If my daughter were to marry a legal immigrant from mexico, what steps are required and what challenges and costs?

Attorney answers (3)

1. 

   Ruby Powers

   Houston Immigration Attorney

   Contributor Level 12

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   Answered November 21, 2009 10:51. 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.

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2. 

   Thuong-Tri Nguyen

   Renton Immigration Attorney

   Contributor Level 20

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   Answered November 21, 2009 12:43. It appears you have questions regarding Canadian laws. As this site and the attorneys who provide general information here deal primarily with US laws, you likely should review the specific facts directly with someone who is licensed to practice law in Canada.

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3. 

   Shah PeerallyPro

   Newark Immigration Attorney

   Contributor Level 19

   

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   Answered December 21, 2009 15:08. 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 If he is already in the US and has entered legally (through a valid visa even if the status or the visa is no longer valid), he can just file for adjustment of status (Form I-130 and Form I-485 and other forms that are attached to such petitions).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.
   
   Good Luck
   Shah Peerally
   
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   • Canada Immigration

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