What forms while I need to file to marry a non citizen in Mexico and bring her to America?
Asked on Jun 12th, 2016 on Immigration - Pennsylvania
More details to this question:
I met my girlfriend in American while attending the same University. She was an international student from Mexico. I am an American citizen. We plan to marry in Mexico and bring her to America to eventually apply for a green card.
If you marry in Mexico, you could take steps to bring her to the U. S. by filing form I-130 petition for alien relative with U.S.C.I.S. If you are holding legal status in Mexico, you may have the choice of whether to file with U.S.C.I.S. in Mexico instead of the Chicago lockbox of U.S.C.I.S. The agency has offices in Mexico City, Ciudad Juarez, and Monterrey. The reason for which individuals may wish to file at U.S.C.I.S. offices overseas is the usually shorter period of waiting for the spouse to immigrate. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
You have two options. The first is a fiancé visa petition. This allows your fiancé to enter the United States with the intent to marry and seek permanent residence. You would be required to marry within ninety days of her entry after which she would apply for a green card. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.
The second option is to marry outside the United States. Once married, you would file an immigrant visa petition on behalf of your spouse. Once she enters the United Stares she would be a permanent resident. You can read more about petitioning for a spouse at http://myattorneyusa.com/how-to-bring-your-spouse-to-the-united-states.
Both options have positives and negatives. I would encourage you to consult an attorney to discuss which may be best for you.
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