Skip to main content

I want to marry in mexico with my partner of 7 years i am american and so are our children we want to go back to the states but

Milwaukee, WI |

we are having a hard time living here in mexico and we are expecting another child. we are consindering in filing status here in mexico first but it is the time frame that we worry about. what about a spouse petition they say that it takes about 4 months to grant? But how true is that? He has no criminal brackground but he only has deportation on his record. with no conviction or jail time! he has a very well stable paying job when we return and his boss is willing to help with a eb waiver. and to return to the states also as his sponser. What are his chances for all of us to stay together as a family and for him to be granted legal or permant residancey.

+ Read More

Attorney answers 4


An I-130 will take 4 to 6 months. The chances of success depend on the facts of the case.

You need to retain an experienced immigration lawyer to review all the facts, including his immigration history and deportation, 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.


I know it is hard for you; however, you cannot downplay a "deportation". Your husband will have to go to the proper channels and wait the processing time like everyone else.
Sent on the Sprint® Now Network from my BlackBerry

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


If you husband has a deportation on his record within the past 10 years, he is going to need a form I-212 waiver, so this could take over one year.

Please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.



is it a better idea to file here in mexico or in the states? its just our family is very small and young.


The green card process would involve two stages:

1.) I-130 filing with CIS Service Center
2.) Immigrant Visa Process (IVP) through U.S. Consualte in Mexico

The entire process can take approximately 10 months.

The I-130 form is the petition for a foreign national relative. The U.S. citizen files this form with U.S. Citizenship and Immigration Services (USCIS) to establish the immediate relative relationship to the foreign national relative who wishes to immigrate to the United States. The U.S. citizen must file a separate I-130 form for each eligible relative. For example, if a U.S. citizen wishes to petition for his foreign national spouse and foreign national step-child, a separate I-130 must be filed for both the spouse and step-child.

After the I-130 is filed and approved, an immigrant visa fee bill will be generated from the National Visa Center (NVC). Once paid, correspondence from the NVC will arrive requesting specific information and documentation in order to schedule the immigrant visa appointment at the U.S. Consulate.

The NVC has a significant role in the next steps of the immigrant visa process by providing instructions to petitioners, sponsors, and visa applicants throughout the documentation gathering; reviewing required Affidavit of Support forms from sponsors to ensure compliance; and receiving fees, application forms, and other required documents from visa applicants.


You should consult with an experienced immigration attorney who can provide a case plan of actions, timelines etc.


Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer