4 years ago my father, us citizen, filed an I130 for me and it was approved, I am about to get married to my girlfriend who is also a US citizen. Couple of questions:
We live in the border, she lives in US and I live in Mexico, Should we marry in the US or in Mexico?
How does this marriage impacts the approved I130? should I issue another one?
I am a frequent border crosser, I have a job in Mexico, and after our marriage I need to continue crossing, would filing for the I130 in the US embassy in Mexico help this situation?
What is the expected timing for me to get the US residency?
Please let us know all your thoughts around this situation.
You can choose where to marry, it does not matter. However, once you are married, you must make a choice: do you want to stay in the US until all paperwork is processed or do you want to be in Mexico. You might be allowed to cross the border, but it also could be a problem. You should be ready to stay a couple of months in Mexico without crossing if you file in Mexico.
If you decide to process in the US, it is safer to stay there until the process is completed. In both cases you look at a processing time of 6-9 months.
Your father's petition will no longer be needed, since your wife's petition will allow much faster processing.
You should let an attorney handle all the processing.
Wolf W. Kaufmann
Southern California Immigration Attorney
No client-attorney relationship is being created by this posting. Please contact an attorney with questions about your case.
It doesn't matter where you marry. A petition from your wife will take about 7 months. Marriage won't affect your fathers I-130 but you won't need his anymore because you can apply for a greencard through your wife without having to wait for a priority date. The whole greencard process will take about 7-9 months.
You or your wife should contact an immigration lawyer to get started.
Call anytime at 206-724-1940
Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.
Where to marry is a question only you can answer. It is not a legal question.
Getting married will change your priority date category from F1 to F3.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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