Whether marrying in Mexico or into the U.S., make sure that your wedding is valid to see just just how it may qualify your partner for U.S. residence that is permanent.
If you should be marrying some body from Mexico, and intend to sponsor your wife or husband for the U.S. green card (lawful permanent residence), the following is some essential legal and information that is practical.
(Warning: that is an overview that is general of the method works well with a lot of people. Your circumstances may provide complications or be eligible for exceptions; see legal counsel for the full analysis.)
Immigration Eligibility Centered On Engagement or Wedding
First, a background that is little U.S. immigration legislation. Wedding to a U.S. citizen or legal resident that is permanent foreign-born people an immediate way to U.S. immigration. Contrary to rumor that is popular but, these individuals never straight away or automatically enjoy green cards or U.S. citizenship.
If you should be a U.S. resident, your brand-new partner becomes your “immediate general,” that can get an eco-friendly card once the both of you ensure it is through the application form process. This might just just simply take half a year to a or even longer year.
If you should be perhaps not yet hitched as well as your fiance(e) continues to be in Mexico, it is possible to, if you’re a U.S. resident, petition for them to go into the U.S. being a fiance(e) to get hitched within the U.S.—and in that case your brand new partner can use for an eco-friendly card, if desired. (Or, you are able to elect to get hitched first an additional nation, then apply for an immigrant visa with which to enter the U.S.—the same in principle as a green card.)
If you should be a lawful resident that is permanent your brand-new partner turns into a “preference general,” in category F2A, and may get a visa (and enter the U.S.) just following the visa is becoming available. Yearly limitations in the quantity of visas provided in category F2A create waits that are years-long on the basis of 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 Obtaining a Green Card According to wedding
The program process for the card that is green on marriage involves numerous actions, such as for instance publishing kinds and papers and attending an meeting with U.S. immigration authorities. The goal of all this work is always to prove:
- the status associated with U.S. petitioner ( as a resident or resident that is permanent
- that a legitimate wedding has happened (or will happen, when it comes to a visa that is fiance
- that the marriage is real (not just a sham getting an eco-friendly card), and
- that the immigrant isn’t 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 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’s going to transfer the 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 into the U.S., your brand-new spouse can use to USCIS for a card that is green through a procedure called modification of status (the key type which is why may be the I-485). The both of you will go to a green card meeting at a neighborhood USCIS workplace.
Procedures for your better half in the future 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 sexybrides Preparing an I-130 Visa Petition when it comes to 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 partners of permanent residents must hold back until USCIS also the continuing State Department state (predicated on your concern date) as you are able to begin the visa application procedure. As soon as you’ve used, you might need certainly to wait some more months for the visa to be available. Presently ( as of mid 2018), the delay is all about 2 yrs for the available visa.
will get through consular processing for the immigrant visa. 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 probably go to, it is not necessary to.) Upon approval, your better half comes into the U.S. on 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 the U.S. has consulates in lot of towns and cities in Mexico, not totally all of those procedure visas that is immigrant on wedding. In reality, in 2018, just the consulate in Ciudad Juarez is managing visas that is immigrant.
When your spouse occurs become staying in a different country than Mexico, the consulate there may likely function as the anyone to manage the truth.
Procedures In The Event The Partner Has Already Been when you look at the U.S.
If your better half initially found the U.S. legitimately (such as for instance for a fiance(e) visa or perhaps a learning pupil or tourist visa), and either you may be a U.S. resident or your better half continues to be in legitimate visa status, they are able to use status in the usa. The main type for this might be USCIS Form I-485. Both of you shall go to an meeting at certainly one of USCIS’s industry workplaces. (information regarding USCIS locations or service facilities are obtainable at its internet site.)
your better half didn’t commit fraud that is visa making use of the nonimmigrant visa particularly to enter the U.S. thereby applying 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.
If the partner entered the U.S. without assessment, certainly are a resident that is permanent whoever spouse is not any longer in appropriate status or did illegally within the U.S., your circumstances is much more complicated than this short article can deal with. You have trouble receiving a green card for your better half, though it’s not impossible. See an immigration lawyer for details or when you have any concerns about whether you qualify to regulate status.
Stepping As a Legally Valid Wedding
No matter where you marry, it is important to have a certification that convinces the U.S. immigration authorities it was legitimately recognized within the state or nation where it were held. Here are some recommendations on doing that.
Getting 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. Each state in Mexico determines its marriage procedures as in the United States. Contact the office associated with Registro Civil into the jurisdiction where you intend to have hitched for complete information regarding certain requirements.