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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 within the U.S., make sure that your wedding 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 intend to sponsor your brand-new wife or husband for a U.S. Green card (lawful permanent residence), let me reveal some essential appropriate and practical information.

(Warning: this really is a basic summary of just how the procedure works for a lot of people. Your circumstances may provide problems or be eligible for exceptions; see a legal professional for a complete analysis. )

Immigration Eligibility Centered On Engagement or Marriage

First, a small back ground on U.S. Immigration law. Wedding to a U.S. Citizen or legal resident that is permanent foreign-born people an immediate way to U.S. Immigration. Contrary to popular rumor, but, these people try not to instantly or automatically enjoy green cards or U.S. Citizenship.

If you’re a U.S. Resident, your brand-new partner becomes your “immediate general, ” and may even get an eco-friendly card the moment the both of you ensure it is through the program procedure. This could easily simply just take 6 months up to a year, as well as 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 hitched 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 an eco-friendly card. )

If you should be a legal permanent resident, the new partner turns into a “preference general, ” in category F2A, and certainly will get a visa (and go into the U.S. ) just following the visa happens to be available. Yearly restrictions from the range 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 to your procedure.

Permanent residents cannot petition for fiance(e)s.

Summary of getting an eco-friendly Card centered on wedding

The application form procedure for the green card based on wedding involves numerous actions, such as for example publishing kinds and papers and going to an meeting with U.S. Immigration authorities. The goal of all of this is to show:

  • The status associated with U.S. Petitioner ( as being a resident or resident that is permanent
  • That a legitimate wedding has taken place (or will happen, when it comes to a fiance visa)
  • That the marriage is real (not just a sham to have a green card) company website, and
  • That the immigrant is certainly not inadmissible towards the U.S. For medical, unlawful, monetary, or any other reasons. (See Inadmissibility: When the U.S. Are able to help keep You Out for details. )

Procedurally, you may than one choice as to where and exactly how you use, as described below.

Procedures Whenever Trying To Get A fiance(e that is k-1

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 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 will probably move the full situation up to a U.S. Consulate in Mexico. Here, your fiance(e) will submit an application for a visa that is k-1 which involves publishing types and documents and going to an meeting.

After your wedding into the U.S., your brand-new partner can put on to USCIS for the card that is green through a procedure called modification of status ( kind is the I-485). The both of you will go to a green card meeting at a local 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 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 a U.S. Permanent Resident. )

After USCIS approves the I-130, partners of U.S. Residents can carry on ahead with visa processing, while spouses of permanent residents must wait until USCIS while the State Department state (according to your concern date) that one can begin the visa application procedure. As soon as you’ve used, you may need to wait some more months for the visa to be available. Currently ( as of mid 2018), the hold off is approximately couple of years for the available visa.

Your partner is certainly going 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 might be able to go to, it is not necessary to. ) Upon approval, your partner gets in 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 Undoubtedly Be Held

Even though U.S. Has consulates towns in Mexico, not totally all 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 when you look at the U.S.

If at first found the U.S. Lawfully (such as for instance for a fiance(e) visa or even a student or tourist visa), and either you will be a U.S. Resident or remains in legitimate visa status, they might use status in the us. The form that is main this can be USCIS Form I-485. Both of you shall go to a job interview at certainly one of USCIS’s industry workplaces. (information regarding USCIS places or solution facilities is available at its internet site. )

Didn’t commit visa fraudulence by utilizing the nonimmigrant visa particularly to go into 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 the event your spouse entered the U.S. Without examination, really are a resident that is permanent whoever spouse is not any longer in appropriate status or spent some time working illegally into the U.S., your circumstances is more complicated than this informative article can deal with. You may possibly have trouble finding 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.

Stepping Into a Legally Valid Marriage

Irrespective of where you marry, you need to obtain a certification that convinces the U.S. Immigration authorities it was lawfully recognized into the state or nation where it happened. Here are some guidelines on doing that.

Getting Documentation of a 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 Registro Civil when you look at the jurisdiction in which you want to get hitched for complete details about what’s needed.

Your circumstances may provide problems or be eligible for exceptions; see a legal professional for a complete analysis. )

Immigration Eligibility Centered On Engagement or Marriage

First, a small back ground on U.S. Immigration law. Wedding to a U.S. Citizen or legal resident that is permanent foreign-born people an immediate way to U.S. Immigration. Contrary to popular rumor, but, these people try not to instantly or automatically enjoy green cards or U.S. Citizenship.

If you're a U.S. Resident, your brand-new partner becomes your "immediate general, " and may even get an eco-friendly card the moment the both of you ensure it is through the program procedure. This could easily simply just take 6 months up to a year, as well as 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 hitched 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 an eco-friendly card. )

If you should be a legal permanent resident, the new partner turns into a "preference general, " in category F2A, and certainly will get a visa (and go into the U.S. ) just following the visa happens to be available. Yearly restrictions from the range 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 to your procedure.

Permanent residents cannot petition for fiance(e)s.

Summary of getting an eco-friendly Card centered on wedding

The application form procedure for the green card based on wedding involves numerous actions, such as for example publishing kinds and papers and going to an meeting with U.S. Immigration authorities. The goal of all of this is to show:

  • The status associated with U.S. Petitioner ( as being a resident or resident that is permanent
  • That a legitimate wedding has taken place (or will happen, when it comes to a fiance visa)
  • That the marriage is real (not just a sham to have a green card) company website, and
  • That the immigrant is certainly not inadmissible towards the U.S. For medical, unlawful, monetary, or any other reasons. (See Inadmissibility: When the U.S. Are able to help keep You Out for details. )

Procedurally, you may than one choice as to where and exactly how you use, as described below.

Procedures Whenever Trying To Get A fiance(e that is k-1

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 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 will probably move the full situation up to a U.S. Consulate in Mexico. Here, your fiance(e) will submit an application for a visa that is k-1 which involves publishing types and documents and going to an meeting.

After your wedding into the U.S., your brand-new partner can put on to USCIS for the card that is green through a procedure called modification of status ( kind is the I-485). The both of you will go to a green card meeting at a local 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 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 a U.S. Permanent Resident. )

After USCIS approves the I-130, partners of U.S. Residents can carry on ahead with visa processing, while spouses of permanent residents must wait until USCIS while the State Department state (according to your concern date) that one can begin the visa application procedure. As soon as you’ve used, you may need to wait some more months for the visa to be available. Currently ( as of mid 2018), the hold off is approximately couple of years for the available visa.

Your partner is certainly going 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 might be able to go to, it is not necessary to. ) Upon approval, your partner gets in 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 Undoubtedly Be Held

Even though U.S. Has consulates towns in Mexico, not totally all 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 when you look at the U.S.

If at first found the U.S. Lawfully (such as for instance for a fiance(e) visa or even a student or tourist visa), and either you will be a U.S. Resident or remains in legitimate visa status, they might use status in the us. The form that is main this can be USCIS Form I-485. Both of you shall go to a job interview at certainly one of USCIS’s industry workplaces. (information regarding USCIS places or solution facilities is available at its internet site. )

Didn’t commit visa fraudulence by utilizing the nonimmigrant visa particularly to go into 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 the event your spouse entered the U.S. Without examination, really are a resident that is permanent whoever spouse is not any longer in appropriate status or spent some time working illegally into the U.S., your circumstances is more complicated than this informative article can deal with. You may possibly have trouble finding 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.

Stepping Into a Legally Valid Marriage

Irrespective of where you marry, you need to obtain a certification that convinces the U.S. Immigration authorities it was lawfully recognized into the state or nation where it happened. Here are some guidelines on doing that.

Getting Documentation of a 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 Registro Civil when you look at the jurisdiction in which you want to get hitched for complete details about what's needed.

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