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us citizen marrying a mexican immigrant

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jangel

Junior Member
What is the name of your state (only U.S. law)? I am in CA and I am a US citized and married my long time boyfriend a year and 6 months ago. I want to know what the process is to apply for residency. I have no idea where to start and I keep hearing "the laws are changing" are they changing for the best or the worst? I want to know the process and where to start.
 
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Proserpina

Senior Member
What is the name of your state (only U.S. law)? I am in CA and I am a US citized and married my long time boyfriend a year and 6 months ago. I want to know what the process is to apply for residency. I have no idea where to start and I keep hearing "the laws are changing" are they changing for the best or the worst? I want to know the process and where to start.
Provided your boyfriend entered the country legally the process is fairly straightforward.

http://tinyurl.com/ygkrv9s

Start there.

File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See required documentation below.

To complete the process, the petitioner must submit:

* Form I-130 (signed with proper fee), with all required documentation, including:

o Two completed and signed G-325A forms (one for you and one for your spouse)
o A copy of your civil marriage certificate
o A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
o Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
o Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)

* If you are a U.S. citizen, you must demonstrate your status with:
o A copy of your valid U.S. passport OR
o A copy of your U.S. birth certificate OR
o A copy of Consular Report of Birth Abroad OR
o A copy of your naturalization certificate OR
o A copy of your certificate of citizenship

* If you are a permanent resident, you must demonstrate your status with:
o A copy (front and back) of Form I-551 (green card) OR
o A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence
 
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Proserpina

Senior Member
He did enter the US illegally, as a child over 20 years ago.:(
Oh. Then you NEED to speak with an immigration attorney, I'm sorry - this complicates things to a HUGE extent. By all means post on the expat boards though as there are many others there who are going through or have gone through a similar situation.
 

evcalyptos

Senior Member
Thank you!!!!
I recommend you go to a different board than at britishexpats.
Because he entered illegally, your husband will have to leave the US for a visa, have the visa denied, and apply for a waiver.
You can find detailed information about that process in the I-601 forums at immigrate2us.net

It's highly recommended that you use a lawyer, and there are a couple of very experienced ones posting there.. you need one with direct experience. There are a lot of resources posted for free though. Do some studying before filing or hiring. Timing will be everything.

I would not count on waiting for the laws to change, as anything can happen and not necessarily in your favor.
 

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