My Cuban boyfriend came to the US a year ago and he is applying for his green card now. We met in Mexico and have a 3 year relationship, we want to get married in the US but we are unsure if this is possible or not. I am Mexican visiting the US with a tourist visa and my I-94 expires in May/2013. Once we get married he wants to file a petition for me, should we get married in the US or Mexico?
You can marry whoever you want, Cuban or not. Yes, you can adjust status, once your husband files for you, get his petition approved and your priority date becomes current. All this time, which is several years, you will have to maintain your valid nonimmigrant status or the answer will automatically change to no, you cannot adjust.
It is much easier to marry in the U.S. while you are visiting than to marry in Mexico. Marriage is according to State law, so you can marry. At the end of your stay as a visitor, you should still depart the U.S. Once he obtains his green card he can petition you to immigrate from Mexico. The problem is that it will likely take more than 3 years to complete immigrant spouse visa processing for you because your future husband is not a U.S. citizen. There are few exceptions. Consider a private consultation with an attorney to set out an immigration plan. Kind regards, Allan
I agree with my colleagues in a lot of respects. First, most often you will not have an issue getting married as long as there is no issue based on family law in the state you reside. Second, if your future husband gets his green card and files for you then your visa petition will be in what is referred to as a "family preference" category, which means there is going to be a wait for your visa to be available to apply for your green card and you can only apply in the U.S. if you have maintained lawful status throughout the entire time you were here. Third, there are a lot of changes to your case if your husband were to become a U.S. citizen, but most likely that will take 5 years to occur and, unless, there are options for employment based visas for you then you will have to return to Mexico. Bottom line, this is going to be a long term process and it's best if you consult with an attorney who can address the long term case in a long term manner
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