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 fully sure your wedding is legitimate and discover exactly exactly how it could qualify your partner for U.S. residence that is permanent.
If you’re marrying somebody 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 legal and practical information.
(Warning: this really is a basic breakdown of just how the method works well with a lot of people. Your position may provide problems or be eligible for exceptions; see legal counsel for a complete analysis.)
Immigration Eligibility Centered On Engagement or Wedding
First, a small history on U.S. immigration legislation. Marriage to a U.S. citizen or lawful permanent resident provides foreign-born people a primary road to U.S. immigration. As opposed to rumor that is popular nonetheless, these people try not to straight away or automatically accept green cards or U.S. citizenship.
If you should be a U.S. resident, your brand-new partner becomes your “immediate general,” and could get a green card the moment the both of you allow it to be through the program procedure. This will probably just simply take half a year 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 decide to get hitched first an additional country, then apply for an immigrant visa with which to enter the U.S.—the exact carbon copy of a green card.)
If you should be a legal resident that is permanent the new partner turns into a “preference general,” in category F2A, and certainly will get yourself a visa (and enter the U.S.) just following the visa is actually available. Yearly restrictions from 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 application form procedure itself adds more months into the procedure.
Permanent residents cannot petition for fiance(e)s.
Summary of acquiring a Green Card According to wedding
The application form procedure for a green card based 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 this is always to show:
- the status regarding the U.S. petitioner ( being a resident or permanent resident)
- 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 certainly not inadmissible towards the U.S. for medical, unlawful, monetary, 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 and exactly how you use, as described below.
Procedures Whenever Trying To Get A fiance(e that is k-1
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 state wedding when you look at the location where it had been held—you can use for a temporary (90-day) visa to go into the U.S. and keep 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’ll move the full situation to a U.S. consulate in Mexico. Here, your fiance(e) will make an application for a visa that is k-1 that involves publishing kinds and papers and going to an meeting.
After your wedding into the U.S., your brand-new partner can put on to USCIS for the green card, meaningful link through called modification of status (the primary type which is why may be the I-485). the both of you will attend a card that is green at a regional USCIS workplace.
Procedures for your partner 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 the U.S. Permanent Resident .)
After USCIS approves the I-130, spouses of U.S. residents can carry on ahead with visa processing, while partners of permanent residents must hold back until USCIS therefore the State Department state (predicated on your concern date) that one can begin the visa application procedure. As soon as you’ve used, you might need to wait some more months for the visa to be available. Presently ( as of mid 2018), the hold off is mostly about two 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 a job interview at, a U.S. consulate into the appropriate town in Mexico. (The U.S. petitioner might possibly go to, but is 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 real green card immediately after.
Where in Mexico the Interview Will Undoubtedly Be Held
even though U.S. has consulates in a number of towns and cities in Mexico, not totally all of them procedure immigrant visas based on marriage. In reality, in 2018, just the consulate in Ciudad Juarez is managing immigrant visas.
When your spouse occurs become residing in a different country than Mexico, the consulate there would probably end up being the anyone to manage the way it is.
Procedures When Your Partner Has Already Been when you look at the U.S.
If at first stumbled on the U.S. legitimately (such as for instance for a fiance(e) visa or even a pupil or tourist visa), and either you may be a U.S. resident or remains in legitimate visa status, they can use to modify status in america. The form that is main this will be USCIS Form I-485. The both of you shall go to a job interview at certainly one of USCIS’s industry workplaces. (information regarding USCIS places or solution centers are found at its internet site.)
didn’t commit visa fraudulence by making use of the nonimmigrant visa specifically to enter the U.S. thereby applying for an eco-friendly card—see dangers of going into the U.S. as being a Tourist, Then trying to get Marriage- Based Green Card for details.
Should your spouse entered the U.S. without assessment, are a definite resident that is permanent whoever spouse is not any longer in legal status or spent some time working illegally into the U.S., your position is more complicated than this short article can deal with. You have trouble getting a green card for your better half, though it isn’t impossible. See an immigration lawyer for details or for those who have any queries about whether you qualify to regulate status.
Stepping As a Legally Valid Marriage
Irrespective of where you marry, you will have to get yourself 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 intend to get married in Mexico, it is important to ensure the wedding is supposed to be seen as legitimate. As with america, each state in Mexico determines its wedding procedures. Contact the working office associated with the Registro Civil into the jurisdiction for which you prepare getting hitched for complete details about what’s needed.