In the event that you along with your wife or husband have previously hitched, you’ll start the green-card application process by filing Form I-130 with USCIS. (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 plus the continuing State Department state (according to your concern date) that one may begin the visa application procedure. As soon as you’ve applied, you may need to wait some more months for the visa in order to become available. Presently (at the time of mid 2018), the hold off is approximately 2 yrs for an available visa.
Your partner is certainly going through consular processing for the visa that is immigrant. This means your spouse submits paperwork to, and attends a job interview at, a U.S. Consulate within the city that is appropriate Mexico. (The U.S. Petitioner might possibly go to, it is not essential to. ) Upon approval, your partner goes into the U.S. On an immigrant visa, at which time she or he turns into a legal permanent resident and gets a genuine green card quickly after.
Where in Mexico the Interview Will Undoubtedly Be Held
Even though the U.S. Has consulates metropolitan areas in Mexico, only a few of those 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 to be surviving in a different country than Mexico, the consulate there would probably function as anyone to manage the situation.
Procedures In The Event Your Spouse Is into the U.S.
If your partner at first found the U.S. Legitimately ( for a fiance(e) visa or perhaps a learning pupil or tourist visa), and either you may be a U.S. Citizen or your partner continues to be in legitimate visa status, they might use to regulate status in the us. The form that is main that is USCIS Form I-485. The both of you will go to a job interview at certainly one of USCIS’s industry workplaces. (information on USCIS places or solution facilities are obtainable at its internet site. )
Your better half didn’t commit fraud that is visa making use of the nonimmigrant visa specifically to enter the U.S. And use for an eco-friendly card—see dangers of going into the U.S. Being a Tourist, Then trying to get Marriage- Based Green Card for details.
When your spouse entered the U.S. Without examination, are a definite permanent resident instead whoever spouse longer in appropriate status or did illegally into the U.S., your position is more complicated than can deal with. You might have trouble getting a green card for your partner, though it is really not impossible. See an immigration lawyer for details or whether you qualify to adjust status if you have any questions about.
Getting Into a Legally Valid Wedding
Wherever you marry, it is important to get yourself a certification that convinces the U.S. Immigration authorities it took place that it was legally recognized in the russian brides site state or country where. Listed here are some suggestions on doing that.
Getting Documentation of the Valid Marriage in Mexico