QUESTION

Hi I am wondering how to go about with marrying an immagrant? I am a Native American and have a 6mo son with a Mexican.

Asked on Sep 28th, 2012 on Immigration - North Dakota
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1 ANSWER

Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
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Section 201(b) of the Nationality Act, effective January 13, 1941, declared that persons born in the United States to members of an Indian, Eskimo, Aleutian, or other aboriginal tribe were nationals and citizens of the United States at birth. The Immigration and Nationality Act (INA), 301(b) (8 U.S.C. 1401(b)) (formerly INA 301(a)(2)), in effect from December 24, 1952, restates this provision. What this means is that as a Native American, you may petition for a foreign spouse as a US citizen.  If you are not yet married and your fiance is still in Mexico, the most efficient way to proceed is to seek a fiance visa.  Once your Mexican fiance is in the US, you would need to marry within 90 days and the file for a green card after that.
Answered on Sep 29th, 2012 at 11:33 AM

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