Asked over 3 years ago - Canada, KYFlag
If my daughter were to marry a legal immigrant from mexico, who is in canada, what steps are required for this to happen and what costs and challenges will she be facing for him to become a canadian citizen?
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary
To help you with this issue, it would be good to know a few key facts that are not clear from your question:
- your daughter is in the US or Canada?
- your daughter is a citizen of the US or Canada or both?
- your daughter wants her Mexican citizen fiancé to move to the US or Canada?
- your daughter wants her fiancé to become a US or Canadian citizen?
I am a US attorney, licensed in Texas and practice United States federal law. Questions regarding Canadian citizenship are beyond my scope of practice.
There are two ways for your future son in law to get his permanent residence:
1. If he is already in the US and has entered legally (through a valid visa even if the status or the visa is no longer valid), he can just file for adjustment of status (Form I-130 and Form I-485 and other forms that are attached to such petitions). By filing an adjustment of status, he will get a legal period of stay, follow by a work permit (Form i-765) and ultimately the green card. See our article on marriage petition attached;
2. If he is outside the US, your daughter needs to file for an I-130 petition (and possibly a K3 visa), then wait for approval and the case moves to National visa center, and an interview at the consulate. Your daughter can also opt for a fiancee visa K1 visa and then once your son in law is here, they need to get married within 90 days after the entry. Then you will move to step 1 again.
In your case, since he is in Canada, you can process the case from the US consulate in Canada as long as he is legal in Canada. Our law firm is attached to a Canadian law firm that can give you more details about this. But often US consulates/embassies have refused to process such cases. In this event, he might have to go back to Mexico.
For the costs please refer to the immigration lawyer who is going to be handling the case. The filing fees will not vary but the legal fees will vary.
Note:The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. No attorney client relationship is created unless a retainer is signed by both parties.
25,034 answers this week
2,626 professionals answering