If you should be marrying some body from Mexico, and want to sponsor your brand-new wife or husband for the U.S. Green card (lawful permanent residence), the following is some essential appropriate and information that is practical.
(Warning: this is certainly an overview that is general of the method works well with a lot of people. Your position may provide problems or be eligible for a exceptions; see legal counsel for a complete analysis. )
First, a background that is little U.S. Immigration legislation. Wedding to a U.S. Citizen or legal permanent resident provides foreign-born people an immediate road to U.S. Immigration. As opposed to rumor that is popular but, these individuals try not to 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 just take 6 months up to a or even longer year.
If you’re 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 him or her to enter the U.S. As being a fiance(e) to get hitched when you look at the U.S. —and in that case your brand new partner can put on for an eco-friendly card, if desired. (Or, it is possible to elect to get hitched first an additional country, then submit an application for an immigrant visa with which to enter the U.S. —the exact carbon copy of an eco-friendly card. )
If you’re a legal permanent resident, your partner becomes a “preference general, ” in category F2A, and may obtain a visa (and enter the U.S. ) just following the visa is now available. Yearly limitations on 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 program procedure itself adds more months towards the procedure.
Permanent residents cannot petition for fiance(e)s.
The applying procedure for the 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 to prove:
Procedurally, you may have significantly more than one choice as to where and exactly how you use, as described below.
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’s going to 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 that involves publishing kinds and documents and going to an interview.
After your wedding in the U.S., partner can put on to USCIS for the card that is green through a procedure called modification of status ( form could be the I-485). Both of you will go to a green card meeting at a neighborhood USCIS workplace.
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 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 plus the continuing State Department state (according to your concern date) that one can begin the visa application procedure. As soon as you’ve applied, you may need to wait some more months for the visa in order to become available. Currently ( at the time of mid 2018), the delay couple of years for the visa that is available.
Will get through consular processing for the visa that is immigrant. This means your spouse submits paperwork to, and attends an interview at, a U.S. Consulate within the city that is appropriate Mexico. (The U.S. Petitioner could possibly go to, it is to. ) Upon approval, comes into the U.S. For an visa that is immigrant at which time he or she becomes a legal permanent resident and gets a genuine green card quickly after.
Even though the U.S. Has consulates in many urban centers in Mexico, only some of them procedure visas that is immigrant on wedding., in 2018, just the consulate in Ciudad Juarez is managing visas that is immigrant.
The consulate there would likely be the one to handle the case if your spouse happens to be living in another country than Mexico.
If at first found the U.S. Lawfully (such as for instance for a fiance(e) visa or perhaps a pupil or tourist visa), and either you are a U.S. Citizen or your partner continues to be in valid visa status, they might use to regulate status in the usa. The main kind for 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 on USCIS places or solution facilities can be seen at its internet site. )
Your better half didn’t russian bride scams commit visa fraudulence by utilising the nonimmigrant visa specifically to go into the U.S. And use 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.
In the event your spouse entered the U.S. Without examination, or perhaps you are really a permanent resident instead whoever spouse is not any longer in appropriate status or spent some time working illegally within the U.S., is much more complicated than this short article can deal with. You might have trouble getting a card that is green your better half, though it is not impossible. See an immigration lawyer for details or for those who have any concerns about whether you qualify to modify status.
Irrespective of where you marry, it is important 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 guidelines on doing that.
In the event that you want to get hitched in Mexico, you need to ensure that the marriage would be seen as legitimate. Each state in Mexico determines its marriage procedures as in the United States. Contact the office regarding the Registro Civil within the jurisdiction for which you want to have hitched for complete information regarding certain requirements.