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 exactly how it may qualify the new 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), the following is some essential appropriate and information that is practical.

(Warning: this is certainly a basic breakdown of exactly how the method works well with many people. Your position may provide problems or be eligible for exceptions; see a lawyer for the full analysis.)

Immigration Eligibility According To Engagement or Wedding

First, a small back ground on U.S. immigration legislation. Marriage up to a U.S. citizen or legal permanent resident provides foreign-born persons an immediate road to U.S. immigration. As opposed to rumor that is popular nevertheless, these individuals 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 will probably simply 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 decide to get hitched first an additional country, then make an application for an immigrant visa with which to go into the U.S.—the same in principle as an eco-friendly card.)

If you’re a legal permanent resident, the new partner turns into a “preference general,” in category F2A, and may obtain a visa (and go into the U.S.) just following the visa is available. Yearly restrictions from the amount of visas provided in category F2A create waits that are years-long in line with the individuals “priority date.” The applying procedure itself adds more months towards the procedure.

Permanent residents cannot petition for fiance(e)s.

Summary of getting a Green Card predicated on wedding

The application form procedure for the green card based on marriage involves numerous actions, such as for instance publishing kinds and papers and going to an meeting with U.S. immigration authorities. The objective of all this work is to show:

  • the status associated with U.S. petitioner ( as being a resident or permanent resident)
  • that a legitimate wedding has happened (or will take place, when it comes to a fiance visa)
  • that the marriage is real (not just a sham to obtain a green card), and
  • that the immigrant just isn’t inadmissible to your U.S. for medical, unlawful, economic, or any other reasons. (See Inadmissibility: When the U.S. could Keep You Out for details.)

Procedurally, you may than one option as to where 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. citizen begins this method by filing a visa petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the I-129F, it’s going to 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 a job interview.

After your wedding when you look at the U.S., partner can put on to USCIS for the card that is green through a procedure called modification of status (the primary kind which is why may be the I-485). Both 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’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 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 as well as the continuing State Department state (according to your concern date) as you are able to begin the visa application process. When you’ve used, you might need certainly to wait some more months for the visa to be available. Presently ( at the time of mid 2018), the hold off couple of years for the visa that is available.

Your partner is certainly going through consular processing for the immigrant visa mailorder ukrainian brides. This means your spouse submits paperwork to, and attends an interview at, a U.S. consulate in the city that is appropriate Mexico. (The U.S. petitioner could possibly go to, it is to.) Upon approval, your partner goes into the U.S. for an immigrant visa, at which time she or he turns into a legal permanent resident and receives a real green card quickly after.

Where in Mexico the Interview Will Probably Be Held

Even though U.S. has consulates in a number of towns and cities in Mexico, not absolutely all of them procedure visas that is immigrant on wedding. In reality, in 2018, just the consulate in Ciudad Juarez is managing immigrant visas.

When your spouse happens become staying in another country than Mexico, the consulate there would probably end up being the anyone to manage the truth.

Procedures In The Event Your Partner Has Already Been within the U.S.

If your partner at first stumbled on the U.S. legally (such as for instance on a fiance(e) visa or even a learning 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 main kind for this can be USCIS Form I-485. Both of you will go to a job interview at certainly one of USCIS’s industry workplaces. (information on USCIS places or solution facilities can be seen at its internet site.)

Just be sure didn’t commit fraud that is visa making use of the nonimmigrant visa specifically 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 the event your partner entered the U.S. without assessment, or perhaps you really are a permanent resident instead whoever spouse longer in appropriate status or did illegally into the U.S., your position is much more complicated than can deal with. you might have trouble getting a card that is green your better half, though it isn’t impossible. See an immigration lawyer for details or for those who have any concerns about whether you qualify to regulate status.

Stepping As a Legally Valid Wedding

Wherever you marry, you need 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 suggestions on doing that.

Acquiring 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. Like in the usa, each state in Mexico determines its marriage procedures. Contact the office of this Registro Civil when you look at the jurisdiction in which you prepare getting hitched for complete information regarding what’s needed.