Marrying A resident of Mexico? Ways to get an eco-friendly Card for the New Spouse

Marrying A resident of Mexico? Ways to get an eco-friendly Card for the New Spouse

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

If you’re marrying some body from Mexico, and want to sponsor your brand-new spouse for the U.S. green card (lawful permanent residence), let me reveal some essential appropriate and practical information.

(Warning: this is certainly an overview that is general of the procedure works for people. Your circumstances 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 up to a U.S. citizen or legal permanent resident provides foreign-born people an immediate way to U.S. immigration. As opposed to popular rumor, nonetheless, these individuals don’t 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 could just just take half a year to a 12 months, and sometimes even 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 decide to get married first an additional nation, then submit an application for an immigrant visa with which to go into the U.S.—the exact carbon copy of a green card.)

If you should be a legal permanent resident, the new partner turns into a « preference general, » in category F2A, and may obtain a visa (and enter the U.S.) just following the visa has grown to become available. Yearly limitations regarding the range visas provided in category F2A create years-long waits, on the basis of the man or woman’s « priority date. » The application form process itself adds more months to your procedure.

Permanent residents cannot petition for fiance(e)s.

Breakdown of acquiring an eco-friendly Card According to wedding

The application form process for the card that is green on wedding involves numerous actions, such as for example publishing kinds and papers and going to a job interview with U.S. immigration authorities. The goal of all of this is always to prove:

  • the status for the U.S. petitioner ( as 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 is not inadmissible towards the U.S. for medical, criminal, monetary, or other reasons. (See Inadmissibility: When the U.S. will Keep You Out for details.)

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

Procedures Whenever Obtaining 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 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’ll move the full instance up to a U.S. consulate in Mexico. Here, your fiance(e) will make an application for A k-1 visa, that involves publishing types and papers and going to an meeting.

After your wedding in the U.S., partner can put on to USCIS for the green card, through called adjustment of status (the key kind which is why is the I-485). The 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’ll begin the green-card application procedure 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 for the 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 while the continuing State Department state (according to your priority date) as you are able to begin the visa application process. When you’ve used, you may need to wait some more months for the visa in order to become available. Presently ( at the time of mid 2018), the delay is mostly about couple of years for the visa that is available.

will go 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 when you look at the appropriate town in Mexico. (The U.S. petitioner could possibly go to, but is not essential to.) Upon approval, comes 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 right after.

Where in Mexico the Interview Are Going To Be Held

even though the U.S. has consulates in a number of metropolitan areas in Mexico, only some of them procedure visas that is immigrant 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 Is in the U.S.

If your partner at first stumbled on the U.S. lawfully (such as for instance for a fiance(e) visa or perhaps a pupil or tourist visa), and either you will be a U.S. resident or your partner remains in valid visa status, they can use status in america. The main kind for this can be USCIS Form I-485. the both of you shall attend a job interview at one of USCIS’s industry workplaces. (information on USCIS places or solution facilities can be obtained at its site.)

your partner didn’t commit visa fraudulence by with the nonimmigrant visa particularly to enter the U.S. thereby applying for a green card—see dangers of Entering the U.S. being a Tourist, Then trying to get Marriage- Based Green Card for details.

Should your partner entered the U.S. without assessment, are really a permanent resident rather whoever spouse longer in appropriate status or did illegally into the U.S., is much more complicated than can deal with. You may possibly have trouble getting a green card for , 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 Into a Legally Valid Wedding

Wherever you marry, it is important to 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 recommendations on doing that.

Acquiring Documentation of the Valid Marriage in Mexico

In the event that you intend to get hitched in Mexico, you will have to verify the wedding will undoubtedly be named legitimate. Like in america, each state in Mexico determines its wedding procedures. Contact the working office of this Registro Civil when you look at the jurisdiction in which you want to have hitched for complete details about certain requirements.